Okla. Stat. tit. 27A, § 27A-2203

municipalities, public entities and schools - Disposition of

property.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 411

A. The Department of Environmental Quality is hereby authorized

to make grants, from monies appropriated for that purpose, to state

beneficiary public trusts serving communities affected by historic

lead and zinc mining and located within the boundaries of federal

Superfund sites; provided, that any trust receiving such a grant

shall accept the following grant conditions:

1. Funds shall be used to assist individuals or married couples

living within the most affected area of the site and who are parents

or legal guardians of children six (6) years of age and younger.

For purposes of the Lead-Impacted Communities Relocation Assistance

Act, "most affected area" shall mean the communities in which lead

poses the greatest threat to children's health and shall include a

reasonable buffer area around such communities. To be eligible for

assistance under this subsection an individual or married couple

shall have both:

a. continually resided in the most affected area of the

site since December 1, 2003, and

b. on December 1, 2003, either been pregnant or had

residing with them a child or children six (6) years

of age and younger;

2. For those eligible for relocation assistance who have rented

their living quarters since December l, 2003, and who can produce a

valid rental contract or other proof of rental arrangement,

assistance shall be in an amount equal to the average cost of twelve

(12) months of rent for comparable housing elsewhere in the county.

The trust shall provide such assistance in periodic payments and not

in a single lump sum. In addition, eligible individuals or married

couples shall receive reimbursement up to One Thousand Dollars

($1,000.00) for payment to a company in the moving business for at

least two (2) years or for reimbursement of actual moving expenses

as demonstrated by receipts. Recipients must agree, prior to

accepting such assistance, that they will not again reside within

one-half (1/2) mile of the most affected area of the site until the

State Commissioner of Health formally determines that the area is

safe for children six (6) years of age and younger;

3. For those individuals and married couples eligible for

relocation assistance who have owned their homes since December l,

2003, the trust shall purchase their homes for an amount equal to

the average cost of comparable housing elsewhere in the county. In

addition, such individuals shall receive reimbursement up to One

Thousand Dollars ($1,000.00) either for payment to a company in the

moving business for at least two (2) years or for reimbursement of

actual moving expenses as demonstrated by receipts. Recipients must

agree, prior to accepting such assistance, that they will not again

reside within one-half (1/2) mile of the most affected area of the

site until the State Commissioner of Health formally determines that

the area is safe for children six (6) years of age and younger;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 412

4. In determining the purchase price of a recipient's home, the

trust shall deduct any amounts received by the recipient in

compensation for damage to the home caused by remedial action on the

property; and

5. Funds shall also be used to assist landlords whose tenants

take advantage of the relocation assistance provided in paragraph 2

of this subsection. Landlords shall be eligible for an amount equal

to twelve (12) months of rent at a monthly rate equal to the average

monthly rent received by the landlord for the vacated unit over the

previous twelve (12) months. Recipients of such assistance must

agree, prior to accepting such assistance, that they will not permit

any family with children six (6) years of age and younger to occupy

any vacated unit until the State Commissioner of Health formally
ve (12) months of rent at a monthly rate equal to the average

monthly rent received by the landlord for the vacated unit over the

previous twelve (12) months. Recipients of such assistance must

agree, prior to accepting such assistance, that they will not permit

any family with children six (6) years of age and younger to occupy

any vacated unit until the State Commissioner of Health formally

determines that the area is safe for children of such an age.

6. The trust shall agree to place a restriction which shall run

with the land on the deeds to all property obtained pursuant to

paragraph 3 of subsection A of this section providing that the

property may not be occupied by children six (6) years of age and

younger until the State Commissioner of Health formally determines

that the area is safe for children of such an age.

