County of Hawai'i Displacement Plan

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` 8 Federal Register / Val. 54, Na. 40 J Thursday, Manch • 1989 / Rules and Regulations - 1 the Agency's determination .1 the person's application or claim. federet .a,5,projects,V applicabilitydefined at ?.4 z Section application "to thegreotest extentinvolvement •If Federal • review appeal. Agency official to practicable under State law" em loanfrom non-Federal-solely the ices,for of Several comments were (emphasis loan s i received about agency appeal processes, thatsupplied), !which la the same wordingsources,for 0 Ito the levels of review, ppsection 905 a example,the Uniform Act 4 not and the official Uniform Act ( )of the applicable. il! conductinglsthe and whether from the mean an agency��A interprets this to If an Individual a ` F oafficer.or another appropriate bearing compliancis legally must comply If as a voluntary acquisition qualifies eg y possible under transaction under The appeal process fa an entirelyState law.This should be taken into i M•101( Subpart B internal account in an agency's assurances do not apply.This mayb requirements tf process of an agency.The pursuant to 1 24.4(a). non-site important for r decisions by the agency about the specific acquisitions. process must only conform to these Utility companies as acquiring It was elated in a co regulations and whatever otheroagencies.—When the condition of comment that a the Uniform Act,It Cargrese amended membership in a ` administrative rules which the definition of"Staff changed the cooperative may include as obligation rule,menden must the �` son who has the authority to Provision hes been adder In L way his or her rightsto advise person of acquire property by eminent domain 124.101(a)(2)to aftero a administrative seek hearing review Un State law."Utility companies are d donet�0�that SubpartB �rawted, oat common example non- trlbution of real amply if the Having considered the gouanmentai entities which are granted cooperative is made by a��,to FiIWA has el comureata eminent domain authority.The effect of meet the act to retain 24.10 as this changewas,for thereq meat of membership written. first tfnse,to egroameAts,contracts or bylaws.FHWA Subpart B--Real p bring utility companies under Uniform believes that such cases,where Ply Aaquiaftion Act coverage for certain of their members of cooperatives have agreed to Z!t01 pro jells' Section�u24 Applicability of Sixteen comments Were submitted as necessaryvide ewe!�a`0 cooperative Requirements or en behalf of utility es. to advance the common Section Z!r0r(oJ. a n'�eetLrg the viewsMerest of the members.are similar to number n comments Thereon were section many h+mdneds of individual concerns of voluntary transactionsl or farather than to which addresses the applicability of their asaodations, perativea, acquisition. or federilll funded Subpart B and Title III of the Uniform and laws Almost all of these Act.Most of the comments expressed a concern the possibleImps the Smote regulation appears to useless COMMith limited scope of �B of these regolatiana upon which we op �,domsta law ander conoen on,and severalrequested that rural cooperatives that may s Appendixin A criteria found reoet�Federalfinancial assistance d='Both serer�5 of the Uniform a. f om die Rare!Electrification Act and; ii1(c)of tics part make It A interim final rule be included. u, Administration ) dear that the real property 1?HWA has substantially revised this cultnra(USDA).In the Department policies in me Act based on the eommeato. section of the preamble is Subpart B of this part are applicable"to section devoted to the comments and concerns the greatest extent ctt t w under Voluntary transaction criteria have been of those totitfes.FHWA believes that e included.and a actio orion has been State laver'.Thla added exempting coverage certain compliance with the Uniform Act and COm anco i+1e9 +ad fit Ie sot real iransa from co crag re these regulations will not be as prohibited by State law,these cooperatives propertyand their ns betweene dome as some of the commenters Previsions do not requiremecedents.or overrule of Federal Fir mem resistance perceive it to be.In addition,as Cc State law r lity companies is presencethe basic determinant financial for discussed further below,one suggestion, Accordingly.utility withtpheies must applicability,with exceptions provided exempting from coverage certain continue to eompfy the for those acquisitions exceptions tsansactlons between cooperatives and requirements of State eminent domain f 24.101(x)(1}.(4), their members,has been adopted. law.Section 24.4(x)of this Eminent domain authority is not a Following are the substantive Issues addressee the ! art determining factor au horst; sraised in the comments,with an PHWA that must be submit s a envy of compliancene any acquisition madey under the although reply. tie action)a the Federales e a one- determining domain is threat of he rule should be amended so ft providin8 mal Subpart B clearly subject to would not a_ pply to electric ca a8 B Baa requirements because such an a Guth iity exceptions tt(c)addresaea the matter of acquisition cannot be a voluntary � ly' A does not have authority excaptiaas to Subpart B provisions t transactionhoexempt any entity or group of entities because of provisions of State law. r Essential to the voluntary transaction an1e•Harr►ever.ns described A utility company a wish to process hr some detail lat r,the is the requirement that the re8alafonassi the ce In Fre aria its its State owner must be intentionally provide much latitude and for assistance hi the property i not ba ec9�dng that may =a particular objective assurances in those on"where the amicable agreement can be reached. 2.Y would appear that all of our to botheminent Slats domain law app$ss However,even though an ecgaldtiorr Hoy be e,even as avoluntaryacgtd project,and acqulsftions are covered by Utility highway T and they may et ex aged sa mchoose tothe fin. company.The State highway fallow the Subpart g Re There are certain conditions � �d know dEn ever dthe Process. that must be0e°aafence seed to ba Sact�iorr KW:(fiJaad[c�Certain __ present before a utility gmtlif)ed because of Slate law. clarifications have been made In thew requirements.Maul with Subpart>! t Wes d 1 { port aecIions,The change Inc fid. must be P financial r as I than d atthe an l sated !Anna=Hated