Displacement Plan for CDBG and HOME

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Federal Register / Vol. 64, No. 40 / Thursday. March 2, 1989 / Rules and Regulations 8917 assurances to ensure compliance with make seeking a waiver advisable, we do the Uniform Act rather than seek approval of a certification application. A • State agency must provide these assurances, or obtain a certification. as set forth in both the Act and regulation. as a condition of receiving Federal financial assistance. However, in response to a concern of the Department of Agriculture, agencies who acquire under the procedures for voluntary transactions, or persons without the power of eminent domain, will net be required to certify under 'section 305 of the Uniform Act. Any agency that displaces persons will have to provide assurances or be certified for compliance with section 210 of the Act. The purpose for providing exceptions to the real property acquisition procedures in !l 24.101(a) is to make it clear that not all acquisitions are subject to the requirements of Subpart B of this regulation. The section is intended to describe circumstances which would exclude specific acquisitions from the application of the regulation; It is not intended to provide the basis for the exclusion of an entire agency program. Section 24.5 Mariner of Notice Two comments were received an this section. which is unchanged from previous requirements In both the Common and the faterim Final Roles. One comment approved of the requirement and the other comment suggested that the notice to the owner of the Agency's interest in acquiring property described in 1 24.10¢(b) also be personally served or sent by certified or registered first class mail. No change has been made. Section 24.2 Administration of faintly - funded Projects. Two comments were received on this section. whldr b essentially unchanged from previous requirements, except for the addition of the statutory responsibility of the lead agency to designate a cognizant agency in the absence of agreement between Federal agencies. Neither comment addressed this change and no further change has bean made. Section 24.7 Federal Agency Waiver of Regulations Two comments were received which were specifically related to this section. One noted approval of the provisions as written, the second asked for some examples of a proper justification, or some basis upon which to make a decision. This section has already been discussed *general fn connection with comrmetrts on 124.1 BakAn a of lire varlet(ofsl iatkni t r'hlch in 1 " 4• • not believe it practical to provide examples. -Examples have a tendency to be both limiting and. conversely, to serve as unreliable justifications or precedents for expansive interpretations. The primary concern is that the waiver of a non -statutory requirement In the regulation does not reduce any assistance or protection provided to an owner or displaced person under this part. There is little doubt that requirements imposed by the Uniform Act may. necessarily. create some delay and administrative burden. Therefore, It would be inappropriate to grant a waiver based on the general proposition of delay and administrative burden. The Waiver proposal must be specific and it must protect the rights of owners and displaced persons and not be designed to serve some convenience of the requesting agency. The proper implementation of this provision of the regulation requires the exercise of good judgement. with proper concern for displaced persons. Section 24.8 Compliance with Other Lows and Regulations Two comments were received on this section. One said the list of authorities should include a statute which was already included. The second comment suggested the inclusion of Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and fila has been done. • This section was also revised to emphasize that there may be other laws and regulations to be complied within implementing this regulation and the list provided is not necessarily all inclusive. Section 24.9 Recordkeeping and reports Section 24.9(o) Records. Four comments were received on this section. One appreciated the provision for confidentiality of records. Another asked for the "established requirements" for "adequate records." The adequacy of an's records is determined by the ability those records to demonstrate compliance with this regulation regarding the agents acquisition and displacement activities. Two comments were concerned with the 3 -year retention period for records. One suggested an extension to 5 years, the other suggested a period of 3 years after the project is completed. There is nothing to prevent an Agency frog retaining records for a period longer tthraanne3rtyyears after finalpayment tun pleted person. MINA i sasnd.eowuer dtthe regulation to require retention of records for S years or in accordance with applicable regulations of the federal funding agency. Section 24.9(c) Reports. Special consideration and comment was requested on the format and timing of this report. Four comments were favorable to both the format and timing of the report. One comment agreed with the formats but claimed the information was needed on an annual basis. Two comments approved of the timing, but wanted the format changed. The final respondent wanted both the timing and the format altered. With the exception of one suggested format change. to lump all non-residential displacements together. the proposed changes axe dearly related to the specific program requirements of the respondents. As such, it would be inappropriate to address these concerns with revisions to a report intended to serve. with as little burden u possible. as source material for periodic reports to the Congress on the principal activities conducted under the Uniform Act. The report format and timing remain unchanged. - Section 24.10 Appeals Section 24.10(b) Actions which may be appealed Several comments were received an this section. The principal concern was that the appeal process seemed to extend to the question of just compensation. There are well established procedures in place in every State, and in the Federal government. to handle disagreements involving just compensation. These procedures typically begin with the offer of just compensation and conclude. where necessary, with litigation. What is appealable is found in the Uniform Act and the regulation where they refer to the aggrieved person's "application." This refers to the application for the benefits of the Uniform Act. The intent of the Act and the regulation is to requite that there be a procedure for appeals concerning the benefits or eligibility conferred by the Uniform Act This provides an administrative remedy for persons aggrieved by an agency determination as to his or her benefits or eligibility.. Normally this procedure would have to be completed before such person could seek judicial review. Section 2L10(c) Time limit for initiating oppeal. Two commenters suggested extending the tithe limit for initiating an appeal. The responsibility for setting the time limit rests with the Agency subject only to the constraint that Boot be less.thaa 00 days after the person recelvea written notification of