Displacement Plan for CDBG and HOME

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Federal Reginter / VoI. 54. No. 40 / Thursday. March 2, 1989 / Rules and Regulations 8913 end cross-reference action', taken by each agencies should henceforth be considered final. and will remain in effect indefinitely. Those departments and agencies, and the parts of the Code of Federal Regulations which contain a cross reference to this part. are listed below: Department of Agriculture. 7 CFR Part 21 Department of Commerce,15 OM Part 11 Department of Defense. 32 OR Pan 250 Department of Education. 34 CPR Part 15 Department of Energy, 10 CFR Part 1039 Environmental Protection Agency, 40 Crit Part4 Federal Emergency Management Agency. 44 CF'R Put 25 General Services Administration, al CFR hilt 250-81 Department of Health and Human Services. 45 CFR Part 15 Department of Homing and Urban Development. 24 CFR Pert 42 Department of the interior. 41 CTR Put 114- 50 Department of Mice. 41 CPR Part 134-11 Department of Leber. zs am Pert is National Aeronautics and Space Administratiae.14 CFR Part 13011 Pennsylvania Avenue Development Corparatioa. as CTR Part 904 Tennessee Valley Authesity.ty. 10 CFR Part 1.104 Veterans Administration. 35 CFR Part !S The United States Postal Service will inaaoate in its fid -text regulation at 39 CFR Pert 777 to make it consistent with this rule and will publish its final rale on or before April 2. 19011 in the Federal ReRk$oz Implementation Dates This final rule replaces the December 17,1987 interim final rule that was contained in 49 CFR Part 24. As li discussed further below, this final rule is basically the same as the interim final rule except for the addition of provisions implementing those sections of the 1987 Amendments that were not implemented in the interim final rule. This final rule li the last regulatory step in the Implementation of the 1987 Amendments. The preamble to the interim final rule noted that "a final rule will replace this interim final rule to the date the 1987 Amendments become mandatory". The rescission and mos re acts • , taken by tha &Rendes UAW above provided for soma differences in the dates when each agency would implement 49 CFR Part 24. (However all the agencies will adopt hart 24 on ar before April 2,1089. the data an whirl the 1987 Amendments become mandatory). Agency implementation of this final ride is therefore governed by the implementation dates for Ian 44 CFR Part 21 the e 1987 rescission and cross reference actions. Generally those actions provide that direct Federal projects. undertaken by a Federal agency itself, will comply with Part 24. and that federally assisted projects would comply with Part 24 if the recipient of the Federal financial assistance was able to comply, except that all programs funded by the Department of Housing and Urban Development and the Environmental Protection Agency would not comply with Part 24 until April 2.199®. As was the we with the interim final ruin nothing in this ride prohibits the retroactive payment of any additional benefits provided by this rule. Whether to provide any sack benefits retroactively depends entirely en en agency's discretion and fending authorities. Comments Received in Response to the NPRM On Thursday. July 21. s, (63 Fit 27598) the FHWA issued a NPRM fir the purpose of developing a comprehensive. govemmentwide se ruleof r the uniform and consistent implementation of the Uniform Act, u amended. The major changes made by the 1987 amendments include: --Expansion of the.Uniions Act coverage to include *tunny all ahs that receive Federal funds. �fndd� twi hese dertaken by psiva e —A moderate increase in benefit levels. —The eatabliahment of e lead agency to issue a governmeatwide single implementing regulation. --Providing that the computation of certain relocation benefits be done in accordance with the lead agency regulations. rather than prescribing the computation method in the statute. —Granting State° greater flexibility and discretion in implementing the provisions of the Uniform Act. All members of the public affected by relocation or land acquisition activities undertaken or funded by Federal agencies were encouraged to comment an this NPR. Comments from interested State and local were particadarly rested. The id Ra primarily as a artivenience to the reader. Comments were spedfically requested and desired on changes stemming from the 1987 Amendment'. Numerous commenters however took the opportunity to again ewers an opinion an certain issues that were addressed in the gosarnmentwide common rale min the , n„ single Interns final rale. As ends. — dealt in the preambles to those rales (54 PR 7000 and 53 FR 8015) respectively they are not repeated in this rulemaking. A description of the regulatory changes proposed far this part were set forth in the NPRM. The only major changes proposed were those required by enactment of the 1987 Amendments. Where no such changes were required, the provisions of the governmentwide common rule. as modified by the December 17,1987 Interim final rale, were generally repeated in the proposed rule. That ts, the proposed rule was basically the same as the common interim Mal rale with the exception of those additional changes that were Considered necessary to fully implement the 1947 Amendments. Comments were Invited an both those non -discretionary changes that were adopted in the December 17,1987, interim final rule and the remaining changes proposed in the In furtherance of the statutory objective of securing the views of State and local governments and the public in the pmmrrlgation.of these regulations. the FHWA conducted three public meetings dtring the coeiment period following publication of die proposed Dates for the meetings were Aamost 17, 19811in Philadelphia, Ptnasylvs August Annie 34 in and Chicago, Min Th purpose tithes. meetings etas to receive comments on theprvposed rule from interested parties. These comments are eatered1n AIWA Mdcet Pio. 8V-22 and Intent been given fall consideration developmentin of the final rule. responseIn to the July 21, 1389 Federal Willesden, there were a total of 120 comments received et the docket, those received at the 3 publicmeetings. These 120 comments represent 101 different organizations or persons. 31 State highway administrations, 4 other State level agencies, 19 local public agendea, 7 private parties. 5 public interest groups, 4 consultants. and 31 aseocfations. ]Most of the asaoda •o ,arepreaented utilities and were concerned primarily with their new responsibilities agencieswith didisrsethe tionarryy �1i�ct or with I ?+1.2p7, relocation payments. Comments received from involved in the rural electric cooperative industry tela to acquisition activiti claimed a cant economic impact on the industry. However, earefid tithe £o n ten that because of their eiefeeiBlailty with the provisions of the Udiheti llel. tit