Displacement Plan for CDBG and HOME

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8932 Federal Registe / vol. 54, No. 40 / Thursday, March 2. 1989 d / Rules and Regulations I 2P 4.0 chAdministration of jointly -twirled Whenever two or more Federal agencies provide financial assistance to an Agency or Agencies, other than a Federal agency, to carry out functionally orgrelated activities which result in the acquisition of Property or the displacement of a person. the Federal agencies may agreement designate ane such age the cognizant Federal agency. In th unlikely event that agreement amo Agencies cannot be reached as to agency shall be the cognizant Feder agency, then the lead agency shall designate one of such agencies to assume the cognizant role. At a the ileum. the agreement t�s set are subject to its terms and cite any policies and procedures, in addition this part, that are applicable to the activities under the agreement. Und agreement. the cognizant Feder al agency shall assure that the project compliance with the provisions of the Uniform Act and this part. All feder assisted activities under the shall be deemed a project for the Purposes of this part f 24.7 Federal y waiver of The Federal project may waive an funding in determi nes nes thanot t the waiver doesuired by law if notreduce any assistance or protection provided to an owner or displaced person under this part. Any request fo shall be justified on a case-by- case basis. Ii 2�Compliance with other taws and by ncy as reg Le which H 1 Co (i) Executive Order 1124b—F,q Employment Opportunity. (1) Executive Order 11625—Min Business Enterprise. (k) Executive Orders 11988. Flo Management, and 900. Protec o Wetlands. (I) Executive Order 12250 --Lea and Coordination of Non -Die ' Laws. (in) Executive Order 12259 adership and Coordination of Fa ousing In Federal Programa. (a) Executive Order 12830-- vernmental Actions and fnterfe with Constitutionally Protected Prop Rights. ual (c) Time limit for initiating The Agency may set a reaonable me ority limit for a person to Me an appeal. The odpfain fter the perrsone limit shall neieceivessa than t30 days ritten n of notification of the Agency's determination on the person's claim, derahip (d) Right to representation. A person dation has a right to be represented by legal counsel or other representative in connection with his or her appeal, but it solely at the person's own ex (e) Review files Penne. optf The of bypermit aralktQg t+ence Agency *hall inererlt a Person to inspect and co all materials erty pertinent to his or her - fob f 24.9 Nscordtreepteq and reports. hich (a) Records. The Agency shall maintain adequate records of its to cquisition and displacement activi der in sufficient detail to demonstrate e compliance with this part. These Is eha be retained for et least 3 years persoaften each owner nn displaced from property any e a�emealt receives the final payment to which or she 4 entitled under this Part. or accordance with the applicable regulations of the Federal funding agency, whichever is later. maintained (bConfidentiality of records. Records accordance with this partareconfidential regarding their use as public information, unless applicable law provides otherwise. (c) Reports. The Agency shall submi a report of its real property acquiaitio or a and displacement activities under this p required by the Federal agency funding the project. A report will not required more frequently than every years, or as the Uniform Act provides, unless the Federal funding agency shows good cause. The report shall be prepared and submitted in the format contained is Appendix B of this part xcept materials which are dassifi das confidential by the Agency. The Agency may, however. impose reasonable conditions on the person's eight to ties ��' consistent with applicable Tawe. Cil Scope of review of appeal In reeards deciding an appeal. the Agency shall ach n and oconsider material submitted ball pertinent y and all other available information that is needed to ensure a fair and full he review of the appeal. (g) Determination and notification aftinfermper � Promptly ro p lyd a� receipt of an erson in support of as by a Pncy, make a written determination � on � wlk ch can explanation of the and basis onish thedecision was made, relief person a copy If the full t elle requested 1s not granted. the n cy shall advise the person of his or her right to seek judicial review. The implementation of this part must be in compliance with other applicable Federal laws and implementl� regulations, including, but not limited to, the following: 1866 (42 U.S.C. 1982 eSection of the t se ). vil Rights Act o[ (b) Title VI of the Civil) 1964 (42 U.S.C. 2000d et seg.). �� Act of (c)Title VIZI of the Civi 1968 (42 U.S.C. 3801 el req.)�as ts Act of amended. (d) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et req.). (e) Section 504 of the Rehabilitation Act Of' (f) The Flood DisasterProtection Act of 1973 (Pub, L 93- 234). (g) The Age Discrimination Act of 1975 (42 U.S.C. 8101 et sen.). OppExecutive nd Hou ing, as amen by Executive Order 12250. as amended 1 h) Agency official to review oppecd The the be review of the appealency shall be�either the 3 heed of the Agency er his or her authorized designee. However. the official shall not have been directly involved in the action appealed. Subpart i3—Raaf Property Acquisition f 24.t0t Applicability of acquisition *24.10 Appeals. (a) General. The Agency shall promptly review appeals in accordance with the requirements of applicable law and thie part. (b) Action, which may be appealed Any aaggFlayed person may file a written appeal with the Agency in any case in which the Person believes that the Agency has failed to properly consider the person's application for assistance under this part Such assistance away include, but is not limited to, the perm's eligibility for, or the amount 01, a payment required under 134.106 or 124.107. ora relocattoq payment reqsna�wrtartppmshhalilder a wri regardless ofk en:. - (a) General'. The requirements of this subpart apply to any acquisition of real property for a Federal program or project, and to programs and projects where there is Federal financial except ssistace in any part of project costs (1) voluntary transactions that meet all of the following conditions: (1) No specific site or property needs to be acquired. he Agency may Brenn its search for alternative antes to a general geographic area. Where an Agency wishes to purchase more than one site within a geographic area on this basis, all owners are W ba Inated alm1ar� -