42 U.S.C. § 4601 : US Code - Section 4601: Definitions

Search 42 U.S.C. § 4601 : US Code - Section 4601: Definitions

As used in this chapter -
(1) The term "Federal agency" means any department, agency, or
instrumentality in the executive branch of the Government, any
wholly owned Government corporation, the Architect of the Capitol,
the Federal Reserve banks and branches thereof, and any person who
has the authority to acquire property by eminent domain under
Federal law.
(2) The term "State" means any of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, any territory or possession of the United States, the Trust
Territory of the Pacific Islands, and any political subdivision
thereof.
(3) The term "State agency" means any department, agency, or
instrumentality of a State or of a political subdivision of a
State, any department, agency, or instrumentality of 2 or more
States or of 2 or more political subdivisions of a State or States,
and any person who has the authority to acquire property by eminent
domain under State law.
(4) The term "Federal financial assistance" means a grant, loan,
or contribution provided by the United States, except any Federal
guarantee or insurance, any interest reduction payment to an
individual in connection with the purchase and occupancy of a
residence by that individual, and any annual payment or capital
loan to the District of Columbia.
(5) The term "person" means any individual, partnership,
corporation, or association.
(6)(A) The term "displaced person" means, except as provided in
subparagraph (B) -
(i) any person who moves from real property, or moves his
personal property from real property -
(I) as a direct result of a written notice of intent to
acquire or the acquisition of such real property in whole or in
part for a program or project undertaken by a Federal agency or
with Federal financial assistance; or
(II) on which such person is a residential tenant or conducts
a small business, a farm operation, or a business defined in
paragraph (7)(D), as a direct result of rehabilitation,
demolition, or such other displacing activity as the lead
agency may prescribe, under a program or project undertaken by
a Federal agency or with Federal financial assistance in any
case in which the head of the displacing agency determines that
such displacement is permanent; and
(ii) solely for the purposes of sections 4622(a) and (b) and
4625 of this title, any person who moves from real property, or
moves his personal property from real property -
(I) as a direct result of a written notice of intent to
acquire or the acquisition of other real property, in whole or
in part, on which such person conducts a business or farm
operation, for a program or project undertaken by a Federal
agency or with Federal financial assistance; or
(II) as a direct result of rehabilitation, demolition, or
such other displacing activity as the lead agency may
prescribe, of other real property on which such person conducts
a business or a farm operation, under a program or project
undertaken by a Federal agency or with Federal financial
assistance where the head of the displacing agency determines
that such displacement is permanent.
(B) The term "displaced person" does not include -
(i) a person who has been determined, according to criteria
established by the head of the lead agency, to be either in
unlawful occupancy of the displacement dwelling or to have
occupied such dwelling for the purpose of obtaining assistance
under this chapter;
(ii) in any case in which the displacing agency acquires
property for a program or project, any person (other than a
person who was an occupant of such property at the time it was
acquired) who occupies such property on a rental basis for a
short term or a period subject to termination when the property
is needed for the program or project.
(7) The term "business" means any lawful activity, excepting a
farm operation, conducted primarily -
(A) for the purchase, sale, lease and rental of personal and
real property, and for the manufacture, processing, or marketing
of products, commodities, or any other personal property;
(B) for the sale of services to the public;
(C) by a nonprofit organization; or
(D) solely for the purposes of section 4622 of this title, for
assisting in the purchase, sale, resale, manufacture, processing,
or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor
advertising display or displays, whether or not such display or
displays are located on the premises on which any of the above
activities are conducted.
(8) The term "farm operation" means any activity conducted solely
or primarily for the production of one or more agricultural
products or commodities, including timber, for sale or home use,
and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to the
operator's support.
(9) The term "mortgage" means such classes of liens as are
commonly given to secure advances on, or the unpaid purchase price
of, real property, under the laws of the State in which the real
property is located, together with the credit instruments, if any,
secured thereby.
(10) The term "comparable replacement dwelling" means any
dwelling that is (A) decent, safe, and sanitary; (B) adequate in
size to accommodate the occupants; (C) within the financial means
of the displaced person; (D) functionally equivalent; (E) in an
area not subject to unreasonable adverse environmental conditions;
and (F) in a location generally not less desirable than the
location of the displaced person's dwelling with respect to public
utilities, facilities, services, and the displaced person's place
of employment.
(11) The term "displacing agency" means any Federal agency
carrying out a program or project, and any State, State agency, or
person carrying out a program or project with Federal financial
assistance, which causes a person to be a displaced person.
(12) The term "lead agency" means the Department of
Transportation.
(13) The term "appraisal" means a written statement independently
and impartially prepared by a qualified appraiser setting forth an
opinion of defined value of an adequately described property as of
a specific date, supported by the presentation and analysis of
relevant market information.