County of Hawai'i Displacement Plan

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°r Federal Register / Vol. M, No. 40 / Thursday. March 2, 1989 I Rules and Regulations 8917 assurances to ensure compliance with make seeking a waiver advisable,we do require retention of records for 3 years the Uniform Act rather than seek not believe it practical to provide or in accordance with applicable approval of a certification application.A examples.Examples have a tendency to regulations of the federal funding ' State agency must provide these be both limiting and.conversely,to agency. assurances,or obtain a certification.as serve as unreliable justifications or Section 24.9(c) Reports.Special set forth in both the Act and regulation. precedents for expansive consideration and comment was 4 as a condition of receiving Federal interpretations. requested on the format and timing of * financial assistance. The primary concern is that the this report.Four comments were However,in response to a concern of waiver of a non-statutory requirement in favorable to both the format and timing . the Department of Agriculture,agencies the regulation does not reduce any of the report.One comment agreed with who acquire under the procedures for assistance or protection provided to an the formats but claimed the information • voluntary transactions,or persons owner or displaced person under this was needed on an annual basis.Two • without the power of eminent domain, part.There is little doubt that comments approved of the timing,but k will not be required to certify under requirements imposed by the Uniform wanted the format changed.The final section 305 of the Uniform Act Any Act may,necessarily.create some delay respondent wanted both the timing and agency that displaces persons will have and administrative burden.Therefore.It the format altered.With the exception of to provide assurances or be certified for would be inappropriate to grant a one suggested format change.to lump all compliance with section 210 of the Act waiver based on the general proposition non-residential displacement'together. The purpose for providing exceptions of delay and administrative burden.The the proposed changes are dearly related to the real property acquisition Waiver proposal must be specific and it to the specific program requirements of procedures in 124.101(a)is to make it must protect the rights of owners and the respondents.As such,it would be clear that not all acquisitions are subject displaced persons and not be designed inappropriate to address these concerns to the requirements of Subpart B of this to serve some convenience of the with revisions to a report intended to regulation.The section is intended to requesting agency. serve,with as little burden as possible, describe circumstances which would The proper implementation of this as source material for periodic reports to exclude specific acquisitions from the provision of the regulation requires the the Congress on the principal activities application of the regulation;It is not exercise of good judgement with proper conducted under the Uniform Act.The intended to provide the basis for the concern for displaced persons. report format and timing remain exclusion of an entire agency Program. Section 24.8 Compliance with Other unchanged. - Section 24.5 Manner of Notice Laws and Regulations Section 24.10 Appeals Two comments were received an this Two comments were received on this Section 2L1ab) Actions which may section.which Is unchanged from section.One said the list of authorities be appealed. 0b) commews were previous requirements is both the should include a statute which was received Several s cosection,The is were Common and the interim Final Rules. already included.The second comment concern was that the appeal process One comment approved of the suggested the inclusion of Executive seemed to extend to thequestionof just requirement and the other comment Order 12630,Governmental Actions and suggested that the notice to the owner of Interference with Constitutionally compensation.There are well the Agency's interest in acquiring Protected Property Rights,and this has established procedures in place in every property described in 1 24.102(b)also be been done. • State,and in the Federal government,to personally served or sent by certified or This section was also revised to handle disagreements involving just registered first class mail.No change emphasize that there may be other laws compensation.These procedures has been made. and regulations to be complied within typically begin with the offer of just Section 24.Q Administration o cin implementing this regulation and the list compensation and conclude.where f I �'' provided is not necessarily all inclusive. necessary,with litigation. funded Projects. What is appealable is found in the Two comments were received on this On 24'9 Rec°rdkeepOiB and Uniform Act and the regulation where section.whldi is essentially unchanged ep°r they refer to the aggrieved person's from previous requirements,except for Section 24.9(o) Records.Four "application."This refers to the the addition of the statutory comments were received on this section. application for the benefits of the responsibility of the lead agency to One appreciated the provision for Uniform Act.The intent of the Act and designate a cognizant agency in the confidentiality of records.Another the regulation is to require that there be absence of agreement between Federal asked for the"established a procedure for appeals concerning the agencies.Neither comment addressed requirements"for"adequate records." benefits or eligibility conferred by the this change and no further change has The adequacy of an 'a records Is Uniform Act This provides an been made. determined by the ab�f those administrative remedy for persons Section 24.7 Federal Agency Waiver of records to demonstrate compliance with aggrieved by an agency determination Section ions this rerdation regarding the agents as to his or tier benefits or eligibility. acquisition and displacement activities. Normally this procedure would have to Two comments were received which Two comments were concerned with the be completed before such parson could were specifically related to this section. 3-year retention period for records.One seek judicial review. One noted approval of the provisions as suggested an extension to 5 years. the Section 2L10(c) Time limit for written,the second asked for some other suggested a period of 3 years after initiating appeal.Two commenters examples of a proper justification,or the project is completed.There is suggested extending the tithe limit for some basis upon which to make a nothing to prevent an Agency from initiating an appeal.The responsibility decision.This section has already been retaining records for a period longer for setting the time limit rests with the discussed In general In connection with than 3 years after final payment to,a Agency subject only to the constraint comments on I 24.1.71aAnie of the property ora&or displaced pence. that it pot be less.then 00 days after the gra atvarietR of si i itki t 1dch limy MINA ties amended the regulation to person redelves written notification of r