B. Beginning June 6, 2006, the Department of Environmental

Quality is authorized to make grants to state beneficiary public

trusts serving communities affected by historic lead and zinc mining

and located within the boundaries of federal Superfund sites;

provided that any trust receiving such a grant shall accept the

following conditions:

1. Funds shall be used to assist those persons owning or

renting property within the area of greatest subsidence risk. For

purposes of the Lead-Impacted Communities Relocation Assistance Act,

"area of greatest subsidence risk" shall mean the communities in

which subsurface lead and zinc mine caverns pose the greatest threat

to public safety and shall include a reasonable buffer area around

such communities;

2. To be eligible for residential assistance under this

subsection, an individual must have continually resided in the area

of greatest subsidence risk since January 31, 2006. For those

eligible for relocation assistance who have rented their living

quarters since January 3l, 2006, and who can produce a valid rental

contract or other proof of rental arrangement, assistance shall be

in an amount equal to the average cost of twelve (12) months of rent

for comparable housing elsewhere in the county. The trust may, in

its discretion, provide such assistance in periodic payments rather

than in a single lump sum. In addition, eligible individuals may

receive up to One Thousand Dollars ($1,000.00) for moving expenses.

Recipients must agree, prior to accepting such assistance, that they

will not again reside within the area of greatest subsidence risk

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 413

until the Secretary of the Environment determines that the area is

safe for habitation;

3. For those individuals eligible for relocation assistance

under this subsection who own their place of residence, the trust

shall purchase such homes for an amount equal to the value of

comparable housing elsewhere in the county. In addition, such

individuals may receive up to One Thousand Dollars ($1,000.00) for

moving expenses. Recipients must agree, prior to accepting such

assistance, that they will not again reside within the area of

greatest subsidence risk until the Office of the Secretary of the

Environment determines that the area is safe for habitation;

4. To be eligible for commercial assistance under this

subsection, an individual or legal entity must have continually

operated in the area of greatest subsidence risk since January 31,

2006. For those eligible for relocation assistance who have rented

their business or nonprofit organization premises continually since

January 3l, 2006, and who can produce a valid rental contract or

other proof of rental arrangement, assistance shall be in an amount

equal to the average cost of twelve (12) months of rent for

comparable premises elsewhere in the county. The trust may, in its

discretion, provide such assistance in periodic payments rather than

in a single lump sum. In addition, such businesses or organizations
anuary 3l, 2006, and who can produce a valid rental contract or

other proof of rental arrangement, assistance shall be in an amount

equal to the average cost of twelve (12) months of rent for

comparable premises elsewhere in the county. The trust may, in its

discretion, provide such assistance in periodic payments rather than

in a single lump sum. In addition, such businesses or organizations

may receive up to Two Thousand Dollars ($2,000.00) for moving

expenses. Recipients must agree, prior to accepting such

assistance, that they will not again operate within the area of

greatest subsidence risk until the Office of the Secretary of the

Environment determines the area is safe for occupation;

5. For those individuals or legal entities eligible for

relocation assistance under this subsection that operate businesses

or nonprofit organizations in structures they own which are located

in the area of greatest subsidence risk, the trust shall purchase

the property for an amount equal to the value of comparable

commercial property elsewhere in the county. In addition, such

businesses or organizations may receive up to Two Thousand Dollars

($2,000.00) for moving expenses. Recipients must agree, prior to

accepting such assistance, that they will not again operate within

the area of greatest subsidence risk until the Office of the

Secretary of the Environment determines the area is safe for

occupation; and

6. All other owners of real property in the area of greatest

subsidence risk may be eligible under this subsection to sell their

property to the trust for an amount equal to the value of comparable

property elsewhere in the county.

C. Where application for relocation assistance is made by one

of multiple owners or lessees of a particular property or rental

unit, the sum of all payments for acquisition of such property shall

not exceed the amount that would have been paid had the property

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 414

belonged to a single owner and the sum of all rental assistance

shall not exceed the amount that would have been paid had the unit

been rented by a single lessee.

D. Participation in the assistance program shall be voluntary.

No person shall be required to relocate under the provisions of the

Lead-Impacted Communities Relocation Assistance Act.

