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Federal Iasi the Agency's determination regarding the person's a ter / VoL 54, No.40 / Thursday, March 2 1989 / Rules and ,Regulations pp cation or claim. Section ztro(h) Agency official to review appeal. Several comments were received about agency appeal processes. the levels of review, and the official conducting the review. whether from the m agency or another appropriate hearing c officer. S The appeal process fa an entirely a internal process of an agency. The decisions by the agency about the process must only conform to these regulations and whatever other th administrative rules which the agency must fo{Iow. However, u stated in the " rule, mender must advise the person of a his or her right to seek judicial review after the administrative heating the pure is exhausted. FHWA considered the comments. e electeda to retain 12,4.10 as this written. b Subpart B --Real Property Acquisition Ad pro federally -assisted projects, is applicability "to thegreotest ext practicable under State law" (em supplied). which is the same wo that found in section 305(e) of the Uniform Act. FHWA interprets this can an agency mast comply If ompliance is legally possible and tate law. This should be taken in ccount in an agency's assurances ursuant to 24.4(a). Utility companies as acquiring ggenciea..When the Congress am e Uniform Act, 1t changed the delnitioa of "State agency" to inn any person who has the authority squire property by eminent dam under State law." Utility compantea moat common example of non - =mental entitled which are gran minent domain authority. The eff was, for the first time, ring utility comp/flea under Unit, ent phasic Ming as to er to n ended C ude to to P ain are ted i act of me to rm heliar defined at 24.2(1). If Federal involvement is solely the guarantee arantee of t loan from non -Federal sources, for example. the Uniform Act Is not applicable. If an individual acquisition glee as a voluntary transaction under 124.101(aj(i), Subpart B requirements do not apply. This may he important for on-site specific acquisitions. It was elated in a comment that a ondition of membership in a cooperative may include an obligation revisionbute power line rights-of-way. ,, y,, been added in 24.104a)(g) to provide that Subpart 8 requirements do not apply if the contribution of reel perly to a al Section 24101 Applicability of Acquisition Requirements or Section 24.101(0). 'There were a large re of comments on this recti �° through their asaocfations, cooperati coverage for certain et their jests. made by a member to the requirements of atemberahip agreements, contracts or bylaws. FHWA es that such cases, where members of cooperatives have agreed to as vide real property to the cooperative by interest of the members. are likelier common untieY transactions rather than to ver. tion. or federally funded 3. This regulation lace the State eminent domain law and r operate. ActReellyrBoth section 30S of the uniform dear that the ) of this part maim It uisition ant policies in lith ID Actroperty andSubpart B of this part era applicable "to the greatest extent ctica6�a Sixteen comments were submitted on behalf of utility nles. y I s of Individual entities number on which addresses the applicability of necessary to advance the co presenting e views an concerns of vol Subpart 8 and Title III of the Uniform Cct. Most of the crtmmen areers with limited scopet ed a ofrural and law tea. Almost all of these lithe sible � cooperatives that may Federal the RUM! Electrification stance dAmiinlstratfoe (REA) In the Departm This section of griculture � preamble is ted to the comments and concerns of those entities. FHWA believes that Nance with the Uniform Ad and e regulations will not be as ome as some of the comment it to be. In addition, as sed further below. one suggeati ting from coverage certain actions between cooperatives members, has been adopted. 1 wing are the to the comments, with tian FHWA he rule should be amended so ft not_ apply to electric cooperati 7 FHWA does not have author' empt any entity or group of entities compliance. However. as described detail later. the regulations intend ro„ vide much latitude and be on shed. particular objective appearthat all of our m�cqulsllions are covered by Rep . 'There are certain candid net be present before a utility Inert m� with Subpart I! Wrennd. kaportandy.financial a �� .��. es u application. and several requested that i Athe ppendix enndix A untary transaction triterla fogad A interim final rule be included. FHWA ber �� 1987 A FHWA has substantially revised this of section based on the comment*. Voluntary transaction criteria hart b devo included, and a provision has been added exempting from coverage certain comp - les real co cooperatives and their member& The perce presence of Federal financial assistance dblire is the basic determinant for applicability, with exceptions provided stamp for those acquisitions Nsted'intrans § 24.101(a)(1)•.(4), their Eminent domain authority is nota raiseFod determining factor by itself, although reply. any acquisition made under the threat of 1. eminent donteln is cleanly subject to would Subpart B requirements because such an Rep acquisition cannot be a voluntary 1 transaction. from Essential to the voluntary transaction in some process is the requirement that the in owner must be informed In snideg that the property will not be acquired odes may amicable agreement can be reached. L It would ars on. and issues vas. ty However, even though ,W acquisition projects ��tion, agencies as a may choose ep fallow theSSubpart 13 3e ss. m Re -"lye Sectriaa 2&Wt (n.1 an Certaint se clarifications have b.�.�...d._ these company sections. The M le.. g ci. mum be State law". This means at while er compliance ce is requfr+ed Mit is not by State law, these provisions do not supersede or overrule any State law regnta. Accordingly. utility companies must continuwith the requirements comply State ch law. Section 24. is part domain scft addressee the assurancess that must be submitted compliance one time action) b the Federal asencypy a one- thee assistanc& Section of exceptions to Subpart B matter fc ns because of provisions of Slaw A utility company may wish to contact the highway icy in its State for assistance in preparing its assurances is thou situation' where the same State eminent domain taw apples to both the higbwa, agency sad the company. The State highway should know whether the ureases because of Stab law. to be unthustend e to en epi report jj and ambit** old Wormed= listed utility Meng' ass gm red 4.W