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U.S. Code as of:
01/19/04
Section 640d-14. Relocation housing
(a) Purchase of habitation and improvements from head of household;
fair market value
The Commissioner shall purchase from the head of each household
whose household is required to relocate under the terms of this
subchapter the habitation and other improvements owned by him on
the area from which he is required to move. The purchase price
shall be the fair market value of such habitation and improvements
as determined under section 640d-12(b)(2) (!1) of this title.
(b) Reimbursement for moving expenses; payment for replacement
dwelling; limitations
In addition to the payments made pursuant to subsection (a) of
this section, the Commissioner shall:
(1) reimburse each head of a household whose household is
required to relocate pursuant to this subchapter for the actual
reasonable moving expenses of the household as if the household
members were displaced persons under section 202 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (84 Stat. 1894) [42 U.S.C. 4622];
(2) pay to each head of a household whose household is required
to relocate pursuant to this subchapter an amount which, when
added to the fair market value of the habitation and improvements
purchased under subsection (a) of this section, equals the
reasonable cost of a decent, safe, and sanitary replacement
dwelling adequate to accommodate such household: Provided, That
the additional payment authorized by this paragraph (2) shall not
exceed $17,000 for a household of three or less and not more than
$25,000 for a household of four or more, except that the
Commissioner may, after consultation with the Secretary of
Housing and Urban Development, annually increase or decrease such
limitations to reflect changes in housing development and
construction costs, other than costs of land, during the
preceding year: Provided further, That the additional payment
authorized by this subsection shall be made only to a head of a
household required to relocate pursuant to this subchapter who
purchases and occupies such replacement dwelling not later than
the end of the two-year period beginning on the date on which he
receives from the Commissioner final payment for the habitation
and improvements purchased under subsection (a) of this section,
or on the date on which such household moves from such
habitation, whichever is the later date. The payments made
pursuant to this paragraph (2) shall be used only for the purpose
of obtaining decent, safe, and sanitary replacement dwellings
adequate to accommodate the households relocated pursuant to this
subchapter.
(c) Establishment of standards consistent with other laws; payments
to or for any person moving into partitioned area after specified
time
In implementing subsection (b) of this section, the Commissioner
shall establish standards consistent with those established in the
implementation of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 1894) [42
U.S.C. 4601 et seq.]. No payment shall be made pursuant to this
section to or for any person who, later than one year prior to
December 22, 1974, moved into an area partitioned pursuant to
section 640d-7 of this title or section 640d-2 or 640d-3 of this
title to a tribe of which he is not a member.
(d) Methods of payment
The Commissioner shall be responsible for the provision of
housing for each household eligible for payments under this section
in one of the following manners:
(1) Should any head of household apply for and become a
participant or homebuyer in a mutual help housing or other
homeownership opportunity project undertaken under the United
States Housing Act of 1937 (50 Stat. 888) as amended [42 U.S.C.
1437 et seq.], or in any other federally assisted housing program
now or hereafter established, the amounts payable with respect to
such household under paragraph (2) of subsection (b) of this
section and under subsection (a) of this section shall be paid to
the local housing agency or sponsor involved as a voluntary
equity payment and shall be credited against the outstanding
indebtedness or purchase price of the household's home in the
project in a manner which will accelerate to the maximum extent
possible the achievement by that household of debt free
homeownership.
(2) Should any head of household wish to purchase or have
constructed a dwelling which the Commissioner determines is
decent, safe, sanitary, and adequate to accommodate the
household, the amounts payable with respect to such household
under paragraph (2) of subsection (b) of this section and under
subsection (a) of this section shall be paid to such head of
household in connection with such purchase or construction in a
manner which the Commissioner determines will assure the use of
the funds for such purpose.
(3) Should any head of household not make timely arrangements
for relocation housing, or should any head of household elect and
enter into an agreement to have the Commissioner construct or
acquire a home for the household, the Commissioner may use the
amounts payable with respect to such household under paragraph
(2) of subsection (b) of this section and under subsection (a) of
this section for the construction or acquisition (including
enlargement or rehabilitation if necessary) of a home and related
facilities for such household: Provided, That, the Commissioner
may combine the funds for any number of such households into one
or more accounts from which the costs of such construction or
acquisition may be paid on a project basis and the funds in such
account or accounts shall remain available until expended:
Provided further, That the title to each home constructed or
acquired by the Commissioner pursuant to this paragraph shall be
vested in the head of the household for which it was constructed
or acquired upon occupancy by such household, but this shall not
preclude such home being located on land held in trust by the
United States.
(e) Disposal of acquired dwellings and improvements
The Commissioner is authorized to dispose of dwellings and other
improvements acquired or constructed pursuant to this subchapter in
such manner, including resale of such dwellings and improvements to
members of the tribe exercising jurisdiction over the area at
prices no higher than the acquisition or construction costs, as
best effects section 640d-7 of this title and the order of the
District Court pursuant to section 640d-2 or 640d-3 of this title.
(f) Preferential treatment for heads of households of Navajo Tribe
evicted from Hopi Reservation by judicial decision; restriction
Notwithstanding any other provision of law to the contrary, the
Commissioner shall on a preferential basis provide relocation
assistance and relocation housing under subsections (b), (c), and
(d) of this section to the head of each household of members of the
Navajo Tribe who were evicted from the Hopi Indian Reservation as a
consequence of the decision in the case of United States v. Kabinto
(456 F.2d 1087 (1972)): Provided, That such heads of households
have not already received equivalent assistance from Federal
agencies.
(g) Appeals of eligibility determinations
Notwithstanding any other provision of law, appeals from any
eligibility determination of the Relocation Commission,
irrespective of the amount in controversy, shall be brought in the
United States District Court for the District of Arizona.
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