County of Hawai'i Displacement Plan

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• X916 Federal Register / Vol. 54, No. 40 / Thursday, March 2 19130 / Rules and Regulations Program.For the bulk of the acquisition threshold was solicited and the �— on Federal,or federally assisted responses ranged from one Section 24.4 Assurances monitoring programs,projects,or activities,the and corrective action proposed definition is sufficient.We recommending a change to a dollarvolume criterion;two recommen Section Ufa) Assurances. Six i i have added a definition of Notice of �20 cn have to acquire notice of Notice employees;three recommending 50 comments were received on this section. for relocation assistance,at I 24.2(o).eligibility employees;four recommending 100 One comment about the procedures for which should help!o clarify the meaning employees;one recommending 250;one monia—pprotoring local public agendas of initiation of negotiations and its respondent recommended the threshold conducting highwayi er d ighwamoreand the relatiUnifoonship Act.The two controlling paints available to any and all businesses;two Fhmmen pr were concerneds.Two in this set of oircumatancet are the indicated concern,but had no threshold commenters were about the action or actionsc of the agency and the number,and ten indicated agreement effect of the regulatory language on their cur action of the displaced person.There the 500 employee threshold, rent Procedures and practices.One must be a clear,legitimate and i'iiWA's use of a 500 employee agency also referenceasked that the requirement reasonable causal connection between threshold fora small business is in for a which te Agency li any State the two.For example,a tenant mating accordance with the Small Business an law exception the Agency bef1 or 302 ofides on the basis of having learned his Administration's current definition of Uniform a tict tb sdelete a dr i rias landlord bad applied far a rehabilitation small businesses.Since thece. lead agency nrequest and in its loan would not establish the tenant's the definition is to facilitatethe purpose of State.the y peach eligibility for benefits. State Attorney General to provide as Section for j Lead The application of the small business opinion as to exceptions permissible definition of'lead agency"adT inserted criterion to the eligibility requirements under State law.This would.then.be at this point is the genc "was in for business re-establishment payments. provided to each State agency; i, Preamble in h definitions. sion red s theto the definition remains unchanged except presumably by the lead followingoe new section numbers for the for the addition of the requirement that We believe the section on Assurances definition is question, there must be at least one employee at reflects the latent of sections 210 and Section In question. Nonprofit rias affected site. Act205 of the Unifotm provides • organization.The a was revisedtion 242(yf Unlawful occupancy, reasonable uniformity for all Federal to recognize that a non-profit The definition of"unlawful occupancy" agencies should not impose any oiganisatior must,in a dei ition to having has been changed slightly to clarify its want er Hmensuming harden en tax-exempt status under the Internal applicability.One commenter mentioned those •co •aged with respect to the Revenue Code.be appropriately that local custom.type°f'tenancy sari a eit er theted a State agency's assurances, incorporated under the laws of a State type of facilityr corse dictates different Neither Uniform Act nor this practices in terms of dealing with ��:dictates the length(senteaae: wa non-profit Set ion 24.2(o)SNod'ais ofintent to unlawful oa:npaalr.This has been repro)of a State agency's acquire or notice of eligibility for addressed in the modified language.The that a rices,The Uniform Act requires und relocation assistance.This added main point of the other substantive that a=�8 "es that a rant definition was discussed under 242(k). comments received on this defiaitlonbe regulation requires that assurances 1 pare eeof a toblish notice of this dosture la actually dealt with the retationshlp of "appropriate,"and Ina or displacing to clearly erelocation a di b displaced daperson's this provision to 124.200 Eviction for with aqui i 210 acct 30ti,per displacing for re oc be understood that, cause.As these two provisions deal y fundingaautwench re to mines that theHowever, should such a notice os not with basic eligibility issues,displacing �asn otestY determines that absence person suagencies should beespeciallyoassurances meet these requirements. relocationdeprivethe benefits.of el Federyl funding the interrelationship.Isponse aware agencies ace it V likely that some State agency.within its own program or comments,changes have been made Ian could provide operate ander statutes project requirements,should develop a the eviction for cause provision which is exceptions not available to other State procedure for the timely delivery of such discussed below at 124.206.While the agencies,we believe it necessary for the notices to persons to be displaced, intent of this provision G to generally individual State including those affected by activities proscribe certain types of occupants, agencies,on their which undertaken prior to the commitment of suds as squatters.from eligibility for pprovid to identify any State law which Federal financial assistance to the relocation tY sectio 3 t1.or with the ex Uniform to activity. paYmaata.displacing section 3tri or 302 of Act. Section 242(p) agencies are permitted some discretion One commenter may have Pmgrtaars or prefects where specific circumstances may misunderstood the relationship between In response to comments from two w�t a that the Federal agencies the definition of �� occupancy� the assurances and Subpart G; "project"has been eed€ of - Certification.as well as the nature of the jest" as ofreviand Because y were on 2�xj utility posts.There assurances.';'he assurances should not multiplicitytheiuprogry of and Federal ,a singleeight comments on this paragraph, be viewed as an alternative to assiste on must five recommended the addition of the cation.If anything.It is the other definition Each Federalnecessarily be exncy tremely cost of trash removal to utility costs. way around and.even then,the continue to have responsibility for Due to the wide variance In local certification must address the identifying its programs and projects practices for trash removal ranging from rogered ots of the aaifnrm Ad that ere by the Uniform Act. "haul your own"to free government covered by the assurances if the Section covered �bush A services,PHWA has not modified the State agaac'Intends to number of respondealm courted on definition of utility costs.All costs sow assume bilines.The the definition Warman briefness'." included are generally aimed by and It I ,Gas�er�ora.hedamental Specific comment on!be y public and it le aatidpated'thatmost Stets a,B will initially.p ... .