Displacement Plan for CDBG and HOME

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Federal Register / Vol. 54, No. 40 / Thursday, March 2 1989 / Rules and Regulatlona An Interest in a cooperative project which includes the tight to spy s durellinF or is) A contract to purchase any of the tercets or estates described in paragraphs (p) (1) our (2) of this section. or Any other interest. including a partial interest. which in the judgment of he Agency warrants consideration as ownership. . (q) Person. The term "person" means any individual. family, partnership. corporation. or association. 01 Program or project. The phrase program or project" means any activity or series of activities undertaken by a Federal agency or with Federal financial assistance received or anticipated in any phase of an undertaking in accordance with the Federal funding agency guidelines. (s) Salvage vuhre. The term "salvage value" means the probable sale price of an item. ff offered for sale on the coadhion that it will be removed from the property at the buyer's expense. allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which tt is adaptable and capable of being used, including separate use of serviceable components and scrap when there is no reasonable prospect aside except an that basis. t) Small bovines,. A business be ring at kast one, but not more than 500 employees working at the elle being acquired or displaced by a program or project. (u) State. Any of the several States of the United States or the District of Columbia. the Commonwealth of Puerto Rico. any territory or possession of the United States, the TrustTerrttorfes of the Pacific Islands or a political subdivision of any of these jurisdictions. (v) Tenant The term "tenant" means a person who has tbetemporary nee and occupancy of real property owned by another. (w) Uneconomic remnant The term "urrecononrfc remnant" means a parcel of real property in which the awner is left with an interest after the partial acquisition of the owner's property. and which the acquiring agency has determined hu little or no vain or utility to the owner. (x) Uniform Act: The term "Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 184 Stat. l89k 42 U.S.C. Om et seq.; Pub. 1. Ot- 64* end amendments thereto. (y) Unlawful occupomx A person a considered to be in unlawful occupancy if the pesos has been mimed to mom by a court of competent jurisdiction - prior to the hnttfation of negehations � le determined by the Agency to be a squatter who is oaarpytrng the real property without the permission of the owner and otherwise has no legal right to occupy the property under State law. A displacing agency may, at its discretion. ooaalder such a squatter to be in lawful occupancy. (z) Utility costs. The term "utility costa" means expenses for heat, lights, water and sewer. (aa) Utility facility. The term "utility facility" means any electric. gas, water. etearmpower. or materials transmission or distribution system: any transportation system; any communications system. including cable televisiow and any Fixtures, equipment, or other property associated with the operation. maintenance, or repair of any suds tcystem. A utility facility may be publicly. privately. or cooperatively owned. (bb) Utility relocation. The term "utility relocation" mans the adjustment of a utility facility required by the program or project undertaker by the displacing agency. it includes removing and relnitalling the facility, including necessary temporary fadlitlen acquiring necessary right-o€-erey on new location: movittg, rearranging or changing the type of redwing facades; and taking any necessary safety and protective measures. it shall also mean constructing a replacement facility that has the functional equivalency of than existing facility and is necessary for tha continued operation of the utility service. the project economy, or sequence of project construction. 124.3 No duplication at payments. No person shall recetvve any payment under this part if that peasant receives a payment under Federal. State. or local law which la determined by the Agency to have the same purpose and effect as such payment under this part. (See Appendix A of this part. 1 24.5.1 124.4 Awarenaa, monitoring and corrective action. (a) Asrwnncxs—(1) Before a Federal agency may approve any grant to, or contract or agreement with. a State agency ender which Federal ibaeandal asetstanae will be made available far a project which results in real property acquisition or displace:mest that is subject to the Unlit= Act. the State agency must provide appropriate aasitrances that it will comply with the Uniform Ad end this pert A disp� PM agenda aswaances shall be in accordance with section.210albs Uniform Ad. An acquiring ageing" w. � 1 assurances shalt be in accordance 'with section 305 of the Uniform Act and must contain specific reference to any State law which the Agency behaves ptavtdes an exception to section 101 or 302 of the Uniform Act. If. in the judgment of the Federal agency. Uniform Act compliance will be served. a State agency may provide these assurances at one time to cover all subsequent federally -assisted programs or projects. An Agency which both acquiree real property and displaces persons may combine its section 210 and section 305 assurances in one document. (2) If a Federal agency or State looney provides Federal financial assistance to a "parson" cueing displacement. suds Federal or State agency is responsible for ensuring compliance with the requirements of this part: notwithstanding the person's contractual obligation to the grantee to comply. (31 As an *ltemative to the asintrentcae requirement described to paragraph (a)(1) of this sedion, a Federal agency may provide Federal financial assistance to a State agency after it has accepted a certification by such State agency in aacosdance with the requirements in Subpart G of this peat (b) Moterler , andoornective action. The Federal agency w91 monitor compliance with this part. and the State agency shaII take whatever corrective action is neceisare to comply with the Uniform Act and this part The Federal agency may also apply sanctions in accordance with applicable program regulations. (Also see ! 24.603. Subpart G.) (c) Prevention of fraud wash and misrmonagement The Agency shall hake appropriate measures toy out part in a manner that minimizes fraud. waste, and miemanageaent I ill 24.5 !Ammar of notices. Each notice which the Agency is required to provide to a property owner or occupant under this part, except the notice described at 124102(b), shall be personally served or sent by certified or regis'te-ed first-class mail. return receipt requested. and documented in Agency files. Eats notice shall be written. in plain. understandable language. Perisons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person who may be contacted for newer, bequern: s or other needed help.