HomeMy WebLinkAboutCounty of Hawai'i Displacement Plan sk
DISPLACEMENT PLAN
Community Development Block Grant
• HOME Investment Partnerships Program
COUNTY OF HAWAII
The County of Hawai' i, through its Office of Housing and Community
Development (OHCD) , is required to minimize displacement of persons as
a result of activities assisted with the Community Development Block
Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds.
In addition, the OHCD must provide reasonable benefits to any persons
involuntarily and permanently displaced as a result of the use of CDBG
or HOME funds to acquire, demolish, or rehabilitate property. This
requirement applies to all such displacement resulting from CDBG or
HOME assisted acquisition, demolition, or rehabilitation of non-
residential as well as residential property
In order to comply with this requirement, the County must develop a
written displacement plan which outlines the approach the County will
take to minimize displacement, describes the specific actions the
County will take to discourage displacement, defines displacement, and
describes the monetary and nonmonetary assistance that will be
provided to the displaces. This is to serve as the Plan.
To minimize displacement, the OHCD has developed a system to rate
potential projects to be funded with CDBG or HOME funds. The rating
system is designed, among other things, to select projects with a
minimum number of problems.
One criteria the OHCD utilizes in rating project proposals is
displacement . If no displacement is involved, the project may be
assigned the maximum number of points. However, if displacement or
relocation is involved, the OHCD requires the applicant to submit a
relocation plan that complies with the Uniform Relocation Assistance
and Real Property Acquisition Act. If a plan is not submitted, the
project proposal is ineligible for funding. The points assigned to
the project may be reduced according to the degree of displacement
(i. e. whether an alternative location is found for the displacees,
etc. ) . The OHCD ranks all the eligible project proposals and the
projects with the highest number of points are then recommended for
funding.
Any agency or organization utilizing CDBG or HOME funds for
acquisition, demolition, and/or rehabilitation causes displacement of
persons, then, compliance with the current Federal Uniform Relocation
Assistance and Real Property Acquisition Act is required. The
regulations define displacement, and describe the monetary and
nonmonetary assistance that will be provided to the displacees. The
County will ensure compliance to the regulations by inserting a
provision in the agreement executed between the County and agencies
for the use of the CDBG and HOME funds
Residential Antidisplacement and Relocation Assistance
Plan under Section 104 (d) of the Housing and Community
Development Act of 1974, as Amended
The County of Hawaii will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to a use other than as low/moderate-income housing as a
direct result of activities assisted with funds provided under
the Housing and Community Development Act of 1974, as amended, as
described in 24 CFR 570.606(b) (1) .
All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the County of
Hawaii will make public and submit to the HUD Honolulu Office the
following information in writing:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of
dwelling units, by size (number of bedrooms) , that will
be demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result
of the assisted activity;
3. A time schedule for the commencement and completion of
the demolition or conversion;
4. The general location on a map and approximate number of
dwelling units, by size (number of bedrooms) , that will
be provided as replacement dwelling units;
5. The source of funding and a time schedule for the
provision of replacement dwelling units; and
6. The basis for concluding that each replacement dwelling
unit will remain a low/moderate-income dwelling unit
for at least ten years from the date of initial
occupancy.
The County of Hawaii will provide relocation assistance, as
described in 570. 606(b) (2) , to each low/moderate-income household
displaced by the demolition of housing or by the conversion of a
low/moderate-income dwelling to another use as a direct result of
assisted activities.
Consistent with the goals and objectives of activities assisted
under the Act, the County of Hawaii will take the following
steps:
1. To minimize the displacement of persons from their
homes:
A. Stage rehabilitation of assisted housing to allow
tenants to remain during and after rehabilitation,
working with empty buildings or groups of empty
units first so they can be rehabilitated first and
tenants moved in before rehabilitation on occupied
units or buildings is begun.
B. Establish temporary relocation facilities in order
to house families whose displacement will be of
short duration, so they can move back to their
neighborhoods after rehabilitation or new
construction.
2. To assist displaced persons to remain in their present
neighborhood:
A. Provide lower-income housing in the neighborhood
through HUD housing programs; purchase units as
is; rehabilitate vacant units; or construct small
multi-family buildings or row housing.
B. Give priority in assisted housing units in the
neighborhood to area residents facing
displacement.
C. Target Section 8 existing program certificates or
vouchers to households being displaced and recruit
area landlords to participate in the program.
D. Provide counseling and referral services to help
displacees find alternate housing in the
neighborhood.
E. Work with area landlords and real estate brokers
to locate vacancies for households facing
displacement.
3. To otherwise mitigate adverse effects of displacement:
A. Take various actions to assist in the provision of
assisted housing for lower income persons, such as
land banking, property acquisition, solicitation
of developers, etc.
Residential Relocation Plan -2- OHCD/1189C/7-93
B. Use of CDBG funds to pay moving costs and provide
relocation payments, or require private developers
to provide compensation to persons displaced by
development activities.
C. Give displacees priority in obtaining subsidized
housing units.
Residential Relocation Plan -3- OHCD/11B9C/7-93
DISPLACEMENT PLAN
Community Development Block Grant Program
County of Hawaii
The County of Hawaii, through its Office of Housing and Community
Development (OHCD) , is required to minimize displacement of
persons as a result of activities assisted with Community
Development Block Grant (CDBG) funds. In addition, the OHCD must
provide reasonable benefits to any persons involuntarily and
permanently displaced as a result of the use of CDBG funds to
acquire, demolish, or rehabilitate property. This requirement
applies to all such displacement resulting from CDBG assisted
acquisition, demolition, or rehabilitation of non-residential as
well as residential property not governed by the Uniform Act.
In order to comply with this requirement, the County must develop
a written displacement plan which outlines the approach the
County will take to minimize displacement, describes the specific
actions the County will take to discourage displacement, defines
displacement, and describes the monetary and nonmonetary
assistance that will be provided to the displacees. This is to
serve as the Plan.
To minimize displacement, the OHCD has developed a system to rate
potential projects to be funded with CDBG funds. The rating
system is designed, among other things, to select projects with a
minimum number of problems..
One of the criteria that the OHCD rates is displacement. If no
displacement is involved, the project will be assigned the
maximum number of points. However, if displacement is involved,
the points assigned to the, project will be reduced according to
the degree of displacement (i.e. , whether an alternate location
is found for the displacees, etc.) . The OHCD ranks all the
project proposals, and the projects with the highest number of
points are recommended for funding.
Any agency or organization utilizing the CDBG funds for
acquisition, demolition, and/or rehabilitation and which causes
displacement of persons, compliance with the attached Federal
Uniform Relocation Assistance and Real Property Acquisition Act
dated March 2, 1989, is required. The regulations define
displacement and describe the monetary and nonmonetary assistance
that will be provided to the displacees. The County will ensure
compliance to the regulations by inserting a provision in the
agreement executed between the County and agencies for the use of
the CDBG funds.
OHCD/1188C/7-93
•
bell2 Federal Register / Vol. 54, No. 40 / Thursday. March x, 1889 / Rules and R _ , . .s I -i
..w., . t
DEPARTMENT OF TRANSPORTATION issued on July 21.19813(53 FR 27508), certain Congressional review
Office of and It not repeated here. obligations.HUD subsequently
On Febrmet?27,1985.a Presidential published such an interim rule on
40 CFR Part 21 Memorandum was signed and published February 19,1988(53 FR 4904).
la the Federal Register on March 8.19115 As discussed In the preamble to the
[F1iM/A l7odca#Na s7-22] (50 FR 8953),naming the Department of NPRM,no comments were received that
Transportation(DOT)as the agency objected to the use of the rescission and
RIN 2125-AB 95 with lead responsibility for the Uniform croce-referencing actions by the various
Act.This led to the publication of a Federal agencies concerned to establish
Uniform Relocation Assistance and multi-agency govenmentwlde common a governsaentwide single regulation.The
Real Property Acquisition Regulations rule on February 27,1988(51 FR 7000). only relevant comment objected to the
for Federal and Federally Assisted The 1987 Amendments named the effective date of HUD's rescission and
Programs DOT as lead agency.The Secretary of craes.refereactag action.MUD
AGENCY:Federal the Department of Transportation has considered that comment but does not
Highway delegated this responsibility to the believe it is feasible to change the date
Administration(FHWA),DOT. Federal Highway Administration for administrative reasons,in order to
ACTION:Final rule. (FHWA).The 1987 Amendments require best achieve a smooth transition to the
the lead agency,in coordination with new requirements of the 1987
sunburn:This regulation establishes a other Federal agendes.to Issue roles, Amendments.
govershmentwide single rule for the establish procedures end maks The objective of the February 27.1985 •
implementation of statutory Interpretations to implement psovidons
amendments to the Uniform Relocation of the Uniform Act Presidential memorandum,and one of
Assistance and Real Property the primary goals of the 1987
Acquisition Policies Act of 1970(the Implementation Amendments,the it18was to establish
Uniform Act)made by the Uniform Amendineate � uniformity so as to
Relocation Act Amendments of 1987 On Tuesday.May 19;1987(52 Flt
Title IV of the Surface Transportation 18788)the FHWA issued a Notice inconsistencies among Federal agencies
and Uniform Relocation Assistance Act describing significant changes in the law that had plagued Federal
of 1987(1987 Amendments(,Pub.I.100- and general plans to implement those Implementation of the Uniform Act sincef
17,tot slat 2411-358.The Uniform Act changes.On Tuesday.December 1.19E lb ena�ent m71.39These differences
applies to all Federal or federally (52 FR 45887)the FHWA issued a Notice sand-coaalatendes had been 4
assisted activities that involve the of Regulatory Intent gtving further sauce particularly burdensome to State and j
that of real property or the of the specific regulatory actions it governments that were
displacement apeman,inducing and the other affected Federal wades administering a variety of Federal
wades
displacements caused1W by rehabilitation would take to implement the P .and also.in some cases.
and demolition activities.This Amendments. resulted in differences lathe benefits
regulation is intended to ensure that the A few provisions of the 1967 provided to persons in like
implementation of the Uniform Act by Amendments upon which the law is circumstances.
Federal agencies is.in fact.as uniform explicit and allow,for little,if any, The 1e7 Amendments dearly provide
and consistent as possible.while administrative discretion or that a single Federal lead agency will
encouraging State and local discretion in Interpretation.and for which a period of promulgate a governmentwide single
Implementing the Uniform Act's public notice and comment would have role for the Uniform Act's
provisions. been Impractical.were implemented in Implementation.Accordingly,other
DAThin regulation is effective March an Interim floral rule En Part 24 Issued by Federal agencies covered by the Act no
FHWA(52 FR 47994),an December 17, longer have independent statutory
2.1989.Further information concerning
1987. authority to promulgate their own
agency implementation is provided
below. On the same day(52 FR 481115)17 separate Uniform Act regulations and,in
below. Federal Departments and agencies that Implementing the Uniform Act.must
FD.FOR FURTHER
Chief,IINFORMATIONINFORMATIONProgram administer the Uniform Act.and had follow the regulations published by the
Luckowadopted the govemmentwide common lead agency.The Uniform Act is unique
Requirements Divi ion.Office of Right- rule.published interim final rules in that it imposes requirements directly
of-Way,HRW-lo,(202)388-0118;or rescinding the govern mentwide common upon a large number of Federal and
Reid Alsop,Office of the Chief Counsel. rule from the codification of their Federally assisted programs,but assigns
HCC-60,(202)388-1371.The address is regulations and adopting in its place a the authority for the publication of all
Federal Highway Administration.400 cross-reference to the governmentwlds necessary implementing regulations to
Seventh Street SW.,Washington.DC single regulation published by FHWA at one lead ages
2590. 49 CFR Pari 24.The effective date forccon(Oftinue
course,such
BUPPLEMEIIrARY otFoaaterioie these agency rescissions and crass developedtlnaa will the participation
to be
B cY with the participation of HUD
gsticgrouad references varied,however all nch and other Federal agendas).
actions were to take effect on or before Accordingly.because a
This regulation is the final step in the April 2.1989.the date the 1987 governmentwide single regulation Is
development of a governmentwide Amendments become mandatory. required by law.because of the unique
single rule for implementing the An eighteenth Federal Department. nature of the Uniform Act,because no
Uniform Act The background of the Department of Housing and Urban comments were received,and because
this development la described in Development(HUD),was unable to join no useful purpose would be served by
considerable detail in the preamble to the other Federal agencies In publishing having IA Federal ageodes take
the interim final rule issued on an interim final rescission and mess additional regulatory action to formally
December 17.1987(52 FR 47994),and the referencing action on December'1 ,.flip„_{ rescission and crow
Notice of Proposed Rul ,(p ), because itu need to firm sa
aotlnita,the Interim reutdsdchn
1'1 Federal RRegulations Register / Vol. 54. No. 40 / Thursday. March 2, 1989 / Rules and Rlati
,,,
ilt
,. ,:: and crass-reference actions taken by 1987 rescission and cross reference in the preambles to those rules(51 PR
: :7' inch. agencies should henceforth be actions.Generallythose actions
. .�M s+ucb provide 7000 and b2 FR 8015)respectively; they
considered final,and will remain in that direct Federal projects,undertaken are not repeated In this rulemaking.
fx effect indefinitely by a Federal agency itself,will comply
�, ., A description of the regulatory
Those departments and agencies,and with Part 24.and that federally assisted changes proposed for this part wre set
-.' the parts of the Code of Federal projects would comply with Pan 1%4 If forth M the NPRM.The only major
; . Regulations which contain a cross the recipient of the Federal financial changes proposed were those required
reference to this part.are listed below: assistance was able to comply,except by enactment of the 1987 Amendment.,
Department of Agriculture7 CFR Part 21 that all programs funded by the Where no such changes were
De est of Commerce./5(:Pit Part i1 Department of Housing and Urban required.
Department of Defense.32 CFR Part 259 Development and the Environmental the mpronirule,as the Bon' the
Department of Education.34 CPR Part 15 Protection Agency would not comply December
tte17,19 modified by the
Department of Energy,10 CFR Part 1039 with Part 24 until April 2.1966. December 17.11187 Interim final rule,
Environmental Protection Agency,40 Crit As was the cue with the interim final were repeated in the wasposed
Part 4 thing fa this rade rule.nit is,the same proposed common
Federal �G no prohibits the
C� Emergency Management Agency,44 retroactive payment of any additional basically fi lite with the except
benefits provided by this rola,Whether interi�oR Mal rule file exception of
General Services Administration.41 CFR Part those additional
us-si to provide any such benefih considered necessary s that were
Department of Health and Human Serfdom
retroactively depends entirely en an the 1987 Amendments.Commentspwere r
45 CFR part 15 agency's discretion and fending
Department el of tingR and Urban authorities.
invited an both those isaetIonwy
Comments Received in Response thatnges 7 were8adoptedeerim i the
Department of the interior.41 CTR Fut 1.34- NpPon to tine December 17.1987,interim final r7rla and
Rhe
the remaining chaffs proposed in the
so
Department cilantro.41 CPR Part t3e-i1 On Thursday.July 241088(53 FR NPRId.
Department of Leber.29 an Pat U 27595)the FHWA issued a NPRM for the In furtherance of the statutory
National Arr�a.aatim and Specs purposeof developinga comprehensive. objective of
National
r etonan 14 CFR pert 1m/ j securing the views of State
Pennsylvania Administration.
