Displacement Plan for CDBG and HOME

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Register / Vol 54. No. 40 / Thursday.M arch 2, 1989 / Rules and Regaled/ins be riate in areas wheremoie homes afire treated as real property under Slate law or where an agency ham the option to consider mobile homes to be either re al property or personal property. However. some State laws consider mtoh la home' to be persona/ p1operty may, and. therefore. they may not be acquired as realty. Subpart Gr --Certification This subpart implements one of the most significant changes added by the 1987 Amendments. Aa such, PHWA has a special interest in its implementation and would appreciate receiving further information on its use and effectiveness Several respondents commented on Subpart G. however no single comment. or group of comments, was sufficiently persuasive to necessitate a change la the proposed text However. one comment on f 24.403, Monitoring and correto need for substantiv revisve action. did draw our ion of zteos(b)- Section 24.802 Cectrfcadan Application Two commenters recommended that certification be made dlract!y the head the Stats agency to the Federal agency providing assistance. rather- thedesState evee , or the governor's not adopt this recommendaliou&T la need for a toned ere is a'defimita point within each State d for the receipt' and screening of certification applications. Consistent with the principles of federallem, the th Office of the Governor, u the Chief Mar th Executive er in any State, is the logical starting point for this process Fe since the governor normally exercises executive authority over the State w agencies that are recipients of Federal nen financial assistance or through which Federal financial assistance is channelled to sub -recipients at the local level. all of whom are sub to the Uniform Act and any of whom could make application for certification approval. The certification process does Sega not alter the existing relationshipbe State -level between load sub -recipients and the pe redptegts of Federal finandal asaIatenc�e. kis expelled that to any certificationlnwi be ii de s State -level t � begettay to of instances the governor's designee. In those or end wi (city, county, etc) it the direcocal trecipient,inclas and there is nes State level ancy geis authorized, to pe'� inchn the certification x .�v;�tiontaould be . made directly to the governor, or the governor's designee. The governor. or a State office or agency designated by the governor. be able to standardise the process develop an expertise in the prones of applications. Further, the governor his or her designee will be more able assess the capabilities of those State agenciea.seeklug to immure Federal agency responeibiiities through the certification process. A focal point of this nature will be particularly advantageous in processing certifications froze a State agency seeking certification approval from than one Federal agency. Two commenters indicated some misunderstanding of the respons e ding agency, It is not intended Feder funding agency endorse an approved application received from the governor or the governor's wee. if the Federal aPWop<iata indicatideficiencies program. State The purpose of the ertifyine ��g agency accept the ' approved application without can independent review is the threefold: first.. theft �a�a the roleige[ In evaluating the State s designee. co It wi@�to current stats of the F funding agency's oversight tilts State agendas; third. unless there are pre- existing appropriate le rsf efdencies, the certification approval neon of the three ts The is e basis for the written assessment of e State capabllitiea to operate er certification ;filch the dent find agency must provide hen the rcation application is emitted to the Federal Lead agency. Section 34.E Monitory and recognition of a possible inconsistency, between the requirements of 1 24, and the assurances required b 24,4 will and sections 210 and 305 of the f_'r,," and Act. Asa consequence, f zd.®03(b) ins �g revised and clarified to provide that if a or State agency certifies. under State law to and regulation, it can and will comply with the provisions of the Uniform Am which would otherwise be covered by the sections 220 and 305 assurances and, .then, fails to comply, the Federal agency should withhold Federal financial assistance in that State agency. prof -tuns, projects, and activities more affected by the Uniform Act diminish certification process does not responsibilities agency's fundamental with the Uni Uniform �� ccebulalt provisions referred iny those and 305 assurances. It islsections.o t the statute. that compliance with pions which are the subject of the asaurances is or paramount importance to the coni! Federal fieancial'asaistance of programs. projects, end activities affected by the Uniform Act. Far example, if Uniform Ad non_ occurred in th ay lose tedprooject connection withhold Federal &sandaal cardse its authority e ain until noing state compli� stancewith the Corrective action One respondent objected to the Lo dal Federal assistance aif of State envy failed to comply with applicable te w and regulation serving at the sill loaf i certification. The respondent rceiyed this to mean that the authority Fedf Federal �aul assistance is thhold approval a available to an agency regardless of the source the finanda; course. is not the assistance. authority the theponsibility thholding of Federal financialregarding t� Lance rests with each Federal and any re deer dit 14 projects, prpgrams. ci comment did, howev d ve to the In order to ensure coordination of information ambmg Federal. oracle'that may have accepted a certification from the same state agencylanguage has been added to ; 24 403 (b) and (c) to require that the lead consulted by the FedWary eral heeling agency before any Federal funds are withheld from a certified state agency or the acceptance of a certification is revoked. Asa A to Part 24—Additimeal The appendix has been modified and augmented toprovtde for better understsndhregulations to r the section, or the which pedalos. Section 21.2(021 been gadded trsons ea displaced �nce od� that some persona may ba temporarily displaced tart amort displaced swung because they have not been permanently Section 24.102(m) Fair rental to response to severe/ comments concerning share -fetes rent, the mmote saieteagenerally, has bean added to the Section at Axed payment for laming expenses--nan- residsettel . P}IWA Au b