E. In addition to the relocation assistance program described

in subsections A and B of this section, funds granted to the trust

may be used for the following purposes:

1. To provide grants to municipalities, public trusts, or other

public entities operating utility systems located within the most

affected area of the site in order to lessen the debt burden on such

entities as a result of the relocation of families pursuant to the

Lead-Impacted Communities Relocation Assistance Act. The amount of

such grants may be based on the outstanding debt of such entities

and the proportion that the number of persons relocated bears to the

total population of the community served by such entity; and

2. To benefit public school districts, public trusts, and other

public entities located within the most affected area of the site or

area of greatest subsidence risk;

F. Real property acquired by the trust pursuant to the

relocation assistance provisions of the Lead-Impacted Communities

Relocation Assistance Act may be utilized or disposed of in the

manner that the trust determines shall best serve the public

interest. Disposition of these properties shall not be subject to

the requirements of Section 129.4 of Title 74 of the Oklahoma

Statutes, but the disposition and future use of these properties

shall be subject to any land use restrictions recorded pursuant to

state and federal law in the land records of the county in which the

property is located. The trust may transfer real property acquired

under this act to any state or federal entity or other sovereign
the requirements of Section 129.4 of Title 74 of the Oklahoma

Statutes, but the disposition and future use of these properties

shall be subject to any land use restrictions recorded pursuant to

state and federal law in the land records of the county in which the

property is located. The trust may transfer real property acquired

under this act to any state or federal entity or other sovereign

entity consistent with the requirements of Section 15 of Article X

of the Oklahoma Constitution.

G. A trust receiving a grant from the Department of

Environmental Quality shall be authorized to establish appropriate

procedures for eligible residents to apply for the relocation

assistance described in this section; provided, however, that such a

trust must set a deadline requiring eligible residents to submit

their initial application for assistance. The trust is further

authorized to make reasonable use of grant funds for the

administration of the relocation assistance program.

H. In addition to the expenditure of funds according to the

provisions of the Lead-Impacted Communities Relocation Assistance

Act, a trust receiving a grant from the Department of Environmental

Quality, shall be authorized to seek and expend funds from any other

source, whether public or private, to further the purposes of the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 415

trust. The funds granted to a trust by the state shall be

transferred in periodic payments rather than a single lump sum.

I. Prior to determining what constitutes the most affected area

or area of greatest subsidence risk, the trust shall consult with

the Department of Environmental Quality, which shall provide a

recommendation regarding what it believes the boundaries of such an

area should be.

J. Any trust receiving funds under the Lead-Impacted

Communities Relocation Assistance Act shall be subject to the

provisions of the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act.

K. At no time shall a majority of the trustees of a trust

receiving funds under the Lead-Impacted Communities Relocation

Assistance Act be residents of the most affected area or area of

greatest subsidence risk. All trustees shall abstain from

participating in any decision in which they have a direct pecuniary

interest.

L. A trust receiving funds under the Lead-Impacted Communities

Relocation Assistance Act is authorized to purchase property

belonging to a trustee or a member of the trustee's immediate family

provided such purchase meets the requirements of the Lead-Impacted

Communities Relocation Assistance Act, such trustee discloses the

trustee's interest in the transaction, such trustee plays no role in

the discussions or vote approving such purchase and the value of the

purchase is based upon an independent appraiser's determination of

the value of comparable property elsewhere in the county.

M. Any person eligible to receive assistance under the

provisions of the Lead-Impacted Communities Relocation Assistance

Act prior to May 10, 2008, shall remain eligible to receive the same

amount of assistance adjusted for the amount of any private

insurance payments for storm related damage if applicable. Any

property valuation or other type of relocation assistance assessment

made for the purposes of the Lead-Impacted Communities Relocation

Assistance Act shall be based on the value of property as it existed

no earlier than January 31, 2006, and not later than May 10, 2008,

and comparable to property elsewhere in the county. The trust shall

be authorized to enact or amend any of its procedures or deadlines

as necessary to implement the provisions of this subsection.

N. The trust shall establish priorities among those seeking

assistance, making certain that those at the greatest risk for loss

of life and property receive the highest priority. All assistance

programs shall be contingent upon the availability of funds.