FR Pa Development goventmentwide a rule for the and local governments and the public in
Coepaatloa Avenue CFR Poet 9os uniform and consistent Implementation the prom! gatfoa of these regal:tions,
of the Uniform Act.as amended.
Tennessee Valley Aullarity.18 Cera Part tans the FHWA conducted these public
Veterans Administration,is CFR Part 23 The major changes made by the 1987 meetings during the cerement period
amendments include: following
The United States Postal Service will of the. inifm n Act Iication of the proposed
incorporate changes in its fun-text coverage to include virtually all Dates for the meetings were_
regulat nton with this rPlat 39 CPR ert and a 777 silshepubfish activities that receive Federal fund 1.7,,1901 in P td
consiIts final rale on or before April 2.1989In end tiU those endertaken lar Oden� August 22 in perused.Oreg0u awl
the Federal Rages —A moderate Increase in benefit Argent 24 in Chicago.H11aoFrL
Implemented=Dates level. The purpose of these meetings was to
—The establishment of a lead agency receive celnelente an theprvposad rile
This final rule replaces the December to issue a governmeatwide single from interested parties.These comment*
17,1987 interim final rule that was implementing regulation. are entcredln FHWA Docket No.117-22
contained in 49 CFR Part 24.As is —.Provides that the computation of and been gig fa consideration
discussed further below.this final rule is certain relocation benefits be dove in In the development of the final rule.
basically the same as the interim final accordance with the lead agency In response to the July 21.1968
rule except for the addition of provisions regulations.rather than prescribing the Federal Register publication,there were
implementing those sections of the 1987 computation method in the statute. a total of 120 comments received et the
Amendments that were not implemented —Granting States greater flexibility docket,including those received at the 3
in the interim final rule.This final rule is and discretion in implementing the public meetings.These 120 comments
the last regulatory step in the provisions of the Uniform Act. represent 101 different organizations or
implementation of the 1987 All members of the public affected by persons:31 State highway
Amendments.The preamble to the relocation or land acquisition activities administrations,4 other State level
interim final rule noted that"a final rule undertaken or funded by Federal agencies,19 local public armlet,7
will replace this interim final rule prior agencies were encouraged to comment private parties,5 public interest groups,
to the date the 1987 Amendment' on this NPRM Comments from 4 consultants.and 31 associations.Most
become mandatory". Interested State and local government. of the asaodatlens represented utilities
The rescission and cross reference were particularly requested. and were concerned primarily with their
actions taken by the agencies listed The NPRM was a"fall taxa"rale new responsibilities as acquiring
above provided for some differences in primarily as a convenience to the agencies under the Act or with 12+4.307,
the dates when each agency would reader.Comments were sped:Madly rtmolne with discretionary utility
implement 49 CFR Part 24.(However all requested and desired on changer relocation payments.Comments
the agencies will adopt Part 24 on or stemming from the 1987 Amendment'. received from several omenhationa
before April 2,1089.the data on which Numerous annmentsrs however took Involved in the rural electric cooperative
the 1987 Amendments become the opportunity to again express an industry relating to acquisition activities
mandatory).Agency Implementation of opinion an certain issues that were claimed a slgrdilcant economic impact
this final rule is therefore governed by addressed in the gosarnmentwide on the industry.However,earefid
the implementation dates for common rude win the gorrannuentwide analyrle of the conimenb ten that
(mplemeajiag 46 CFR,Part 24 contained single interim final role.As tach. because of their arshrailiarlty with the
In the vercocxs egersey'aparnmOd 17,
commeate n,talsseleastbarly dealt with provisions of the Udiheti lir*Ilse
s
8914 Federal Register / Vol. 54. No. 40 / Thursday. March Z 1989 / Rules and Regulations
respondents have misunderstood certain Some comments suggested changes neither does it encompass the waiver of
of the requirements of the regulation, that are precluded by statute:however, a requirement on a
Creat care and attention have been we aree Proof the
ai scope.
given to these comments and as moat of expressed in such comments.We are Theconcerns broader the the Federald waiver, the
the apparent questions concern real interested in the experiencesgained bymore carefully t nn
property acquisition agency must
requirements.these persons and weigh its effectto onpthe assistance own and
comments have been extensively within the frame ork of this operate protection to be provided an owner or
considered and discussed in I?.4.1ei(bJ and will consider legislativerhanges.rif displaced person.
and(c)of this preamble. necessary. changes,if
There is no basis for expecting that !n additin.an early draft of the SSection 24.2 Definitions
reasonable compliance with this NPRM.the NPRM itself.and a draft of veal comments tnAgency.There h ande
regulation as required by the 1N7 this final rule were each circulated to assvare cittheparagraph on this l egda g
Ameaddidmeents will impose exceptional affected Federal agencies for their a result the removedndion lead agency
expenditures on the part of review and comment.Further, s number has taap and 4 now a
the members of the rural electric of meetings were held with separate paragraph fg -2J,wtthia the
cooperative industry.A number of representatives of in definier re
unnecessary administrative interested Federal
unnecessary
foundmiadministrative
rade agencies.Many useful comments were deli expansions.
rIan ion .suggestedother
have been regulations provided during this s.We were °e a ing definitions.
io H changes
seduction eliminated with a consequent Particularly assisted by the time and t roman eeakfrom However.
burden on affected expertise provided by HUD. the stadetute
aid they sae mitaken the
entities.Other requirementshave been All comments were reviewed and explai andthe prem unchanged.As
reduced or modified to further the ate chs explained is the Fe ex! a of she NPRM2
of efficient and cost effective 8�s �� �to the proposed published�Fedepsl
rule were made,Aes description of thejut tt,
implementation of the Uniform Ad, substantive y
More than 1.200 c comments rale follows.Other used throughout this part to egencompass
were retxi►ed- y of the comments ty or
ell entities subject to the Uniform Act.
were directed at provisions� is the
readability. made for 1Sect 24.2(4 amble
rxrrrea�t gan►eramentwide common rule. Section-by-Section Analysisnap dwelling.Comments were
for whish no changes were proposed in received from five enemies concerning
the NPRM.or Provisions which are
A—General the definition of the terra"comparable its
large of determined
by the ste atute.
Section 24.1 Purpas" definition originate e Uniform
Act
questions, e a p l►lE(c) as proposed to . eyed thane?Amendments.as steted in
statements.or tion or subsectionti which regarding a no tw-iiia h efffdent sad gnat effective the pie of the NPRM:The terms
changecthe tIsttos but which endow a#one.either comparable of
aein in there u anion bu are purposes of this regulation.Two of a "otienally in ezR Ovine
,
three comments on the
dismission'following in this preamble. paragraph topether:mean that the comparabled
A number of respondents had commended the inclusion of the replacement dwelling selected for
questions about s odents paragraph while the other indicated computing the replacement housing
which cannot operational
In the detailsole VSs that,without a definition or payment le located In the same,or same
itself:FfI will,however.respond tion of the Intent of the type of~residential development as the
these and other t,ho ns in forthcoming tog paragraph.it may appear to some acquired dwelling,on a site typical in
these and other on and similar agencies that cost savings are more size for that development is the same
technical
memoranda. Important than providing the assistance type of dwelling.i.e.,single-family for
Except es tod a few specific or protection due an owner or displaced single family,apartment for apartment
provisions.a, related a few addressed athe Jerson.This paragraph has been etc.:and provides the same or similar
pvision appropriate, Places r the r eased t the included in the final regulation to amenities within the dwelling.
vast majority of the public For
emphasize the Federal concern that example,if the displaced person
dealt e the comments of State and local agencies not be entertains large groups frequently and
dea t more withthcl with substantive burdened with unnecessary regulatory the acquired dwelling is arranged to
intmatters.
requirements in the implementation of accommodate this living style.then the
Some commenters suggested different the Unfforn Act.For this reason.the replacement comparable house should
wording or rearranging certain NPRM preamble discussion of this also be capable of being arranged in this
wording
ding or carrwithin the rule itself.While paragraph called attention to the waiver fashion.
a fashion-
paragraphs
amount of each editorial provision of i 24.7 and its use to avoid This does not,however,require strict
refinement been done when Et was unnecessary delay or administrative and absolute adherence to an
necessary for has been MINA burdens.The waiver provision.in tura, exhaustive,detailed.feats re-by-feature
r ecogujzea that the basic format,as well considerrati fiis explicit regarding rst is that the not major required.
A mechanisticReasonablede-off approachc in
as most of the specific provisions of this Federal afid.s uld reflect the range can
rulemaking were articulated in the Bim:before waivingbe made.These should the
govertrmentwidecommon rale,and requirement.must determine at a of purposes for which the various
aov and displacing waiver does not reduce any assistance features of the replacement
F drug agencies have orald dwelling
discussion
become ar with the girdsWng displaced�provided to�owner or may be used.Additional dlacaseioa
formal To avoid confusion,we therefore �°n that under this foaatm. about this subject can be found is the
have not made wholesalesecond is any request fora appendix. .
changes In waiver shall be jtrs on a case-by- Sect
format or location of the respective cue basis.While PHWA does not �fBXI�A
editorial
provisions in this rule merely for Interpret case-bym recommendation was received"offered"to
necessarily.o parcel-by-parcel el heais. change
t word
"paid"
ou in
', -- Federal Register � Vb. 54, No. 40 / 1h
nadat:'March 2; 1989'/ Rules and Regulations 8815
'^T. ent provided to a 180-day owner- replacement dwelling,Since an • Twenty-two comments were receleed
is occupant.We have retained the current occupant of less than 90 days lea on this subject.Seven recommended
warding because the computation of the displaced person,the necessary criteria that these tenants be covered.Eight
full price differential.as described in for providing a comparable replacement recommended the addition of a further
P" f 24.4o1(c).is limited to the lesser of the dwelling was developed.The use of the condition mentioned In the NPRM, to
ti amount needed for purchase of a financial means criteria assure that the provide that,so long arthe tenant is
. } comparable replacement dwelling or the displaced person will participate in the ofiered'an opportunity to rent a decent,
actual dwelling purchased. cost of a comparable replacement • safe,rind sanitary dwelling for the same
-, .:?.,. Section 24.2( )(8)(4.This section has dwelling to the maximum extent of his amount as the tenant paid before the
5,_ been revised to clarify that the utility or her financial capability.In response rehabilitation project,or 30 percent ofi 10
costs for replacement rental housing will to another comment,FHWA also the household's gross income,whichever
be based on estimated average monthly addressed the appropriate use of the is greater,such tenant would not be
" t utility costs because the actual utility income of those receiving public considered a displaced person.Two
J.. costs will not be available.For assistance.If they receive an amount commenters recommended retaining the
+": additional clarification of the issue of designated for shelter and utilities,then language in the NPRM.Three
, utility costs refer to the discussion in that is the amount that should be used in commenters generally opposed
this preamble far 124.402(b),Rental determining the displaced person's considering such tenants as displaced
assistance payment. financial means. persona.Finally.two comments
Eight comments were received about Section 24.2(e) Contribute concerned tedmical matters.
the use of 30 percent of the grail materially.Four comments were HUD recommended that this sebtiun
monthly income for dete:miniag this received about this definition.'Iw►o be deleted from the
financial means of displaced tenants.[a recommended that all the criteria would suggested that it coulregulation.
babe covered is
accordance with the discussion in the have to tie present for the business to HUD's various p regulations sto
preamble of the NPRM,FHWA contribute materially to the income of a that coverage coulbe tailored to each
r examined this issue carefully before displaced person.This is clearly not the affected HUD program.HUD continues
revising I 24.2(d)g)gaud I 24.402case.One preferred that the displacing to believe that these emcee are not
Replacement housing payment for 90- agency be authorized to develop covered by the Uniform Act because the
day occupants.The use of 30 percent ofalternative criteria.This definition has rental increase that prompts their move
gross monthly Income for all tenants,to remained as written.FHWA considers is.in HUD's view.not a direct result of
meet the statutory requirement that the that szllicient flexibility hes been rehabilitation.However.HUD has
Income of a low-income tenant be permittedin the definition of"contribute indicated its willingness end desire to
considered• corupering
assistense p when
a rental materially"to accommodate unusual treat the financial hardship faced by
to be the most equitable.practical,and circumsa^* such persons on agrogram-by-px ala
Section 31.i
appropriate method.It is similar the
(fj Decent;safe.and basis.and to deal with this
method used by many agencies such as sanies'dwelling.dwelling. su
Two comments were Ise in developing new regulations
State highway a ales prior to the' received concerning the addition of implementing its several programs
Common Rule.Additional diamisslen of cooling.to the requirement for heating assisting residential rehabilitation.
this issue la io he found is this presmbk If coaling is determined to bre as critical Since this issue sects only HUD
for 1 24.402(b)Rental awl-Warica as beating for a particular State or area, fended activities.we believe that HUD's
payment a displacing agency may.in a uniform views should be given great weight.
Section 24.2(d)(a)(tH)Eleven manner.require that an adequate Accordingly.this radon has been
comments were r+eeeived about'the cooling system be provided in a revised to include language similar to
possible eligr''bility of a less than 90-day comparable replacement dwelling. that contained in i_1(f)(2)(iii)of the
occupant for a replacement housing Section 24.2(g)(2)(iv) Persons not common governmentwide rule.This
payment under Housmg of last resort. displaced The NPRM specifically would not preclude HUD from providing
Most objected to this eligibility, requested comments on h Zt.2(g)(Z)(Iv) assistance to such persons in their
Persons who ere'In occupancy at the as to whether certain tenants who are Various program regulations.
time of the initiation of negotiations,but affected by HUD funded rehabilitation Section 2.2(gJif:2Nviii).At the request
who do not meet the Inn of activities should be considered of one Federal agency,we have changed
occupancy requirements in ii 24.401 ar "displaced persons."Such tenants are the term"sells"to"conveys"In
24.402,are displaced persona and ars those who are not required to move 124.2(gX2Hviii).Occasionally,Federal
entitled to advisory assistance and permanently because of the federally agencies acquire land through
moving payments.They may,also.-be funded physical alteration of their exchanges or other agreements that are
entitled to rental assistance under dwelling Waits,or a change In the unit's not technically"sales."-
housing of last resort provisions if ownership,brit whose rents are Section 24.2(k) Initiation of
comparable rental replacement housing increased following completion of the negotiations.Several respondents
is not available at a rent not greater rehabilitation activities,resulting in the commented en fids section.Since ft b
than 30 percent of the person's gross tenants moving elsewhere.The NPRM not practical to try to identify What
monthly household income.This section proposed that such tenants would not be specifically cxnietitutes the Initiation bf
provides financial means standards far included to the definition of"displaced negotiations for each and'every Federal,
a class of displaced persons heretofore person"if the other conditions included or federally assisted program:-the
called"subsequent occupants."When in f 24.2(g,)2)(iv)were satisfied.These deflNtion must be sdmewbat generic.
section 706 was amended in iii 7, conditions included the opportunity to Nonetheless,the intent and purpose is
section 206(c)(3)was tesised to require lease and occupy another dwelling unit reasonably dam The PridrAcrey
assurances that operianidudl not be in the same ball or complex paragraph addrriseit earl it Orlon..lin
required to move a thseai ng unless (without regard to ..e a smart of rent which - °: ' . ' ..:
the person a t - r charged)and the payrad -gf tion dine the , s, '''y .
opportunity reboot io a do�psr�e temporary relocation costa,.- �on bf negri k n' ,,°fir •
k.
