§ 640d-14. — Relocation housing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC640d-14]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 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.
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\1\ See References in Text note below.
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(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.
(Pub. L. 93-531, Sec. 15, Dec. 22, 1974, 88 Stat. 1719; Pub. L. 96-305,
Sec. 7, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Secs. 4(b), 10,
Nov. 16, 1988, 102 Stat. 3930, 3934.)
References in Text
Section 640d-12 of this title, referred to in subsec. (a), was
amended generally by Pub. L. 100-666, Sec. 4(d), Nov. 16, 1988, 102
Stat. 3931, and as so amended, section 640d-12(b)(2) does not relate to
fair market value of habitations and improvements. Provisions formerly
contained in section 640d-12(b)(2) are covered in section 640d-12(b)(3).
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (84 Stat. 1894), referred to in subsec. (c), is
Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is
classified generally to chapter 61 (Sec. 4601 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4601 of Title 42
and Tables.
The United States Housing Act of 1937, referred to in subsec.
(d)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is
classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 1437 of Title 42 and Tables.
Amendments
1988--Subsecs. (a) to (f). Pub. L. 100-666, Sec. 4(b), substituted
``Commissioner'' for ``Commission'' wherever appearing.
Subsec. (g). Pub. L. 100-666, Sec. 10, added subsec. (g).
1980--Subsec. (f). Pub. L. 96-305 added subsec. (f).
Section Referred to in Other Sections
This section is referred to in sections 640d-13, 640d-22, 640d-24,
640d-28 of this title.
