County of Hawai'i Displacement Plan

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IP 892 Federal / Vol. 54, No. "�® 40 / Thursday, March Z 1989 / Rules and R It 1 x4.e Administration of jointly-funded Regulations peak ProNcta. (i)Executive Order 11246-`Equal ' Whenever two or more Federal Employment Opportunity. (c)Time limit fa initiating 4if)Executive Order 11 The Agencyperson may set a reripe L e agencies financial assistance to Business Enterprise. 11825--Minority limit for a to Me an a an Agency provide Agencies,other than time limit shall not be less than eo The Fn a ,or cout functionally a (k)Executive Orders 11988.Floodplain after the person receives 1 Fr geographically activities Management,and 11990,Protection of notificationdays which will result in the relatedaactivities of wetlands. of the thepensAgency's property l or the displacement of a 12250—Leadership determination to a e p (I)Executive Order 1person's claim, person.the Federal agencies may by and Coordination of Non-DiacrinHnation hasdaR�ht to representation.esentolr.A person agreement Federal one such agency as �ws' right to be represented by legal the cognizant designate agency. (m)Executive Order 12259, coconnect or other representativeis hrppin unlikely event that g cy.In the Leadership and Coordination of Fair solelyat the his or her a agreement amst�:,gg Housing Federal person's own expense.but Agencies cannot be reached as tom whng the Programs. Peuae. • agency shall be the cognisant Federal (a)Executive Order 12830 (e)Review of files fry hall pe err making agency,then lead agency shall Governmental Actions and Interference DPP The Agency than permit a r ageteens the such agencies s to with Constitutionally Protected person to inspect and copype all xmct prfala the cognizant role.Ate Rlghtl• ertY pertinent to Iris or her appear.except assume agreement shall set forthmaterials which are classified as Hie federally assisted activities which f 24.* and - confidential by the Agency.The Agency are subject to its terms and cite any (a)Records.The Agency shall may,however.imposem reasonable and procedures,in addition nto maintain adequateinspect,co as the acquisition and displacementrecords of its person's right to n this ,that areoapplicable to the activities � 'consistent withf applicable laws. this lies the applicable Under in sufficient detail to demonstrate scopeof reviewthe of appeal.shall the activities undernthe cognizant agreement _compliance with this part.These records deciding an appeal, Agency n agr shall tether that the Project Federal is sb be retained for at least 3 years meat edd by the person. agency sea with the hat ions of the after�owner of a property and each other yl submitted the pn that compliance Act and this ort.Allof the person displaced thane the and all d toor n urable information that Uniform Act a les underfederally receives the final property U seeded ensure a fair and full rims be deemed a unprder for the or she is entitled under�t to which he review of the ePP�. the agreement Purposes of this part, accordance with the applicable or in (Bl Determination and notification !i KT e,oftFederalregulation,of the Federal funding after appeal.Promptly aftereceipt of all agencyregulations. wafter of agency,whichever is later. information susupport of an bmitted by a in The Federal agency fundingthe maintained by an yrY Records makewritten determination the on ft Project may waiveany requirement in with this part are confidentialn accordance san explanationof the this part not`squired law if it their use as public Information,regarding baail,sis o on which a decision was as made, determines that the waiver does not applicable law provides ue the reduce any assistance or `orectics (c) otherwise. relief Peron a copy.If the full p Reports.The Agency shall submit requested d i not the personeso.the provided to an owner or displaced a report of its teal property acquisition Agency shall advise d of his or person under this part.Any request for a and 61011cemeat entleides under dile her engirt Agencyto seek judicial review. waiver shall 6e justified on a case-by- part if aired by the Federal agency ro] case basis. firs official to review appeaL the required e Project.A report will not be The y of they officialappeshall betieg the i 2��with other laws and oras re fneqiformuentl than ever),3 mew heappeal shall oreither the hued rioere Agency or owv her The implementation of this unless the Federal funding agency ca, authorized shall not have However, the be bi emen other part must shows good cause.The report shall be official not have apps directly be inrccomplianceand with other applicable prepared and submitted in the format Involved in the action appealed. regulations.lawsas,faciaing contained in Appendix B of thispart. the following 'but not limited to, 4 24,10 Subpart 19—Raaf Property Acquisition (a)Section Y of the Civil {i 24.101 ApplicabilityMica 1888(42tionI f 82the el a Rights Act of (a)Genera/.The Agency shall of (b)Title U.S.C.of the etve.il ). promptly review appeals in accordance Rights Act of with the by(a)Crt apply The re ac acquisition is of efs 1964(42 U.S.C.2000d et seq.], and this p requirements of applicable law subpart apply to any of real art ( )Title VW of the Civil Rights Act of (b)Actions which maybea property for a Federal program or 1988(42 U.S.C.3801 et req.),as Anyppealed project,and to programs and amended. enslaved person may file a written where there is Federal financial projects (d)The National Environmentalappeal with the Agencyin any case is aulatance Act National nal.S.0 4321 at Policy which the person heves that the In any pan of Project costs (a)of09(42 of theRehabilitation21se. Agency has failed to properly consider Act of Section1973 5 4 of t X90 el seq.). (1)oVoluntary transactions that meet the person's application for assistance all of the following conditions: 4] under this part Such assistance may (f)The Flood Disaster Protection Act include,but is not limited to,the i)No aired, siteo g of 1973(Pub.L99-234. property seeds (g]The Age Discrimination Act of person's eligibility for,or the amount of, may acquired.although the Agency lige s 1975(42 U.S.C. isc et s payment required under 12{.10e or limit it search for alternative sites Ih)Executive Order 1eq.), q� required nn�t tion payment to a Aggeency wishes geographic purchase area.Where than an Part The Agency ��wl�e1I° more Opportunitynd Housing,as amended shall consider a written appeal fire t ephitreated - area an this regardless ofform, bass,ail owners are W lis similarly I. 1