-
V
• .P , t . 1l ''..,,:.."!i'•
5., ' � _.
• X916 Federal Register / Vol. 54, No. 40 / Thursday, March 2 19130 / Rules and Regulations
Program.For the bulk of the acquisition threshold was solicited and the �—
on Federal,or federally assisted responses ranged from one Section 24.4 Assurances monitoring
programs,projects,or activities,the and corrective action
proposed definition is sufficient.We recommending a change to a dollarvolume criterion;two recommen Section Ufa) Assurances. Six
i i have added a definition of Notice of �20
cn have to acquire notice of Notice
employees;three recommending 50 comments were received on this section.
for relocation assistance,at I 24.2(o).eligibility employees;four recommending 100 One comment about the procedures for
which should help!o clarify the meaning employees;one recommending 250;one monia—pprotoring local public agendas
of initiation of negotiations and its respondent recommended the threshold conducting highwayi er d ighwamoreand the
relatiUnifoonship
Act.The two controlling paints available to any and all businesses;two Fhmmen pr were concerneds.Two
in this set of oircumatancet are the indicated concern,but had no threshold commenters were about the
action or actionsc of the agency and the number,and ten indicated agreement effect of the regulatory language on their
cur
action of the displaced person.There the 500 employee threshold, rent Procedures and practices.One
must be a clear,legitimate and i'iiWA's use of a 500 employee agency also referenceasked that the requirement
reasonable causal connection between threshold fora small business is in for a which te Agency
li any State
the two.For example,a tenant mating accordance with the Small Business an law exception
the Agency bef1 or 302 ofides
on the basis of having learned his Administration's current definition of Uniform a tict tb sdelete a dr i rias
landlord bad applied far a rehabilitation small businesses.Since thece. lead agency nrequest and in its
loan would not establish the tenant's the definition is to facilitatethe
purpose of State.the y peach
eligibility for benefits. State Attorney General to provide as
Section for j Lead The application of the small business opinion as to exceptions permissible
definition of'lead agency"adT inserted criterion to the eligibility requirements under State law.This would.then.be
at this point is the genc "was in for business re-establishment payments. provided to each State agency;
i, Preamble in h definitions.
sion red s theto the definition remains unchanged except presumably by the lead
followingoe new section numbers for the for the addition of the requirement that We believe the section on Assurances
definition is question, there must be at least one employee at reflects the latent of sections 210 and
Section In question.
Nonprofit rias affected site. Act205 of the Unifotm provides
• organization.The a was revisedtion 242(yf Unlawful occupancy, reasonable uniformity for all Federal
to recognize that a non-profit
The definition of"unlawful occupancy" agencies should not impose any
oiganisatior must,in a dei ition to having has been changed slightly to clarify its want er Hmensuming harden en
tax-exempt status under the Internal applicability.One commenter mentioned those •co
•aged with respect to the
Revenue Code.be appropriately that local custom.type°f'tenancy sari a eit er theted
a State agency's assurances,
incorporated under the laws of a State type of facilityr corse dictates different Neither Uniform Act nor this
practices in terms of dealing with ��:dictates the length(senteaae:
wa non-profit Set ion 24.2(o)SNod'ais ofintent to unlawful oa:npaalr.This has been repro)of a State agency's
acquire or notice of eligibility for addressed in the modified language.The that a rices,The Uniform Act requires
und
relocation assistance.This added main point of the other substantive that a=�8 "es that a rant
definition was discussed under 242(k). comments received on this defiaitlonbe regulation requires that assurances
1 pare eeof a toblish notice
of this
dosture la actually dealt with the retationshlp of "appropriate,"and Ina or displacing
to clearly erelocation a di b displaced
daperson's this provision to 124.200 Eviction for with aqui i 210 acct 30ti,per displacing
for re oc be understood that, cause.As these two provisions deal y fundingaautwench re to mines that
theHowever, should
such a notice os not with basic eligibility issues,displacing �asn otestY determines that
absence person suagencies should beespeciallyoassurances meet these requirements.
relocationdeprivethe benefits.of el Federyl funding the interrelationship.Isponse aware agencies ace it V likely that some State
agency.within its own program or comments,changes have been made Ian could provide operate ander statutes
project requirements,should develop a the eviction for cause provision which is exceptions not available to other State
procedure for the timely delivery of such discussed below at 124.206.While the agencies,we believe it necessary for the
notices to persons to be displaced, intent of this provision G to generally individual State
including those affected by activities proscribe certain types of occupants, agencies,on their which
undertaken prior to the commitment of suds as squatters.from eligibility for pprovid to identify any State law which
Federal financial assistance to the relocation tY sectio 3 t1.or with the ex Uniform
to
activity. paYmaata.displacing section 3tri or 302 of Act.
Section 242(p) agencies are permitted some discretion One commenter may have
Pmgrtaars or prefects where specific circumstances may misunderstood the relationship between
In response to comments from two w�t a that the
Federal agencies the definition of �� occupancy� the assurances and Subpart G;
"project"has been eed€ of - Certification.as well as the nature of the
jest" as ofreviand Because
y were on 2�xj utility posts.There assurances.';'he assurances should not
multiplicitytheiuprogry of and Federal ,a singleeight comments on this paragraph, be viewed as an alternative to
assiste on must five recommended the addition of the cation.If anything.It is the other
definition Each Federalnecessarily be exncy tremely cost of trash removal to utility costs. way around and.even then,the
continue to have responsibility for Due to the wide variance In local certification must address the
identifying its programs and projects practices for trash removal ranging from rogered ots of the aaifnrm Ad
that ere by the Uniform Act. "haul your own"to free government covered by the assurances if the
Section covered �bush A services,PHWA has not modified the State agaac'Intends to
number of respondealm courted on definition of utility costs.All costs sow assume bilines.The
the definition Warman briefness'." included are generally aimed by and It I ,Gas�er�ora.hedamental
Specific comment on!be y public and it le aatidpated'thatmost Stets
a,B will initially.p ... .
°r Federal Register / Vol. M, No. 40 / Thursday. March 2, 1989 I Rules and Regulations 8917
assurances to ensure compliance with make seeking a waiver advisable,we do require retention of records for 3 years
the Uniform Act rather than seek not believe it practical to provide or in accordance with applicable
approval of a certification application.A examples.Examples have a tendency to regulations of the federal funding
' State agency must provide these be both limiting and.conversely,to agency.
assurances,or obtain a certification.as serve as unreliable justifications or Section 24.9(c) Reports.Special
set forth in both the Act and regulation. precedents for expansive consideration and comment was
4 as a condition of receiving Federal interpretations. requested on the format and timing of
* financial assistance. The primary concern is that the this report.Four comments were
However,in response to a concern of waiver of a non-statutory requirement in favorable to both the format and timing
. the Department of Agriculture,agencies the regulation does not reduce any of the report.One comment agreed with
who acquire under the procedures for assistance or protection provided to an the formats but claimed the information
• voluntary transactions,or persons owner or displaced person under this was needed on an annual basis.Two
• without the power of eminent domain, part.There is little doubt that comments approved of the timing,but
k will not be required to certify under requirements imposed by the Uniform wanted the format changed.The final
section 305 of the Uniform Act Any Act may,necessarily.create some delay respondent wanted both the timing and
agency that displaces persons will have and administrative burden.Therefore.It the format altered.With the exception of
to provide assurances or be certified for would be inappropriate to grant a one suggested format change.to lump all
compliance with section 210 of the Act waiver based on the general proposition non-residential displacement'together.
The purpose for providing exceptions of delay and administrative burden.The the proposed changes are dearly related
to the real property acquisition Waiver proposal must be specific and it to the specific program requirements of
procedures in 124.101(a)is to make it must protect the rights of owners and the respondents.As such,it would be
clear that not all acquisitions are subject displaced persons and not be designed inappropriate to address these concerns
to the requirements of Subpart B of this to serve some convenience of the with revisions to a report intended to
regulation.The section is intended to requesting agency. serve,with as little burden as possible,
describe circumstances which would The proper implementation of this as source material for periodic reports to
exclude specific acquisitions from the provision of the regulation requires the the Congress on the principal activities
application of the regulation;It is not exercise of good judgement with proper conducted under the Uniform Act.The
intended to provide the basis for the concern for displaced persons. report format and timing remain
exclusion of an entire agency Program. Section 24.8 Compliance with Other unchanged. -
Section 24.5 Manner of Notice Laws and Regulations Section 24.10 Appeals
Two comments were received an this Two comments were received on this Section 2L1ab) Actions which may
section.which Is unchanged from section.One said the list of authorities be appealed. 0b) commews were
previous requirements is both the should include a statute which was received Several s cosection,The is were
Common and the interim Final Rules. already included.The second comment concern was that the appeal process
One comment approved of the suggested the inclusion of Executive seemed to extend to thequestionof just
requirement and the other comment Order 12630,Governmental Actions and
suggested that the notice to the owner of Interference with Constitutionally compensation.There are well
the Agency's interest in acquiring Protected Property Rights,and this has established procedures in place in every
property described in 1 24.102(b)also be been done. • State,and in the Federal government,to
personally served or sent by certified or This section was also revised to handle disagreements involving just
registered first class mail.No change emphasize that there may be other laws compensation.These procedures
has been made. and regulations to be complied within typically begin with the offer of just
Section 24.Q Administration o cin implementing this regulation and the list compensation and conclude.where
f I �'' provided is not necessarily all inclusive. necessary,with litigation.
funded Projects. What is appealable is found in the
Two comments were received on this On 24'9 Rec°rdkeepOiB and Uniform Act and the regulation where
section.whldi is essentially unchanged ep°r they refer to the aggrieved person's
from previous requirements,except for Section 24.9(o) Records.Four "application."This refers to the
the addition of the statutory comments were received on this section. application for the benefits of the
responsibility of the lead agency to One appreciated the provision for Uniform Act.The intent of the Act and
designate a cognizant agency in the confidentiality of records.Another the regulation is to require that there be
absence of agreement between Federal asked for the"established a procedure for appeals concerning the
agencies.Neither comment addressed requirements"for"adequate records." benefits or eligibility conferred by the
this change and no further change has The adequacy of an 'a records Is Uniform Act This provides an
been made. determined by the ab�f those administrative remedy for persons
Section 24.7 Federal Agency Waiver of records to demonstrate compliance with aggrieved by an agency determination
Section ions this rerdation regarding the agents as to his or tier benefits or eligibility.
acquisition and displacement activities. Normally this procedure would have to
Two comments were received which Two comments were concerned with the be completed before such parson could
were specifically related to this section. 3-year retention period for records.One seek judicial review.
One noted approval of the provisions as suggested an extension to 5 years. the Section 2L10(c) Time limit for
written,the second asked for some other suggested a period of 3 years after initiating appeal.Two commenters
examples of a proper justification,or the project is completed.There is suggested extending the tithe limit for
some basis upon which to make a nothing to prevent an Agency from initiating an appeal.The responsibility
decision.This section has already been retaining records for a period longer for setting the time limit rests with the
discussed In general In connection with than 3 years after final payment to,a Agency subject only to the constraint
comments on I 24.1.71aAnie of the property ora&or displaced pence. that it pot be less.then 00 days after the
gra atvarietR of si i itki t 1dch limy MINA ties amended the regulation to person redelves written notification of
r
` 8 Federal Register / Val. 54, Na. 40
J Thursday, Manch
• 1989 / Rules and Regulations
- 1 the Agency's determination
.1 the person's application or claim. federet .a,5,projects,V
applicabilitydefined at ?.4
z Section application
"to thegreotest extentinvolvement
•If Federal
• review appeal. Agency official to practicable under State law" em loanfrom
non-Federal-solely the ices,for of
Several comments were (emphasis loan s
i
received about agency appeal processes, thatsupplied),
!which la the same wordingsources,for
0 Ito the levels of review, ppsection 905 a example,the Uniform Act 4 not
and the official Uniform Act ( )of the applicable.
il! conductinglsthe and whether from the mean an agency��A interprets this to If an Individual a
` F oafficer.or another appropriate bearing compliancis legally
must comply If as a voluntary acquisition qualifies
eg y possible under transaction under
The appeal process fa an entirelyState law.This should be taken into i M•101( Subpart B
internal account in an agency's assurances do not apply.This mayb requirements
tf
process of an agency.The pursuant to 1 24.4(a). non-site important for
r decisions by the agency about the specific acquisitions.
process must only conform to these Utility companies as acquiring
It was elated in a co
regulations and whatever otheroagencies.—When the condition of comment that a
the Uniform Act,It Cargrese amended membership in a
` administrative rules which the definition of"Staff changed the cooperative may include as obligation
rule,menden must the �` son who has the authority to Provision hes been adder In L way
his or her rightsto advise person of acquire property by eminent domain 124.101(a)(2)to
aftero a
administrative seek
hearing review Un State law."Utility companies are d donet�0�that SubpartB
�rawted, oat common example non- trlbution of real amply if the
Having considered the gouanmentai entities which are granted cooperative is made by a��,to
FiIWA has el comureata eminent domain authority.The effect of meet the
act to retain 24.10 as this changewas,for thereq meat of membership
written. first tfnse,to egroameAts,contracts or bylaws.FHWA
Subpart B--Real p bring utility companies under Uniform believes that such cases,where
Ply Aaquiaftion Act coverage for certain of their members of cooperatives have agreed to
Z!t01 pro jells'
Section�u24 Applicability of Sixteen comments Were submitted as necessaryvide ewe!�a`0 cooperative
Requirements or en behalf of utility es. to advance the common
Section Z!r0r(oJ. a n'�eetLrg the viewsMerest of the members.are similar to
number n comments Thereon were section
many h+mdneds of individual concerns of voluntary
transactionsl or farather than to
which addresses the applicability of their asaodations, perativea, acquisition. or federilll funded
Subpart B and Title III of the Uniform and laws Almost all of these
Act.Most of the comments expressed a concern the possibleImps the Smote regulation appears to useless
COMMith limited scope of �B of these regolatiana upon which we op �,domsta law ander
conoen on,and severalrequested that rural cooperatives that may
s Appendixin A criteria found reoet�Federalfinancial assistance
d='Both serer�5 of the Uniform
a. f om die Rare!Electrification
Act and; ii1(c)of tics part make It
A interim final rule be included.
u, Administration ) dear that the real
property 1?HWA has substantially revised this cultnra(USDA).In the Department policies in me Act
based on the eommeato. section of the preamble is Subpart B of this part are applicable"to
section devoted to the comments and concerns the greatest extent ctt t w under
Voluntary transaction criteria have been of those totitfes.FHWA believes that
e
included.and a actio orion has been State laver'.Thla
added exempting coverage certain compliance with the Uniform Act and COm anco i+1e9 +ad fit Ie sot
real iransa from co crag re these regulations will not be as prohibited by State law,these
cooperatives propertyand their ns betweene dome as some of the commenters Previsions do not requiremecedents.or overrule
of Federal Fir mem resistance perceive it to be.In addition,as Cc State law r lity companies
is presencethe basic determinant financial
for discussed further below,one suggestion, Accordingly.utility withtpheies must
applicability,with exceptions provided exempting from coverage certain continue to eompfy the
for those acquisitions exceptions
tsansactlons between cooperatives and requirements of State eminent domain
f 24.101(x)(1}.(4), their members,has been adopted. law.Section 24.4(x)of this
Eminent domain authority is not a Following are the substantive Issues addressee the !
