42 U.S.C. § 4631

Federal share of costs

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(a) Cost to displacing agency; eligibility

The cost to a displacing agency of providing payments and assistance under this subchapter and subchapter III of this chapter shall be included as part of the cost of a program or project undertaken by a Federal agency or with Federal financial assistance. A displacing agency, other than a Federal agency, shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.

(b) Comparable payments under other laws

No payment or assistance under this subchapter or subchapter III of this chapter shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by Federal, State, or local law which is determined by the head of the Federal agency to have substantially the same purpose and effect as such payment under this section.

Any grant to, or contract or agreement with, a State agency executed before January 2, 1971, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after January 2, 1971, shall be amended to include the cost of providing payments and services under sections 4630 and 4655 of this title. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 4626, 4630, 4635, and 4655 of this title.

(Pub. L. 91–646, title II, § 211, Jan. 2, 1971, 84 Stat. 1900; Pub. L. 100–17, title IV, § 411, Apr. 2, 1987, 101 Stat. 254.)Editorial NotesReferences in Text

Subchapter III of this chapter, referred to in subsecs. (a) and (b), was in the original “title III of this Act”, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is classified principally to subchapter III of this chapter. For complete classification of title III to the Code, see Tables.

Amendments

1987—Subsec. (a). Pub. L. 100–17, § 411(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The cost to a State agency of providing payments and assistance pursuant to sections 4626, 4630, 4635, and 4655 of this title, shall be included as part of the cost of a program or project for which Federal financial assistance is available to such State agency, and such State agency shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwithstanding any other law in the case where the Federal financial assistance is by grant or contribution the Federal agency shall pay the full amount of the first $25,000 of the cost to a State agency of providing payments and assistance for a displaced person under sections 4626, 4630, 4635, and 4655 of this title, on account of any acquisition or displacement occurring prior to July 1, 1972, and in any case where such Federal financial assistance is by loan, the Federal agency shall loan such State agency the full amount of the first $25,000 of such cost.”

Subsec. (b). Pub. L. 100–17, § 411(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No payment or assistance under section 4630 or 4655 of this title shall be required or included as a program or project cost under this section, if the displaced person receives a payment required by the State law of eminent domain which is determined by such Federal agency head to have substantially the same purpose and effect as such payment under this section, and to be part of the cost of the program or project for which Federal financial assistance is available.”

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

Notes of Decisions

Cited in 10 cases, 1972–2018 · leading case: State Ex Rel. Dep't of Transp. v. Little, 2004 OK 74 (Okla. 2004).

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State Ex Rel. Dep't of Transp. v. Little, 2004 OK 74 (Okla. 2004). “§ 4631 [Federal share of costs] states: "No payment or assistance under this subchap-ter or subchapter III of this chapter shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment re *717 quired by…”

Whitman v. State High. Comm'n of Missouri, 400 F. Supp. 1050 (W.D. Mo. 1975). · cites it 2× “Section 305 requires the federal agency to secure the necessary assurances from the State agency before acting under that section, and § 211(c) of the URA ( 42 U.S.C. § 4631 (d)) requires the amendment of federal-state agreements that were in existence prior to the effective…”

Keith v. Volpe, 352 F. Supp. 1324 (C.D. Cal. 1972). “§ 504 , and Section 211 of the Relocation Act, 42 U.S.C. § 4631 . (2) The state authorities must assure the FHWA that they will afford displaced persons “relocation assistance programs.”

The City of Columbia, South Carolina v. Douglas M. Costle, Adm'r, Env't Prot. Agency, an Agency of the United States of Am., 710 F.2d 1009 (4th Cir. 1983). “The city alternatively argues that its entitlement to reimbursement for amounts spent to acquire the easements arises from § 211 of the Uniform Act, 42 U.S.C. § 4631 . That section provides that The cost to a State agency of providing payments and assistance pursuant to section…”

Joyce Goolsby, Individually & on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Sec'y of the Dep't of the Treasury, 581 F.2d 455 (5th Cir. 1978). “42 U.S.C.A. § 4631 . Only where a state or local agency has violated URA, failed to request funds sufficient to provide the URA benefits, expended all of the provided federal money, and is unable to obtain other federal assistance to help pay URA costs will the agency be…”

Robzen's Inc. v. US Dept. of Hous., 515 F. Supp. 228 (M.D. Penn. 1981). “According to 42 U.S.C. § 4631 (b): No payment or assistance under Section 4630 [which includes the items listed in § 4622(a)] or 4655 of this title shall be required or included as a program or project cost under this section, if the displaced person receives a payment required…”

Peoples Apparel, Ltd., 226 Ct. Cl. 515 (Ct. Cl. 1980). “Plaintiff also cites to 42 U.S.C. § 4631 which sets forth a requirement that a federal agency must make certain direct monetary contributions to cover relocation and other costs under the Act.”

State Ex Rel. Dep't of Transp. v. Kelly, 2007 OK CIV APP 25 (Okla. Civ. App. 2006). “42 U.S.C. § 4631 (b). (Emphasis supplied).”

Barnes v. Tarrytown Urban Renewal Agency, 338 F. Supp. 262 (S.D.N.Y. 1972). “Specifically, the question which arose was whether these State agencies had to comply with the provision calling for sharing of relocation costs with the Federal Government pursuant to § 211(a) of the Uniform Act ( 42 U.S.C. § 4631 (a)). The matter was resolved for HUD by an…”

Long v. South Dakota Dep't of Transp. (D.S.D. 2018). “See 42 U.S.C. § 4631 (stating that “[n]o payment or assistance .”

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