art
determining factor au horst; sraised in the comments,with an PHWA that must be submit s a envy of compliancene
any acquisition madey under the although reply. tie action)a the Federales e a one-
determining
domain is threat of he rule should be amended so ft providin8 mal
Subpart B clearly subject to would not a_ pply to electric ca a8 B Baa
requirements because such an a Guth iity exceptions
tt(c)addresaea the matter of
acquisition cannot be a voluntary � ly' A does not have authority excaptiaas to Subpart B provisions
t transactionhoexempt any entity or group of entities because of provisions of State law.
r Essential to the voluntary transaction an1e•Harr►ever.ns described A utility company a wish to
process hr some detail lat r,the
is the requirement that the re8alafonassi the ce In Fre aria its its State
owner must be intentionally provide much latitude and for assistance hi
the property i not ba ec9�dng that may
=a particular objective assurances in those on"where the
amicable agreement can be reached. 2.Y would appear that all of our to botheminent Slats domain law app$ss
However,even though an ecgaldtiorr
Hoy be e,even as avoluntaryacgtd project,and acqulsftions are covered by Utility highway T and they
may et ex aged sa mchoose tothe fin. company.The State highway
fallow the Subpart g Re There are certain conditions � �d know dEn ever dthe
Process. that must be0e°aafence seed to ba
Sact�iorr KW:(fiJaad[c�Certain __ present before a utility gmtlif)ed because of Slate law.
clarifications have been made In thew requirements.Maul with Subpart>! t Wes d 1 {
port
aecIions,The change Inc fid. must be P financial r as I than d atthe an l sated
!Anna=Hated
,v
Federal Register / Vol. 54. No. 40 / Thursday. March 2. 1989 / Rules and Regulations 8919
�r ,
in i 24.103(5)when the property value many alternative locations available, fraud waste,and mismanagement Is
exceeds$2,500. and one of the owners will usually be readily apparent
';, Reply:That is not the intent of these happy to sell a satisfactory site. The reader la directed to the
sections.Under the appraisal waiver Reply:It was this kind of situation discussion under 124.104 in Appendix A
provisions of i 24,102(0(2),the utility FHWA contemplated when it developed for further information.As stated there,
' company has the option of not making the voluntary transaction policy and in low value,uncomplicated situationo a
an appraisal if the value is estimated to criteria found at 124.101(a)(1).If an signature may suffice as the reviewer's
i be less than$2,500,and the valuation acquisition meets the criteria,Subpart B statement.
! problem is simple and straightforward. requirements do not apply.
_ See the preamble discussion of that 8.Section 24.102(j)regarding a deposit raised The foregoing discussion of issues
section for further information. with the court is in conflict with our assist t n the comments as idtoth es to
4 Under the appraisal standards in State law on various points.State law assist utility companies and others in
1 •24.103(a).the utility company specifies a different place for the the implementation of these regulations
and to describe bow the impact of these
essentially determines its own appraisal deposit,and is likewise specific on how regulations on cooperatives will be
documentation standards and policies. the amount of the deposit is to be limited.However.it is possible that
particularly with respect to acquisitions determined. there may be other questions that have
which do not require a detailed Reply:The provision comes from not been answered.We encourage any
appraisal.The intent of this provision is section 301(4)of the Uniform Act.and.
further comments to the impact
to match the extent of the analysis and as noted above,is applicable to the of this regulation omment on rural electric
documentation to the complexity of the greatest extent practicable under State cooperatives.Any further comments on
appraisal problem. law on federally assisted projects.If thiso erativesubject will be wiperconsicom antnd.if
in difficult,complex valuation State law prescribes a different process warranted thew regulationbwilld be
situations,124.103(1)requires there is no conflict because State
preparation of a"detailed"appraisal, eminent domain law prevails.See also amended and/or the discussion in the
and specifies the minimum content of (l 24.4(a)regarding assurances. preamble will be supplemented.
such appraisals.The minimum content 9.just compensation in our State is Most if not all.Federal financial
specification apply only to detailed based on the before end after rule, assistance for utility companies comes
appraisal reports.Several commenters rather than the take plus damage rule.If through the REA of the USDA.FHWA
missed this point we were to appraise damages intends to work closely with
Finally,there is no necessary separately,as seems to be necessary Departmental officials in effecting
connection between the$2,500 appraisal under I 24.103(ax5),the appraisal would smooth implementation.
waver ceiling,and the need to prepare not be admissable in court Section 24.102 Basic Acquisition
a detailed appraisal report The decision Reply:The language in section 301(3) policies
on when to secure e a detailed appraisal of the Uniform Act recognizes the
f lies primarily with the utility company. differences in State law on what Section 24.102(cX2).This section
based on its assessment of the situation. constitutes fust compensation.It was addresses waiver of appraisals.One
5.The regulation appears to require not FHWA intent to force a different comment said agencies should have the
that we contract for the services of appraisal process.This oversight has latitude to decide not to obtain an
independent appraisers,even though we been corrected by the addition of appraisal where property maybe
have well qualified appraisers on our "where appropriate"to;24.103(1)(5). donated without first obtaining a release
staff. 10.The requirement for a review from the owner.
Reply:This is incorrect The use of appraisal in 124.104 should be deleted The Agency has that discretion for the
staff or outside personnel for appraisal except for high value situations. under$2,500 value category.A prior
work is entirely at the discretion of the Reply:FHWA has not adopted this release is not necessary.However,the
utility company.The only policy which recommendation because of the FHWA does not agree with extending
addresses this issue is I 24.103(d),which importance we place on the appraisal that same policy to all donation
essentially states the appraiser must be review function. situations.An owner may want an
qualified to perform the work.. The comment indicates there may be appraisal and an offer before making a
9.The regulation appears to require a misunderstanding.Section 24.104 does decision to donate,and it is only fair to
that we give the owner a copy of the not require an appraisal by a reviewer maks the owner aware of this option.
appraisal.which will hinder (although the reviewer may choose to do
Onegotiations. so because of an inadequate appraisal the matter of establishing the
Reply:The regulation does not require report).Rather,this section is intended dollar threshold at 52,500,four stated it
that the owner be given a copy of the to require a review of the appraisal or was too high,seven said it was too low,
appraisal.In some cases this Is a matter appraisals on a property. and ten stated$2.500 was acceptable.
of State law,but in the typical situation The review is an essential part of the FHWA has decided to retain the
it is a negotiation policy decision at the process of establishing the amount of proposed threshold.
discretion of the Agency. the offer of just compensation to be A commenter raised the question of a
In I 24.102(e),the owner la required to made to the owner.la simplistic terms, review where no appraisal has been
be given a written offer and summary the reviewer checks for errors of fact. made.Other comments questioned how
statement which.in very brief terms, consistency of value from property to an Agency is going to know if an
amounts to a description of what the property,and general adequacy of the acquisition is worth less then$2.500 in
offer is for.A utility company may wish appraisal as a basis for the offer of just the absence of en appraisal.
to contact the State highway agency and co ation. Section 24.102f c)(2)contemplates that
obtain a copy of its summary statement Wherenthere is only one appraisal.the an informed judgment will be made by a
form or format for use as a guide. reviewer is that critical second party qualified person.While it is not a
7.These regulations are not - involved in the of setting the regulatory requhement.prudence
a jpx use f n o amount of We o�The association suggests the-valve Calculation bo is
- stadenfifes.Gen are with I24.4(c)eigardEaS rantionof writing,andbelstainsd ys•.rc.,c
8920 Federal Register I Vol. 64. No. 40 / Thursday, March 2, 1989 / Rulers and Regulations
Oa the matter of a review:Under Section 24.101 Review
i 21.102(d).the Agency is required to of appraisals used In determining the owner's
make a written oor.Offer letters are Section 24.201(b). In response to a compensation.Neither of these
generally signed by someone at the comment.a minor editorial clarification suggestions have been adapted
mage levee It V general FHWA the
been made to this section regarding Specific language concerning
Pommy to have not less than two people the role of the reviewing appraiser in advertisings
involved in setting the amount clan
establishment of the Ageser to section lar that i t of
offer of just compensation.This process Just Compensation. of the e,Uniform
not Act maitre it dear that
would constitute a review where no some.if not all,signowaers should be
appraisalSection 2t.ig5 Acquisition of Tenant- entitled to moving and related expeasea
is made.Precisely how such owned Improvements under section 202 of the Uniform
matters will be handled la within rather than to Act
Agency discretion. Four comments expressed a concern eompeaaatioa for a sign's
A few comments objected to waiving with the matter of adequately protecting acquisition under sectieta 902
the rights of a tenant owner of
an appraisal for any reason.An Agency Furthermore,that language in section
has no obligation to waive the appraisal improve r. One of these comments 1 �)wee mended la the HIV an acquisition if it prefers not to.
recommended specific reference to
Amendments m broaden the benefit
tenant owners be made at many points avallabie to signownets under section
Section AIM Criteria for Appraisals within Subpart B. 20E.For many Yeats.FHWA has
FHWA has made no change because reconciled tire ape irk
language described how it intended to integrate it believes tenant owner interests en 101(7KDJ of the U ig
Section 24.103(a).24.103(a).One Agency
Act and
f e appraisal waiver provision in adequately protected.The language of t e more general language g
02(c)(>;)with this eectionea Subpart B is based ore the premise that ff tenant imm
proveents in section Sod of
appraisal standards.Many other a tenant can demonstrate an ownership the Act by providing that an advertising
interest in real property.that person 1s sign coatidered to be personal pro
comment is seuemeatrred here for an owner of real property to be acquired wider State law should receive the
variations are also possible,but the
purposes of illustration.In brief. for purposes of this regulation.and is to relocation benefits Provided by section
negutators wilt be instructed to dearly he treated as arch. 202.and if considered to be reed
explain to the owner the right to have as SoGuon 24105(c).Five commentzw
property.It shobe acquired In
appraisal made and in no way pressure stated that contributory value or salvage accordance withection 302.MINA
the owner to sign a waiver;acquisitions value measures of COCOPeOlati011 to a believes this is the most reasonable
veined between£500 and gum are to tenant owner are not fair and equitableMtMistreated=of the
be provisions of the
supported by sales in the project when the appraiser finds that all of the Uniform Act,audit coniinnee tp be
area,and wig be approved by a review value ie in the land,with no value 1egcated fa this final r�dattribueto improvement As a a
under described,prior
Agey innards to o osection
more than the=aim=Aa appraised 'value in place" ed a baa»(bj[il the greater
that
world always be a property owner compensation be added to this section. its o nirib y akla to the greater of
beop sue'some value documentation will FHWA appreciates the difficulty this its property
or its
varmarket red
requirement and a reviewer's circumstance presents.but the ProPe or ib"fair veers• • •
approval is necessary in certain provisions of Section 302 of the Uniform for removal from the real property."
circumstances.This description is Act do not permit it to accommodate the FHWA Interprets this phrase to mean
intended to illustrate the latitude an recommendation.gectian 302 specifies that removel of the sign must be taken
agency has in implementing the contributory value,or value for removal into consideration in determining"fair
provisions of this Subpart. (which has been implemented as market value for removal,"and believes
Section 2e103(aXa).One comment selvage value)as the measwrea of this L dons in I 24.106 and 24 2(n.)of
recommended the requirement for a 5- compensation, the regulation.
year sales history be cut back to two or However.there is some latitude
three years.This recommendation was available under!E 24.105(a).Pay Subpart ant" neral Relocation
not adopted,primarily because it under"other applicable law"could mentRequirement"nts
applies only when a detailed appraisal include provisions of State law end/or Section 3L203 Relocation Notices
is necessary.When a detailed appraisal relocation assistance benefits.Also,
is not necessary,the agencymay seta contributory value can be viewed ons Section 24.203(0).A comment was
different standard. temporary baba fa the valuation received that the term"as soon as
Section 24.104a)(3).A comment estimate process.FHWA believes the feasible"was not sufficiently specific.
recommended that a statement be added basica arrive V FHWA considers this term to mean"as
to the effect that the payment of an amount soon as practical"and does not believe
appraiser must of compensation which ie just.
explain the absence of more recent sales reasonable,and fair that any further elaboration is
data when the sales used are over 9 Two comments were received from necessary.This comment and several
months old.This is viewed as a good representatives of the outdoor other similar comments addressed to
business practice on the part of the advertising industry.Both comments this section may have merit in
appraiser,but not as an essential focused on the way advertising signs aro individual situations,but do not
regulatory int
Section require).Three comments treated by ii�(q),24.106.and necessitate changes in the regulations.
recommended nded an).'sate coIn thents2e,�(e)of the regulation.They Displacing agencies may wish to
clarify
rthresholdecomme from fiL e to eI dollarsuggested that,pursuant to section 302 particular mitten that are of concern
pervon_both d the Uniform advertising them be their operating
the same 31ra1'EI n appraise end covered by the Uniform Act bei Section instance to
aoLadopted acquire •d � 11+�1n*"response to one
of
this
the • bn +nd t �'vatse of-ar intent to comment, at s al-relocation
a
increase Lootwideaprs -,;,; signb plsos before removal should ha • hashers
Yx 'y
,j-tb • Federal Register / Vol. 54. No. 40 i Thursday. March 2, 1989 Rules and Regulations ma
A `- ' M go Relocation Planting, initially occupies property after it b 1985 Federal Register.Section 7�i.33}7
0 Sur vzc es,and Coordination acquired bythe agency is squired by continues to allow agencies to deduct a
the statute.Therefore,it cannot be person's unpaid rent owed to the
:i �' •'- on es 24205(0Relocation
comments deleted as recommended by several Agency from the person's relocation
`.�" ' relocation planning.Most commenters.These persons are not payment in cases where it will not
,. .,� displaced persons,but are eligible for prevent the person from obtaining a
j , to favor of the planning concept. advisory services. comparable replacement dwelling.gine
#�w, . were concerned about how the relocation is to be
.'�* tion ply could hinder project Section 24203 Eviction for Cause considered income payment(1 24.20B)isnot cad e
IopmenL The relocation planning In response to comments,this provided for theparticular
is
" . by this section should be a foal rovision has been modified in several purposengforof
assist in the orderly development of a P obtaining replacement housing far the
ed and should be considered in this respects.HUD.in its program displaced person.it cannot be released
i° V j both the displacing agency and regulations dealing with displacements to other creditors without assurances
= '. it by caused by other than State-agency that comparable decent.safe,and
[undies agency.FHWA believes that acquisition.has to recognized eviction
� �.ohs q ng �� sanitary housing will be available to the
- tri diagacing agencies are well aware for carie as a basis for denying displaced n.
,, i' of the Program er ptnjad benefits which eligibility for relocation benefits.Now p
.''';.' Can be derived through early and sound that the Uniform Act and these Subpart D--•Payments for Moving and
' -'relocation planning and many agencies Implementing regulations apply to this Related Expenses
=, a remedy use comprehensive PieunwS broader array of displacement activities, addilioa to comments on•`•°• - techniques in project development.We it is necessary that valid evictions In
do not view relocation planning as a continue to be recognized as a factor tube changes,a mallet of
complicated,time consuming activity. that can ex shtentialreceived on this subpart were requests
Pa rights to for clarification.Ordinarily.suck
�= We see relocation planning as a process relocation payments. clarification would be provided by
,; which provides meaningful information At the same time.It is important that technical advisory guidance.However.
• to program and project dedsian makers. otherwise entitled persons not be denied to be respaasive to the rets,we
..'...1-..' It does oat need to result In a detailed
relocation payments by nee eviction have swsua oized the answers to coins
• docummK oontahniag unnecessary data undertaken far the purpose of evading of these below.
and needless problem solving.Instead,it an obligation to make relocation 24.308 la the NMI has hese
should be a process which is asroped to assistance available.or for minor renumbered as jj n the
asci II bee4 n
the complexity and nature of anticipated violations of a lease. been renumberedberedas 24.304 ta.�OB to
program or project relocation activity Accordingly,this final rule retains theamide
'R- and should not require a burdensome major thrust of the eviction for cantle a better grouping of topics.The numbers
commitment of Agency resources. section,which has been a-part of the used below ate dross used in this final
` language emphasizing this has been governmentwlde common rule since rule. •
added to this section.In response to 1988,that persons lawfully occupying Section 24.301 Payment forActual
several comments,there is no property at the time of the initiation of Reasonable iiovlig and Related
requirement that planning documents be negotiations will continue to have a Expenses--Residential Moves
submitted for approval to the funding presumptive entitlement to relocation
agency at any stage of a project or payments. Questions were received about
program.Planning is the responsibility However.modifications have been payment for the storage of personal
of the displacing agency. included to clarify that payments may Property covered in j)24.3011d).As with
Section 24.295(c) Relocation be denied in certain circumstances. all other moving expenses.the Agency
assistance advisory services.Several Thus.a person who is evicted for cause determines what storage coats are
comments were received concerning prior to the initiation of negotiations reasonable and necessary for a move to
relocation assistance advisory services. may be denied payment even if that take place.If the Agency determines
Three comments objected to the person vacates the premises after the storage to be necessary.the costs of
requirement to provide transportation to initiation of negotiations.In addition. moving the personal property to and
inspect housing in 124,205(c)(z)(ii)(D). persons who seriously or repeatedly from storage would also be eligible foe
The provision is not new and has been violate material terms of the lease or payment.Boarding of animals is not
a part of the common rule for occupancy agreement may be evicted considered to be storage.
implementation of the Uniform Act since even if the eviction proceeding is begun Section 24.302 Fixed Payment for
that rule was arst promulgated by DOT after the initiation of negotiations. Moving Expenses—Residential Moves
on March 5,1985(50 FR 8855(19851).It is In either case.the Agency most assure
the obligation of the displacing agency Itself that the eviction action is not There were numerous comments
to assure that both owners and tenants undertaken to evade the protections of canCerning the$50 fixed payment for
are able to inspect the housing to which the Uniform AcL Such eviction for cause moving expenses provided in§24-302.
they are referred.There is no evidence circumstances should arise only FHWA has clarified the language of this
to suggest that this service has been infrequently and Federal funding exception to apply only to persons with
abused by displaced persona agencies will be expected to ensure chat. minimal Pew possessions who are
Section 24.205(c)(2)(iii).At the this provision is not misused. in occupancy of a dormitory-style room
suggestion of one commenter,the words shared by two or more unrelated
"comparable and"have been removed Section 24107 General persons,or a person whose residential
from this section.The emphasis is on the B9uiretnents—Claims/or Reloaad" move is performed by an agency at no
Payments
identification of suitable property expense to the person.Thu language is
locations for business and farm Section 24.3070) Deductions from also reflected in the moving expense
operations relocation payments.This section has schedule which is published by FHWA
Section 91.904cIIJ(ni1.'Ms provision remained the same as was published as elsewhere in this Part II of today's
.+of adebory entwines to o person oho part et the common rake is she March 9. Federal Register: - • -
y
8922
Federal Register / Vol. 54, No, 40 / Thursday, March 2, 1989 / Rules and Regulations
Section 24.383 Payment for Actual casts Incurred.The Agency may use Section 24.308 Fixed Payment for
Reasonable Moving and Related moving costs findings prepared by Moving Expenses—Nonresidential
Expenses—Nonresidential Moves qualified staff,estimates obtained by Moves
Sections 24.303(0(3)and 24 304(a)(4). the Agency,or if acceptable to the Comments were received from 20
Pour comments asked for clarification of Agency,estimates obtained by the sources an this section.
the difference in treatment of utilities in business or farm operator.A single Recommendations were made to pay the '
these two sections.The expenses for moving cost finding for a low cost or fixed payment as an option to a
providing utilities under 124.303(0)(3) uncomplicated move prepared by business with no criteria or.conversely,
are those costs incurred to attach qualified staff is a"single bid or to pay the fixed payment only if the
relocated personal property to utility estimate"for purposes of this section. business was discontinued.The
service already provided on-site,such as additional criteria added in the NPRM
electrical boxes,gas meters,and water Section 24.301 Reestablishment were also commented upon.Several
meters.Modifications to the equipment Expenses—Nonresidential Moves wanted to add additional criteria.One
or to the on-site utility service may also commenter wanted different criteria far
be eligible,if necessary.These costs Twenty eight commenters provided farm operations than for businesses.A
must be necessary to reinstall personal comments on this section.While number of comments were received that
property that has been moved from a generally in agreement with the list of would make the owners of residential
displacement site or newly installed at eligible expenses in 124.304(a),the property ineligible for this payment.
such site and would generally only majority thought that the dollar limits Others thought that the owners of leased
benefit the relocated business operation. should be removed from the three commercial property should also be
Section 24.304(aX4)provides for making categories where limits are imposed.We ineligible.
electrical and other services available to have elected to retain the dollar limits FHWA has not changed this section.
the replacement site.These costs may which serve as cost controls for
be necessary to make the real property expenses which we believe to be most The fixed payment is an alternative to
suitable for the business operation and vulnerable to abuse.Since ft is thethe reestablishing
for moving and
a business, or farm.
could generally enhance the value of the Agency's prerogative to determine nonprofit organization.The new criteria
real property.Costs under 124.304(x](4) which reestablishment expenses are are added to either eligibility.
ars limited by statute to$10,000 for all reasonable and necessaryimplement
w
reestablishment expenses.Costs ander and since correct inequities,or Imp entsnt new
1 ess) 31 are expenses.
. what is 124.904(x)(13)allows the Agency to statutory exclusions as explained in the
necessary,without dollar limitation. request a waiver from the Federal preamble of the I�ItM.The displacing
Section 24.310o(a)o) There were funding agency within the 110.000 agency retains the flexibility to
several comments about re re erireg of statutory maximum,there is sufficient determine the basic eligibility based on
signs and replacing stationary made flexibility provided to the Agency.On the substantial lass of existing
obsolete as a result of a move.This the other hand,the stated limits of patronage aiteria and gains criteria that
section covers those business items 05,000 for increased operating costs and can readily be explained to displaced
typically used by a business for the 111.500 for exterior signing are persons.
purpose of advising its customers and considered to be reasonable in most There Is no requirement now,nor has
the public of the location of the cases,and may assert a business owner there ever been such a requirement,that
business.If a displacing agency in making appropriate decisions about a a displaced business must be
this ers other items appropriate for new business site and the size and typeSdiscontinuedithipayment has to receive been and
category,it may use the waiver of signing for the new business site.The continues to be available to otherwise
procedures in 124.7 on a case-by-case inclusion of increased costa of eligible businesses that do discontinue
basis. operations as an eligible expense in
operations.There is also no re
Section 24.303(a)(1O).One commenter 124.304(a)(10)was also commented that a business be without a ret
source of
suggested that an acquiring agency upon.The Uniform Acts legislative
could become responsible under the history supporta the inclusion of these income as suggested by three
commenters.
requirements of this section for expenses.Since the costs of operation
abandoned personal property that could are legitimate reportable business Eatablishiag separate income and
be considered hazardous material.This expenses,the income tax records of
payment criteriafor farm operations
U not a Uniform Act issue,but an issue most businesses should be adequate to would not be apappropriate et this time.
typically governed by Federal or State provide a record of such costs prior to There were several comments
laws governing the proper disposal of displacement The costs at the new concerning the perceived inequity of the
hazardous material. ineligibility of owners of rental
Section 24.303(0)(13).Two comments location can be established or estimated residential property for a fixed payment
stated that the$1,000 limit on the coat of using such sources as the new leases, while owners of other rental property
searching for a replacement location utility company projections far utility remained
charges and taxingauthority eligible.l'!'lWAhas corrected
was not adequate for some business and records for this inequity by,generally,excluding
farm tions.Thetax increases- owners of rentaleligibility
may use a thethwaiver procedures in I agency Section 24.304(b)(0).This section has for non-residential propertyxd payment b�
on a case-by-case basis if a displaced been deleted.The 1987 Amendments Section 24.308(d) Nonprofit
business or farm operation has unique exclude"a person whose sole business organization.There were a variety of
requirements or circumstances. at the displacement dwelling in the comments concerning the minimal fixed
Section 24.303(c).Questions were rental of such property to others.."
received about self-moves of business or from qualifying for an In lieu" payment is lieu of actual
payment moving expenses.Most of them favored
farm operations.This section does not (see§24.308(0)(41).This exclusion. Increasing the payment available to
preclude actual cost self-moves however.does not eactend to nonprofit organization&in response.
supported by records and receipts of the roestab]ishmeet=Penn& ... PHWA has revised the payment to
„,,:,, ';,d.4:-
-
':',1.:2.7- faders' Register / Vol. 54. No. 40 / Thursday, March 2. 1989 1 Rules and Regulations rf
-.: , prganizations to range from Conference Report.that utilities would use than the"date the displacing
n obligation
�- Wi �gep,0Q0 hexed on criteria continue to pay those ordinary age c7►`s under 124.204 is
-' - bu�esses.i.e.the average relocation costs within their reasonable met”and has been retained where
to
=j` , revenue fore years minus contemplation as occupants of local feasible.
. „ e nses. Ma procedure will rights-of-way • • '"FHWA believes Section 24.401(d).'Thirty-one
equitable for nonprofit the language of this section will allow a comments were received concerning the
�*dons. utility company to present its case for method for computing increased
i. :,,.',$*'.,-.a 24308(e1 Average annual net those expenses which it considers to be mortgage interest payments.The
b� of a business ar farm "not routine or predictable"and not commenters were about evenly split
iron.Several comments were ordinarily budgeted as operating between preference for the buydown
method aspresented in the bodyof the
*e-,,,m.-,ved about the computation of expenses.
4i,
;• . annual net earnings when Four comments urged removal of the NPRM.and the buydown method
-..'1.,,e;- ,ass or farm operations suffer a net provision which would exclude from presented in the preamble.A few
f;•,174, .- For any year.'lhere are several extraordinary expenses those expenses wanted the option of using the former
„, to compute net losses.Some which the utility company has explicitly annuity or amortization method if it
, es have used"0”if the net and knowingly agreed to bear as ashouldprove less expensive for the
7' Svgs result in a t loss.Other condition for use of the right-of-way.
.
Agency-
'..." duse e tba actual
neout toss figure. Again the language
of the rule The dismission'in favor of the
" mer method is acceptable if used represents the clear intent of Congress simplified buydown method presented
,-f...neon*by a funding agency. as expressed In the Conference Report in the preamble emphasized the cost-
accompanying the 1987 Amendments. savings and time-savings to the Agency.
24,307 Discretionary utilityWhile we are co ant of the end the ability of a displaced person to
Relocation 1a'menta concerns presented by the public utility plan his or her replacement housing
A few respondents urged that the industry.we believe this rule dearly purchase knowing the full amount of
reimbursement of extraordinary expresses the intent of Congress,and.as payments to which such person la
. expenses be made mandatory.while a consequence.jj 24.30704 is unchanged. entitled.The view of these commenters
r. several others indicated the should ba Subpart t3—Replacement hawing was that this would not create a
6 riven the displacing agency
r0. retained.The discretionary language. payments windfall because the displaced personstill had to acquire a decent.safe.and
.,'. "the displacing agency may.at its Section 24.401 Replacement Housity sanitary replacement dwettin$to be
option."has been retailed because the payment for180-,pay Homeowner- eligibly:only the financing terms were
1987 Amendments and the Conference occupants his or her choice.Several comments
Report accompanying them are quite[--, ware also made that the displaced
V intended to be Section 24.401(x)(2).Several
dear that this payment comments were received about the person could readily understand the
displacing. at the discretion.or option,ad the extension of eligibility for a replacement concept that subtend.rate at less than
agency.makeIt would not be housing payment beyond one year for current market Interest rates was an
appropriate to which mandatory eaby good cause.In response.the meaning of asset and the computed payment was
i regulation that was left clearly forgood cause"has been amplified in related to this fact.
permissive by statute. On the other hand,those comments
Section is objected.A number of the appendix. that the language the body of
respondents to the language in Section 2f.401(a)(2Ni).Comments the favoredPRM were laconcarne in that a
the NPRM which requires that State or were received about the appropriate windfall would be created if a person
local reimbursement be"permitted by „start"date for the one-year eligibility
State statute."The principal thrust of for a replacement housing payment in paid cash for the replacement dwelling
the objections was that this language the case of condemnation.In response or assumed an existing mortgage at a
meant that unless there was a specific FHWA has clarified that the one-year lower interest rate than the computed
State statute permitting the payment.no period starts when the full amount of rate.There was also a question of the
payment could be considered.FHWA estimated just compensation is legality for the preamble alternate.and
agrees that the proposed language could deposited in the court.This may be the concern that making the payment
be subject to misinterpretation and have Agents Proffer amount or a available on terms other than those
revised the subsection.to provide that commissioners'award.if appropriate.In actually used in the purchase of a
reimbursement must be"in accordance either case.the Agency does not need to replacement dwelling would not satisfy
with State law."This conforms to the delay the one-year start date until final the statutory language.
1 clear intent of Congress.as expressed in adjudication. FHWA has elected to retain the
the Conference Report that Section 24 401(a)(2JI(li).This section procedure in the body of the NPRM.This
accompanied the 1957 Amendments. has been changed to conform with the procedure a requires that an estimate of
Section 24.3Q7(b)Extraordinary amendments of section 203(a)(2)of the the amount of the payment be provided
expenses.Six comments expressed Uniform Act made by section 409(5)of to the person.Such estimate shall be
concern with this section's definition of the 1987 Amendments.Several based on the current prevailing rate for
"extraordinary expenses."Three of the co>nvenb were received about the fixed-rata mortgages and subsequent
comments recommended changes which differences between the criteria for payment based on the actual mortgage
would permit certain expenses,even eligibility for 180 day owner-occupants terms obtained.This process will
though ordinarily budgeted.to be and 90 day owner-occupants and require advisory services to the
considered as"not routine or tenants.The change in criteria for 180 displaced person to enable such person
predictable expenses"and.therefore. day owner-occupants is statutory.There to be prudent in the financing of his or
qualify as"eoctraordlnary expenses' is no requirement that changes be made her replacement dwelling.
FHWA has not adopted there in cited'for 90 day owner.occupents In response to comments received.
• recommendetldos.lt Is Ilse expressed and tenants.The gab the displaced , FHWAIIss revised 12Ub1(d,2),
11
- - bleat of bred hilts- m
person cveirl a spat crltedon to ` adopting the language in I
tilo' -'.14?-72-.:!1;P:,r� r
• 8924 Federal Register / Vol. 54, No. 40 / Thursday. March 2. 1989 / Rules and Regulations
of the common governmentwide rule,to The first issue was the inclusion of the do agree that some tenants voluntaril
provide that the payment shall be based coal of utilities in the computation of the elect to spend more than 30
on the remaining term of the mortgage rental assistance Percent o{
a
on the displacement dwellingF yment.The their Income for housing when more
or the inclusion of utilities has been an ongoing affordable housing is available.
actual term of the new mortgage. issue since the Publication of the However.FHWA believes these lifestyle
whichever is leas. common rule in 1985.Since that time, choices for convenience,prestige or
Many of the same commenters who utility services have been included in other reasons to be the exceptions,not
preferred this method did not think that the computation of a rental assistance the rule.Consideration must also be
their agency could make the increased payment if they were included at the given to the fact that private lending
mortgage interest payments at the time displacement dwellingand/or the
of dosing because of their payment comparable dwellinginstitution requirements set the reit as
as a part of the the monthly cost of housingafter
procedures
or the loan processing rent.FHWA recognizes the concerns of purchase of a dwelling at proximately
P lending institutions.In the current 14 commenters about the the same level as the 30 percent of
I
response,the final rule has been revised increased administrative burden for income criteria established for tenants.
to provide that the payments must be securing information and the variables The inclusion of a
made"at or near"the time of closing. In utility usage due to differing user person'shlrentfigute in
However.the implied purpose of the lifestyles.These concerns can be waalsocomputing a opposedbaeby several figure
increased mortgage interest costs addressed in various ways.One was also i
payment is to reduce the replacement commenter suggested that a schedule be COmmea perceived di The bigget concern wan a
mortgage;therefore this payment must devised for utility costs with the in ut of incm difficulty an the verification of
be available to lower the amount of the utility companies in the protect area that accept c t and a infoimplrmation
ion from
a to
mortgage in a timely manner,preferably will reflect actual,reasonable costs. displacedcpm'insFHWA same
at the time of the closingaccuratepersons.ti believes income that
on the Another agency suggested that if true information concerning
replacement property.This procedure comparables are used for payment can be obtained from most
ff
does quire ose[c coordination
ationelTith a determinate the absutility their costs shouldosithere is obvious evidence that
closingalso be cohas more income than
than the amortization method.The should not increase the cost of reported.it is the
agencies who thought they would be replacement housing.Relocation from a Agency's prerogative to accept the
most successful using the bay-down substandard dwelling to a standard �e reportedi to requesto
procedure were those who used escrow dwelling could.in fact,decrease the cost including
ncluadditionalgincomeictax returns,o insor
accounts to make funds available to of utilities,especially the cog of heat infor�hmi tax then or to
displaced persons. unless a larger dwelling is used to meet the person that there Is
There were sten several comments the needs of a family.or if all utilities reasonable doubt that the information is
about home equity loans and the
were not available in the displacement accurate.providedIf the income id as requested.
inclusion of these mortgages in the dwelling,as noted by another not or take such
as requested,
computation of the increased mortgage camtaeater. the Agency may take such action as it
Agencies may establish their own
interest costs payment.Home equity deems necessary to obtain income
loans are valid mortgage liens on P dares to be used for determiningInformation under a uniform agency-
residential real property regardless of the cost of utilities If the procedures are wide or area-wide policy.
how the proceeds from the loans are used uniformly. Section 24.402(b)171 Manner of
FHWA is continuing to include disbursement.Eleven comments were
used Therefore,they must be included
in the computation. utilities in the monthly base housing received concerning the vesting of the
In answer to another comment,the computation because utilities are full amount of the rental assistance
mortgage to be used compute the considered to be an integral part of Payment when the displaced tenant
mortgage rate to be tot coats monthly housing coats and historically receives the first rental assistance
payment when the property ,secured have been treated as such by several payment,either in lump sum or as an
with an adjustable pate thFederal programs Including those installment.Most of the comments took
withinterest n rate mortgage administered by HUD as a standard exception to the idea of vesting.
property athat the date current on theion practice'The existence of adequate The vesting of the full amount of the
A er y es computation et of qct increased utilities is a primary requirement for a rental assistance payment le intended to
mortgage interest costs of an i b dwelling to he decent,safe,and establish at a definite point in time,the
mortgag in die A.as s� full amount of the payment for the 42
in a ded in of commenters.An IBM requested PC The 30 percent figure used in month period after displacement.
by
a numle computer entesand '0�](2](ti)to determine base Vesting eliminates the red-tape
compatible
le computer
or r program instructions will be monthly rental is considered a requirements of recordkesping, re-
financial
made avcalcul to instru t reasonable percentage of income to be Inspection.and recertification of the
soon as feasible. guidance as applied to rental housing costs under replacement dwellings,and continued
current market and economic contacts with the displaced person and
Section 24.40.2 Replacement Housing conditions,and is consistent with the the person's landlord that would
Payment for S0Day Occupantspercentage of income figures currently otherwise be necessaty.It also
Section 21.4Qz1a11Z1(llJ(A).The changebeing used in other subsidized housing eliminates the potential problem of
the and related programs of HUD and other additional project costs as rents are
made in I 24.401(a)(2](i).concerning
deposit estimated just compensation.
Several commenters stated increased or new DSS dwellings need to
d made of e also. , that,In their experience,many tenants be found for those who no longer live in
Section r are now paying40 percent or more of standard housing.FHWA understands
lb) Rental assistance their incomas for housing costs.Our that the same pommeeteraere
payment.There were numerous concern is that the 40 percent payments concerned About the diversion of.lump
comments about the ch4nge,made in , primarily reflect the lack of affordable sum rental aselstanca
this aadioa. ymesati for non-
rental housing in the current market.We housing uses,and a rn�t return of
4!I,, Federal Register / Vol. 54. No. 40 / Thursday. March 2. 1989 / Rules and Regulations 8925
`..e displaced person to sub-standard computed rental assistance payment is Section 24.404 Replacement Housing of
' tag.One way to effectively provide zero,then the downpayment assistance Last Resort
, tallment payments,either to the is zero unless the agency has elected to There were 13 comments on
,..placed person or to the person and make downpayment assistance
, replacement housing of last resort.
.rte persons landlord.without payments of up to$5.250.If their
.. `continuing agency supervision.Is to eligibility is greater than$5,250 for Severaleof housingncerned the last requirementbethat
.y place the payment in an escrow account rental assistance,they will be eligible the use hohsing of resort be
- drat will be disbursed according to a for housing of last resort for rental justified.
im oorttaantSforh justification V considered
pre-determined schedule.This method assistance or downpayment assistance. management andteis consistentprowith the
could also serve for disbursement of As is required by statute,eligibility for requirement.added by the 1987
housing of last resort payments,which owners of more than 90 days but less Amendments.that any payment
are also vested.The method of than 780 days for downpayment provided for housing of last resort that
disbursement remains the Agency's assistance will be limited to the amount exceeds the maximum amounts
= discretion. computed It should be understood that,under that would have been co mP had provided to tenants and owners by
vesting.the only times a rental they been 180 day owners. g!24.40t end 24.402 must be justified.A
assistance payment should change are Section 24.403 Additional Rules slight modification was made to
during the one-year period described in Governing Replacement Housing 124•404(a)(2)(i)at the recommendation
%24.402(a)(2).and then only if tenant
of one commenter to clarify that
elects to upgrade his or her housing to 'Ym justification for last resort housing
receive the full amount of the original Several comments were received assistance may be for an entire project
computed rental assistance payment concerning the requirement in or program area.if appropriate,without
based on a comparable dwelling,or ll 24.403(1)(1)that an adjustment be additional case-by-case justification.A
changes his or her status from tenant to made to the asking price of any dwelling number of comments were received
owner and therefore becomes eligible used to compute the replacement about the change in status of a displaced
for an additional payment(see housing payment to the extent justified Pew from a tenant to an owner.
124.403(e)). by local market data.This procedure FHWA has clarified that such a change
Section 24.402(c)Downpayznent has been a part of the gavernmeatwide in status must be with the concurrence
assistance payment Twenty-oneof the placed person.The
eonunente were received concerning common rule since it was that pu6lfahed displaced
in March 1985.It requires that concurrence of the displaced person
downpayment assistance.Only 4 of the should be received prior to the
21 commenters believed that the amount adjustments be made in the asking puce execution of any of the method.of
1 available for downpayment assistance of comparable dwellings to the extent providingfor housing of last resort.
should be limited to the computed that the market demonstrates that . Several genera/comments were
amount of the rental assistance payment exPecind sale Slices wifL be leas than received about the concept of
for tenants.The malarity stated that the asking prices.A clarifitn�n�
cation of he reptint housing of last resat
agencies should rneke downpayment use of this procedure has beets added to Replacement housing of last resort is a
assistance payments of up to$5,250, Appendix A legislatively authorized continuation of
with most recommending that the In I24.403(a)(2).for clarity and as the replacement housing assistance
payment be restricted to the amount suggested by several commenters, provided by I124.401 and 24.402 of this
necessary to obtain conventional loan FHWA has separated the procedures for part.and provides for comparable
financing for purchase of a replacement major exterior attributes and buildable replacement housing for displaced
dwelling.The main concern expressed residential lots into two paragraphs. persons not adequately provided for
was that allowing each agency to select Section 24 403(c)(0).Several under those sections,or who do not
a procedure for computing the down comments were received concerning the meet the eligibility requirements of
payment assistance payment did not use of current fair market value for the those sections.Additional flexibility is
promote uniformity. acquisition price of a previously owned provided to displacing agencies for the
Since the legislation does not give the dwelling when it is wed as the provision of housing of last resort so
lead agency the authority to selects that housing needs are met for owners
particular procedure.but reserves such replacement dwelling.The current fair and tenants in the most cost-effective,
authority to the displacing agencies.we market value is used because(1)It is the yet equitable way.
have elected to retain the existing amount that would have been paid if the
language.As several commenters dwelling were purchased on the current Subpart F--Mobile Homes
suggested.displacing agencies may market as a replacement residence.(2) Section'24.502 Moving arld Related
want to coordinate with other agencies the displacedowner could have gxpen, ... Mobile Homes
within the State or jurisdiction where acquired any other dwelling as a -
they are located to reach a consensus on replacement and(3)the use of the Only one comment was received on
the procedure to be followed in that previously owned dwelling is the this subpart.In response,I 24.502(a)has
State or iurisdictioa.FHWA will conversion of en existing asset to been modified to state more clearly that.
appreciate being advised of the replacement housing purposes.'This even though asant whose
experience of the various agencies in the regulation operates the same whether mobile home Is pot acquired may
implementation of this procedure.If the the previously-owned dwelling is receive replacement housing under
experience indicates that a change ismortgaged or unencumbered.In 1744.sa3(aH3).and therefore is not
needed to affect a more uniform eligible for payment for moving the
Implementation.we will seek a
response to one commenter,the cost IA mobile home.ha may be eligible for
an appraisal of the previously owned
legislative change. dwelling V a reimbursable cost if the payment for moving personal property
Regardless of the procedure selected, eonslderaisal to be from the mobile home.Also,the
a rental assistance pa icy
t will to as appcommenter thought that all mobile
be Initially computed for tenants.If the aPPmPdate and neces#pry• homes should be treated as reel -
-- ' .:?:•
11 Federal es / Vol..54. No. 40 / Thursday. March Z 1989 / Rules and R '
trtlatfoira i
property.This may be appropriate is made directly to the
areas where mobile homes are treated governor's designee,g�ernor,or the• recognition of a possible iaConaia
as real property under the optionte ior The governor.or a State office or between the requirements of I 2tentry
where an agency has to agency designated by the and the assurances �1<
i consider mobile homes to be either real be able to standardise the governor.will and sections 210 and required 2otheI
r property personal developprocess and Act.eAsd a consequence,r o,de
F � property.However. an expertise la the
� some State awe consider moa homes oft# processing revised and clarified to [b9�
to be persona/ roe PPhretions.Further.the governor or State agency under
that lawif a
1 therefore. they property
rty only,and.
d. his or her designee will be more able toregulation,certifies. State
realty. ma not be acquired as assess the capabilities of those State and��epmvIa it can and trill comply
agencies seekingprovisions of the coveredrm Act
to nonuse Federal which would otherwise be
Subpart G--Certification
by
agency reepaasibiiities through the
This subpart p agency
certificationcyreprocess.A focal point of the sections 210 and 305 assurances
I. F implements one of the this nature will be particularlthea,fails to old Federald,the na ce ulna e�d
most significant changes added by the advantageous is processing should withhold gene ciao �'
1987 Amendments.As such,PHWA has certification'frona State agency programs,
r grams, r that.end aceacyy
I a special interest in its implemented= seeking certification approval from more � 'Pmkda.Uniform activities
and would appreciate receiving further than one Federal agency, affected ti the procAct
information on its use and effectiveness. Two commenters indicated seta process does not
Subpart Several respondents commented on misunderstandinrg of the respoasibflidea diminish le agency fundamental
i G.however as stapled of the Federal funding agency. �poasibi$tlas tegardirg c�Rhalrce
or group of comments,was sufficiently fun is not intended that the Federal prtheovisions
Uniform Act;particularly sons those
persuasivethe to necessitate a change ding aganc1 endorse an approved end 305 as referred to the dear.
210
proposed text.However.one application received from the governor, sad 3e. assurances.It compliance clear.freta the
Comment on II 24.603.Monitoring acrd or the governor'.designee,if the Federal whiute,teat ejectf witheasauraceprovisions
t Corrective adios.did draw our attention fila has appropriate o the imp t the to the Aces
to the need for a substantive revision of program P importance to the
j-
deficiencies
continued Federal financial-assistance
Section N.6PLt$ Ce�rjSa�'Qe 5ta>�ede ai •The purpose af�the of program.projects.and activities
APP ane �B agency accept the affected by the IflJnlUniform Act,
approved application without F�°maple.if Uniform Ad non_
Two, certification applicationa be made
commenters recommended that
performing an independent review is occurred in connection with
threefold:trodirectly from the head of t,ft e ofa psrof ed the Federal
the State mar•or governor's esig designee. Zang Mild it.authority la
Ire evaluating
financial assistance,ra�thsa focus ft+diff Into w gge4 li the
me &goveraoc,or the governor's fCwt sterna of the F >e° is oa�ltaaca nth the
A does not adopt this ��c'2''s oversight of its State cartificatiaa.
res desighee. aHmet,There!'adopt t to agencie ,third,unless there are pre- In order to ensure coordination of
need for a food tic point within each State did appropriate lydfcat sad information amimg Federal agendas
or the and point
within
of deficiencies,the certificetloo approval that may have accepted a Cartificetioo
fcertification receiptand screening
creeapplications.Consistencan t tionaiy.The from the same state agency'language
certi the principles of fConcis,the second ted three foregoing points is has been added to 1 24603
Office of the Governor,as the Chief the basis for the smitt
cap a assessment of require that the lead agency bei�c�to
Officer is or, state,is the the States cape tides to consulted by the Federal
Executivelc thecal me point for this process,is thgm ederal fund cartillcation which the before any Federal funds are withheld
since
Over exercises State when the t r cation applicamust tion is acceptancevide certifiedof a stats certificationKinney or the
agencies that are authority Over the S Federal transmitted to the Federal lead agency. et—A1a revoked.
financial assistance or through Appendix A to Flet 24—Addiliea,at
Federalwhich Section .6�A4 Monitor and Information
Handal assistance is Corrective action
channelled to sub-recipients at the local �0 appendix has been modified and
level.all of whom are subjectOne respondent objected to the
augmented taprovlde for better
lvel, Act and any of whom could permissive withholding of Federal understanding°h the penal s. the
Uniformmake Ac a for certification agency
assistance if a certified State regulations to which R pertains.
approval.The certification process does State 1a to comply with applicable Section 2!.218X21
not alter the existing g rale and regulation serving as the l ersons not dirpjocad-p eo4 has
between �ret:elati the basis of its certification,The respondent been added to the first semeace to dazify
State-level v local reap of Bournral perceived this to mean that the authority that son's persons maybe temporarily
displacefinancial asalataaCa.hiswithholdto approval of Federal because they teat mew not beenoed rteo
any certificationassistapplication
that financial assistance is available to any _displacedbecause have permanently
plication made by Federal
State l
sub-recipient
will be made through a of financial mess of the source '
the
State
level a governorsee. governor.the orn those andIs not the authority Section
anneal�nse to several
instances where the local level agency withholding fFed ley regarding the modifier.
ab concerning short-term rent.the
[city,county,etc.}is the directof Federal eachfinancial >AodlBer.~geneniil�has bean added to the
and there is no Stara-level t. assistance renis with Federal last sentence.
the oauthorized to p pooh amend acctivities.ncy • l4 respondent's U4 seczadpayors
�t�lsou d be comment did,however,lead us to the snowing hes b�
Federal Register / Vol. 54, No. 40 / Thursday. March 2. 1989 / Rules and Regulations 8927
clarifying language in Appendix A for non• Department of Transportation. the Act's application to those private
profit organizations treated under this Executive Order 12291 requires that a entities that seek and receive Federal
u section. regulatory impact analysts be prepared financial assistance.
, Section 24.401 for"major"rules which are defined in In response to comments received
Replacement housing payment for tae-day the Order as any rule that has an annual from rural electric cooperatives FHWA
homeowner-occupants. effect on the national economy of$100 has considered the impact that this rule
million or more.or has certain other would have on such cooperatives.
Section 24.401(012) specified effects. Primarily for the reasons provided
A statement has been added to clarify the The economic impacts of this final elsewhere In the preamble we have
phrase"for good cause." rule are primarily mandated by the concluded that this regulation would not
Section 24.401(d) provisions of the 1987 Amendments. have a significant economic impact on a
The computation of a"buydown"payment. However,since some of the statutory substantial number of small electric
the teeters used in computation.and the changes are administrative or cooperatives.
agency's obligation to the displaced person procedural.savings to Federal.State. Based on information available to
are explained.Evsa though ane commenter and local agencies should result In the FHWA at this time end under the
suggested that adjustment of the buydown administration of the Uniform Act. criteria of the Regulatory Flexibility Act.
payment.when a displaced person elects to Other statutory changes.which alter the FHWA hereby certifies that this
Millar the heptacement dwelling far lest benefit levels.end expand the Act's regulation will not have a significant
than the mortgage ea the application to include certain private economic impact as a substantial
dispia *at d who receive Federal financial
displaced person for a larger assistance.and persons displaced byprovnumber of small entities.
p°"mpan. n die ore retaininghaw this certain nonacquisitlon activities.should Paperwork Reduction Ad Requirements
recommendation
fa ionfth e mare accepted a result in a modest increase in amounts
recommeodatioa that the mortgage with the Today's final rule makes one change
shortest term be used to compute the paid under the Uniform Act. to the Uniform Ad Report form.which is
payment.FHWA has amended the However,we do not believe that the contained in.Appendix B of Part 24.A
procedures to rdlect this adjaatmer& proposed regulations will have an new item.TA,ie added to obtain
The FHWA is interested is your experience pn■owl economic effect of$100 million Information relating to the new buaiaess
with tide new procedure for exrmpntias she or more.or the other effects listed in the reestablishment payment added by the
mortgage interest differential payment. Executive Order.For this reason.FHWA 1987 Amendments.Several minor
Appendts B to Part 24-StatLticat Report has determined that this regulation is editorial changes have also been made
es
gonot a major rule within the meaning of in this form.Federal funding agencies i
The reformatted statistical report form the Order. which elect to require a r on
includes a new tine item for reporting Federal agendas administering direct Ulm Mt a ctivitiea will submit the. 1
payments for the statutory business Federal activities.as well as many revised form to the Office of
reestablishment expense (See states,miry have the necessary tot {of - - i
Ube TA).Several comments were received authority to comply with the additional reviewh4elander e44n U.S.C.3504(x).the
regarding the information required in Part S. provialons of the 1987 Amendments Parwundork Reduction Act,Pub.L.00-
analyses
B- :
column(A).More accurate statistical changing the demented la this rule.To delay the
requitement for coloban be obtainedA)to displacement, promulgation of the amendments made pre6114Ageneue foyrm until Oiu�
instead of number of claims sine a displaced In this rule would deprive many parties approval a granted:
person may receive more than one claim in of the protections and benefits intended
several categories.The heading for column by those provisions of the 1987 Federalist'Assessment
(A)hu been changed to number of Amendments.Accordingly,the FHWA As discussed la the Supglemeat$ry
displacements. finds good cause to make this regulation Andiscus of this preamble.
Al required by Section 1320.21 of OMB's effective without the 30-day delay in InformationIno final rule sections builds upon positivemb
new paperwork clearance regulation that was effective date under the Administrative Federalism accomplishments pthe achieved
published in the Federal Register on May lo. procedures Act,5 U.S.C.553(b).
Waa,we have included an agency disclosure in the promulgation of the
notice for public reporting on the Regulatory Flexibility Act governmentwide common rule on
STATISTICAL REPORT FORM February 27.1988(51 7000)which
A request was received from HUD to add The Regulatory Flexibility Act(5 F t:an 198red8(51ed administrative700 whit
new Rema to the statistical report fora to U.S.C.605(b))requires that for each rule significantly
collect race.sex.ethnicity,handicap and with a"significant economic impact on burdens on States and local recipients of
familial status data.These items were not a substantial number f small entities" sal financial
as the assistance.
Th FHWA
included in the report form presented to the an analysis be prepareddescribing the haseted that
of the common Federalism rule
NPRM and.therefore.FHWA doss not have rules impact on small entities,and accomplishments
the benefit of public comment on what.if identifying any significant alternatives are retained in today's rile and the
airy.paperwork burden such additional to the rule that would minimize the changes which have been made are fully
information collection would than on economic impacts on small entities. consistent with the principles and
agendas or persona carrying out acquisition The provisions of the Uniform Act criteria contained In Executive Order
or displacement activities.Terefors,t e that are implemented in this final rule 228L2 and do not have su�dent further
dineccep format inra tm�ion sl this have not changed substantially.The Federalism implications to warrant the
to above. for the minor alteration referred primary impact of the 3987 Amendments preparation of a complete Federalism
is expected to be an increase in benefits Assessment.
Regulatory Impact provided to small businesses.the This final rule implements a provision
The FHWA has determined that this elimination of unnecessary of the 1987 Amendments that gives
action does not constitute a major rule administrative requirements Imposed on substantial additional discretion to the
under Executive Order 12231 or a - State and local agencies.and the States.This is the certification
significant cute rmdse thetory consequent reduction of burden on these procedure which provides an alternative
policies and proAtha affected entities,and the expansion of whereby State agencies,with adequate
+ • F
f 8920 Federal Register / Vol. 54. No. 40 / Thursday, March 2, 1989 / Rules and Regulations
3 authority
that under Stats law,can b
Uniform with a minimum Related Ercpeetser laming tor and end fepromote public confidence hi Fed
R amount of Federal supervision or and faderal -aeefated land a !
oversight.This certification procedure SLIM Payment For actual reasonable programs; acquisition
i would give maximum authoritymoving and related expenses-
lb)To ensure that persons displaced
her designee,!n managing ,or his or Weed paymanl for moving as a direct result of Federal or federally,
[ coordinating and 24-303
expenses-residential moves. assisted projects are treated fairly,
in each State. certification procedure Payment For actual reasonable
consistently,and equitably so that such
t moving and related expenses.- personal will not suffer disproportionate
List of Subjects in 49 nonresidential moves. Pheodesigned
j CFR Fart i4 24.304 Reestablishment expenses- for theea ee aa result the projects a whole:hned
Real propertyq #
nonresidentialaves, for benefit of public as a
• acquisition. Ineligiblemoving and related and
assistance,Reporting and recordlceeping expenses.
requirements,Transportation. 213011 eFixedniea (c)To ensure that Agencies implement
payment for moving these regulations in a manner that is
Amy.Title 49 of the Code of z4 norexpenses-omeatlal moves. efficient and cost effective.
Federal Repletion is amended as set paymee Discretionary
utility relocation
forth below. 124.2 Definitions.
Issued ea t?ebnrary=Z 19 1. � 4 Housing (a) The term"Agency"means
the Federal
Robert%Ferr4a, agency.State,State agency.FedelvlhfighwayAdauiristrnear. 24.4flT Replacement housing payment for or person that acquires real
140-day homeowner-occupants. displaces a person. �°��or
Fart 24 ie revised to read as follows! 2& Replaae t hoasing payment for soixamante. . (x)Acquiring y The term
PART 24-UNIFORM RELOCATION 24.403
day
ddl rule,governing NaOq��B defined
efinagency"mesas a State
PARTASSI24-U AND REAL RELOCATION
TY 24.404 replacement housing payments. this�'section.
. h s the
rit to of
ACQWSmON FOR FEDERAL AND Replacement of last rnaet a ou.whichhas the anthoritY
FEDERALLY ASStSTED PROGRAMS Subpart F NObPi Houses under Stateproperly eminent by ate domain or
does not have such
Subpart k-General
Applicability.Applicability. pe!son which
502
treeMrelated expenses- authority.Amy or person solely
24.503 Replaceasent.._boiseing
t4 tl No duplication olpaymeors �4 so4 Re24.1 Perpose.
p of mobile eowne air-Deasy. (4 Provisions not provide �
assurances
24.2 Definitions.
24 4 marritocinpp and irenun home Amitioad mosooa�a payment far tfr} it required by 1G1.!(axi)or(2j-
eaten
24.L Manner of notices. payments to mobile be swearing Sadao ft—r--4"111 qg oY• tEl ta�ra
24.9 pian of jointly-fimded get D-- Ration °Ombra ��,=Wing out a Prof:rain or
24.am Femme. project,and any State,State agency,or
24d Compliance agency
th other laws sod 24402 atiom application. personcarrying°�a Pr'o or project
regulations. Edon. with Federal to bel assistance,which
Z4 si Recordkeeping and reports. Appendix AA toPart 24-Addt anuses a person b a displaced
2410 Appeals. Information Person.
Suter 11--Real y mon Appendix R to Part 24-,Statiormstical Report (3)Federal agency,The term"Federal
s4as1 Applicability of aoyulattloo Autbadr,:Section Its.Uniform agency"means any department.
111 the,
requirements. Au/stance and Real Relocation Agency*ae ranchimMoof theli m
24.102 Basic acquisition policies. Policies Act of 1970 Pub.es Acquisition executive branch of nu ntnrent,
24.103 Criteria for appraisals, 1894[42 U.S.C.4801)as amended by the Stitt 04 any wholly
the Architect of th
24.104 Review of aportatlon and UniformCapitol,
utas Surface hens the corporation.
Reserve Banks of the r
Acquisition of tenant-owned
Relocation Assistance Act of 19e7.Title IV of thereof;andauks and branches
improvements.isitioPub.L 100-17.WI Stat.248.258(42 U.S.C. authorityperson who has the
u1 title
lo Reponse*� incidental to transfer of �notes and 49 CFR t48(cc). to r Federal law.property by eminent
domain under law.
2!107 Certain Agency.e A--Q rat
24.1oe Donati litigation Subpart (4)Stale an,an The term"State
Subpart 211 Pompom
agency"Meana tm]department.Agency
rmr RNoealbp
Roquironneror
n The���Po this or instrumentality of a State or of e
PrThwa rules t la to political subdivision of a State,any
Papaw implement the department,Agency.or instrumentality
Uniform Relocation Assistance and Real of two or more States or of two or more
224.203 Relocation 4.201 Applicability. Property Acquisition Policies Act of
24.201 A comparable 107%as amended(42 U.S.0 4801 et politicaltaand personvisions of a State h
replacement dwelling before seq.),hi accordance with the followingauthorl tom acquire who has the
displacement objective=
property by eminent
services.Ind
property
ros)To ensure that owners of real domain under State law.
24.205 Relocation planning,a ro)Appraised written
The term"appraisal"
24205 Eviction far p be acquired far Federal and meant s written statement
me, ural cause. federally-assisted projects are treated independently and
copecaims far fairly and Consistently to eneow�ede andiiser setting
forth an
as]trelocation pay d �o to acquisition by agreements with byinion offdefined
o f en forth an
es paymar to not urease,to minimizelitigation and ad value of
relieve Congestionis the�and to specific date, ars of a
m SRP'{
Federal finlike J Vol. 54. No. 40 j Thursday, Mace 2, tarp / Buries and
ins_
iftamemilin"' and analysts of relevant dwelling
,' x , *boat for a person netaelvfrsg approve the use of other criteria ar
. waiter Information. government housing assistance before determined appropriate.
(d Badness.The term"bustneas" displacement may reflect similar
lawful (�Decent,safe,and sanitary
meaae asqactivity,except a farm government housing assistance.(See dwelling.
i • ops -tivocr.that is co ducted: Appendix A of this partk end a �dwelterraling'
"rans a at.safer and
(a)Primarily for the purchase.sale. (8)Within the financial means of the which meets a�pglicable housing and
.. lease and/or rental of personal and/or diep aced person.
real property.and/or for the (i)A replacement dwelling purchased foccupancy codes.Howevhr,any of the
maruefactaue,processing,and/or bye homeowner in occupancy at the byollowing licstandardslecode which apply yt mat
an applicable shall
marketing of products,commodities, displacement dwelling for at least 130 waived for :. .d cause by unless
` and/or any other personal property:or days prior to initiation of negotiations the The dwellingt
(2)Primarily for the sale of services to (180-day homeowner)is considered to sb ency fun r°'- project.
the public or be within the homeowner's financial (1)Be stere
(3)Primarily for outdoor advertising means if the homeowner will receive thecharla geed
display purposes,when the display must full price differential as described in weathertight.( )Contain
and la electrical repair.
be moved as a result of the project;or ;24.401(c),all Increased mortgage system(Zi adequate;°fie ung
(4)8y a nonprofit organization that interest casts as described at f 24.401(d) devices. other
has established Its nonprofit stems and ail incidental expenses as described (3,Contain a het
under applicable Federal or State law. at;24,4004 pies any additional �g system capable
(d)Coerprrr+a�bk replacement duelling amount required to be id of susteiaing a kealthful temperature(of
The term arableReplacement housing of last
e replacementv resod. approximately person.except ie shore areae
dwelling"means a dwelling described m �7 es (e�)A replacement dwelling rented by where such a syste conditions do not
paragraph(I)of this an eligible displaced person is require such a system.
setons considered to be within his ar her (4)Be adequate In size with respect to
(2)Functionally equivalent tQ ire financial means if.after receiving rental the number of rooters and area of halm
displacement dwelling.The term assistance sander this pert,the person's space needed to d°C7p1p to the
"functionally equivalent"means that it monthly rent and estimated average displaced Pam- Dare shall be s
Performs the same function.provides the monthly utility costs for the replacement separate,well lighted And ventilated
same utility.and Is capable of dwellingda not exceed the bathroom they to
contributing to a comparable style of base monthly rental far the
�i aendcontains
a stale.bathunlaas•the
dwnl orednoWhilt comparable ceplacemeat displacement dw�eling as described at °ha stall'and a�t'alt fn good
possess every feature f 24.402(b� _ order and propedy coanecead
of the displacement dwelling,the (iii)Fore displaced person who is not to ft wanes of water end to a
principal features must be present. eligible to receive a replacement housing '�fe8 =Lisle tube orae rd a
Gennerally.Functional equivalency Is an payer because of the person's failure h°as'ul0 e—e—nir 4"ere shall be■
objective standard,reflecting the range comsat teagth.of oocapancy kitchen area that contains aridly eneble
of purposes for which the various requirements,comparable replacement ° .I PerI1 wed to potable hot
physical features of a dwelling may be rental housing is considered to be within end 0 ld w'ate and to a sewage
used.However.in determining whether the person's financial means if an drainagesystem.and adequate
a replacement dwelling is hatctienaly Agency pays that portion attic,monthly and ty service comrectians f�
equivalent to the displacement dwelling, housing casts of a replacement dwelling stove and refrigerator.
the Agency may consider reasonable which exceeds 30 percent of such (5)Contains unobstructed egress to
trade-offs for specific features when the person's gross monthly household safe,open space et ground level,if the
replacement unit is"equal to or better income or,if receiving a welfare replacement dwelling snit is on the
than" the displacement dwelling.(See assistance payment from a program that "mud story or above,with access
Appendix A of this part); designates amounts for shelter and directly from or through a common
(3)Adequate in size to accommodate utilities,the total of the amounts corridor.the common corridor must
the occupants; designated far shelter and utilities.Such hove at least two means of egress.
(4)in an area not subject to rental assistance must be paid under (8)For a displaced person who is
unreasonable adverse environmental ;24.404.Replacement housing of last handicapped,be free of any barriers
conditions; resort. which would preclude reasonable
(5)In.a location generally not leas (e)Contribute materially.The term Ingress, or use of the dwelling by
desirable than the location of the "contribute materially"means that such aced person.
displaced person's dwelling with respect during the Z taxable years prior to the fg)Die plead person—.(1)Genn?.
to public utilities and commercial and taxable year In which displacement The term'displaced person"means any
public facilities.and reasonably occurs,or during such other period as person Who moves from the real
accessible to the person's place of the Agency determines to be mon property or mores his ar her personal
employment equitable a business or farm operation: Property from the real property;(This
(a)On a site that is typical hi size for (1)Had overage annual grass receipts ruder a Person who occupies the real
residential development with normal of at least$5000;or property prior to its aon,but who
site improvements,fncng customary (2)Had average annual net earnings does not meet the length of occupancy
landscaping.The site need not include of at least$l001a or requirements of the Uniform Act as
speto c all v ements such as (3)Contributed at least 33%percent described at((24.401(a)and 24.402(a)
oswimming pools,or of the owner's or operator's average (i)As a direct result are written
greenhouses.(See also;2 .40402) annual gross income horn all sources. notice of intent to acquire,the initiation
17)Currently available to the (4)if the agptfcaSan of the above of negotiations for.or the acquistion ol,
diepirred person on et.private auk*. crliarfamee1es an Inequity of dip such real property in whale or hi partfhr
replaces/a& in any given cases,as Agee*e,q- i - a parajer ..y- -• • • . 1
`;` ). 8930 Federal Register / Vol. 54, No. 40 / 'Thursday, March
(u)As s direct result of rehabiiitatiaa Z` 18:� / Rides seri Regulations
or demolition for a project or property.In such caeca.however,an
a [iii}As a direct result of a written resulting displacement ole tenant by (2)Whenever the displacement is
>', notice of infant to acquire, esubject to the caused by rehabilitation,
acqutaitian,ant to rehabilitation demolition (Ix)A regulations ire this part;or privately undertaken acquisition4 demolftfop os
r of.in whole op jn use and moa who retains the right of of the
park other real Percy of the real property reel Property(and there is no related
�. party an which the person candncts er for life following its acquisition by the tate agency),
bya Federal ager
ua Agency;or e to or e
However, lf operation,for a protect (x)A person who Mate agency),the"initiation of
farm oy for such person use and occupancy retsina the right of
negotiations"means the notice the
under this paragraph applies onlyfor p cY of the real props Person that he or she will be dupla
Purposes obtaining f the a fixed term after its acquisition by by ilia project or, there s no notice
relocation the actual move of the person from
,� assistance of Department of Interior under Pub.L
I c advisory cervices under 93-477 or Pub.L 93-303;or ProPe
( ),and moving expenses under (�)Arty. -the
I 33t,f and or;?,4,31b, in unlawful
who is determined to be (3)In the case of a
24) 01,Per12s not displaced.The wful occupancy Prior to the relocation to Permanent
following is a nonexclusive listing of (y)of ation of negotiations lace paragraph
rr
and welfat+e.protect
ithe public health
t following
who no not qualify as displaced section).or a person who has Environmental Rea the Comprehensive
persons under Hilo part P been evicted for cause.under applicable and Liability Act of 1! (Pith.Compensation
moves before the f 2�.21t9, or"Su � �-510.
(UA of person who see,(see also (h),Uwell'i g The term"dwell Paths!')the thefrm"initiation of
initiation�ne ,unless the Agee means the place of permanent or Aenouflceme"t of such the oat
de 4.403.J the the way customary and usual residence of a �o cemede a relocationrdind eothe
displaced s t a direct personesoof the hon'according to local custom or �or thefederally-coordinated Federal
Gov health
d program oras a b or law,including a single family advisory where n act a p rma Government
single family house; la Inter decides to conduct a
person who initially enters sato family,or mlti unit in atwo-family.multi- relocation.
permanent
of its A person
the y re date of a facility,
or muItf se property;a unit (I)Lead
[iii)acquisition ofth after
or imperative agency.The term lead
of
person who has project
the housing project a non-housekeeping Tram means the Department through
hught e
property forethe whohof obtaining unit;a mobile home;or any other Transportation acting
properly the purpose of l t residential eueit, Federal r gag Administration.
[ivy A c e under who Is not required to (i)Fara operation The term"farm (m)Ma e
person who
y as a direct result any activity means such�The "
operation meansterm"raaertgaga
relocateof a project.Such date conducted solely classes of Liens as
made by determination or Ptiataril for common[ are
the Agency r accordance production done or more a or the Y given to eec�rre a°L reel oa,
ng
Fa guidelines established products or commodities, Putdrla price the real
Also ral agency stablihustling the by
e (see t�for sale or home use,an which
property,
under the laws of State in
(v)Ap r a pendLe A of this�);or commodities producing
nquantity-to a an that with me located,roperty is
pant moves be y,secured thereby.edet��eats,if
a result of an acquisition aswho moves as capable of contributing
Ill Z4.1t o a)(1) (z),or as a described result of operator's support. materially to the [n)Nonprofit
the rehabilitation and or demolition the )Feder "nonprofit
organisation. .4 term
offinancial assistance.The oa rofit organization th a is in o means as
property. ion der, literm"Federal financial assistance" applicable thas of a State
as undernon-
realreeP�cemrly of a tenant theas a direct means a grant,loan,or contribution theorgy laws and a State t a displtof any of acquisition.rehabilitation Provided by the United States,except profit organization,fnc exempt from
realtafor a Federal haWtafederally- any Federal guar'anlee or ins P paying Federal the Inure taxesRevenue under
demolitionor
arsid ( is Feder to this any interest reductionpaymenturatoa•and (28 U.S.C. Internal
or part.); individual in connectiowith the Code U . blit).
(vi)A person whom the AgencyPurchase and occupancy of a residence (o)Notice of intent to acquire or
determines ie not displaced as irest by that individual. notice of eligi6i14 for tt
result of a parnot acquisition; a (k)Initiation of negotiations.Unless a assistance. Written entice tion
(W1)A a parts who,after different action is specified in applicable to a di be displaced, ilii abed to a
no(V A Prnw o,of terirety diving and Federal program regciatioae to be die I r those
at t 24.of relocation)a fa notified is writing "initiationwang of negotiations"means the
acquired
prior
to 'from itatlan or
he or'he will not be displaced �S that fallowing
for a (1)Whenever the displacement results acquired prior to the commiitment of
Project.Such notice shall not be issuedacquisition Federal financial assistance to the
unless the person has not moved and the from a Federal ency of the real propertyactivity,that establishes eligibility
Agency agrees to reimb 8 ay ar State relocatlan benefits it for
for anyarae the person "initiation of negotiation" �ency the prior to the initiation
expenses incurred to satinani tia writ moans the
of negotiation and/or prior to the
binding contractual relocation satisfy any delivery of the initial written offer of commitment
bind! Baas into just oampeasntlaa by the Agency to the assistance. of Federal financial
obligations
date enteredof theafter the owner or the owner's representative to
eligibility' notice of relocation purchase the real property for the (p) erect to of a havemetdwelling.
(+ 1 Aa owner- Project.However,if the Federal to OWn a deing 1 met Person the requirement
paean is
voluntarily Pant who or State agencyagency to own e,or Ming If the Pea ncif ement
as dandified owner-occupant
-e his or her property, intent to issues a notice Mils purchases or holds any
aftersbeingt 124.101(a)(1)and(2), person moessafte�rerealproperty,but and a Interests in real of the following
mutually
informed�writing that If a that notice, PCOpertj,
of!he
aatlsoamed agreement on before delivery to the initial written contract
Fee tlHe,a life estate,oa land
masheterms d`sathe c factor a�e cannot be purchasenegotiatioffer,the"initiaflap of Including aany-oopti lease,extension
x a lease
Agency will not acquire the the person from theproperty.-ans chaactual move ad a!least t options far extaaak I with
a���as4 tom i�t'.tha data of
" Federal Register / Vol. 54. No. 40 / Thursday, March 2 1989 / Rules and Regulations
...��. 8831
:" •{2)An interest is a cooperative prior to the Initiation of segetletlone or assurances shall be In accordance with
4 ,: project which sadudes the right le determined by the Agency to be a section 305 of the Uniform Act and must
g,;, x to oscopy a dwellinF or squatter who is occupying the real contain specific reference to any State
• . m A contract to purchase any of the property without the permission of the law which the Agency believes mercies
i* jests Of estates described in owner and otherwrise has no legal right an exception to section 301 or 302 of the
a ....-paragraphs(p)(1)or(2)of this section. to occupy the property under State lair. Uniform Act.If.in the Judgment of the
A displacing agency may,at its Federal agency.Uniform Act compliance
; �(4)Any other interest.including a discretion.consider such a squatter to will be served.a State agency may
R partial interest which in the judgment of be in:lawful occupancy. provide these assurances at one time to
SF .. the Agency warrants consideration as (z)Utility costs.The term"utility cover all subsequent federally-assisted
ownership. costs"means expenses for heat,lights.
(q)Person.The term"person"means water and sewer. programs or projects.An Agency which
any individual.family,partnership, (aa)Utility facility.The term"utility both acquires real property and
' • corporation.or association. facility"means any electric,gas,water. displaces persons may combine its
(r)Program or project.The phrase steasapower.ers4aterieis traasntisdon section 210 and section 305 assurances
"program or project"means any activity or distribution system;any in one document
or series of activities undertaken by a transportation system;any (2)If a Federal agency or State agency
Federal agency or with Federal financial communications system.including cable provides Federal financial assistance to
assistance received or anticipated in televisiar>r and any litthrtes,equipment, a"person"causing displacemeak suds
any phase of an undertaking in or other property associated with the Federal or State agency is responsible
accordance with the Federal funding operation.maintenance.or repair of any for ensuring compliance with the
agency guidelines. such system.A utility facility may be requirements of this part.
(s)Salvage volae The term"salvage publicly.privately.oc cooperatively notwithstanding the person's
value"means the probable sale price of owned- contractual
an item.if offered for sale on the (bb)Utility relocation.The term obligation to the grantee to
condition that It will be removed froenmityr�elocae"memo the �mp}y.enmity
the property at the buyer's expense. adjustment of a utility facility required' allowing a reasonable (3)As en alternative to the asecuarrce
find a person buying with
od lmorf time to edge of by the program or project undertaken by {a)(1) fo thist deiaibed Federa ssgph
ency
the uses and purposes for which itis the
��� agency.It includes may provide Federal financial
and
adaptable and capable of being used, innccllusing eu�6 laireg the facility.tie*
assistance to a State agency after it has
inchuffug separate use of serviceable accepted a certification such State
components and scrap when there is no acquiringQovine,rq rigl:tign,a or oe new a in eaxedance with the
reasonable prospect aside except on locution;movhrg,� g requirements inSubpart G of We
that basis. ��."j'r8�°type of axiaiag tar�lities; p�'t
(I)Small bovines', A business Ira and taking any necessary saksty and (b)Matertaving card corrective action.
at atone,but not more thaw s h protective measures.It shalt also mean the Peden'agency will monitor
employees at the site being constructing a replacement facility that compliance with this part,and the State
acquired soworkingka bye rte beingam has the functional equivalency of the agency shall tax whatever corrective
project. continued
facility and Is necessary for the action is necessary to comply with the
(u)State.Any of the several States of continued operation of the utility Uniform Act and this pat. he Federal
the United States or the District of service.the project economy,ar agency may also apply sanctions In
Columbia.the Commonwealth of Puertosequence of project constrvctiwt accordance with applicable program
Rico.any territory or possession of theonoregulations.(Also see f 24.603.Subpart
payments.
United Stats.the Trust Territories of 4 Z4� � G•)
the Pacific Islands or a political No person shall receive any payment (c)Prevention of fraud wean and
subdivision of any of these jurisdictions, under this part if that person receives a mism vrgearent The Agency shall take
(v) Tenant The term"tenant"means payment under Federal.State.or local appropriate measures to cavy out this
a person who has the'temporary nee and law which is determined by the Agency part in a manner that minimizes fraud.
occupancy of real property owned by to have the same purpose and effect as waste.end mismanagement
another. such payment under this part.(See
(w) Uneconomic remnant The term Appendix A of this part.I 24.3.) 124.5 Mannar of nodose.
"uneconomic remnant"means a parcel
of real property In which the owner fi l 244 .motes and Each notice which the Agency is
left with an Interest after the partial corrective action. required to provide to a property owner
acquisition of the owner's property,and (a)Aasuauocee—(1)Before a Federal or occupant under this part,.. . a the
which the acquiring agency has agency may approve any grant ta,or notice descuIIrad at I Z4.102{b).small ha
determined has little or no value or contract.or agreement with.a State personally served or sent by certified or
utility to the owner, agency ender winch Federal fiamrdel registered first-class mail.return receipt
(x) Uniform Act.The term"Uniform assistance will be made available for a requested.and documented In Agency
Act"means the Uniform Relocation project which results in real property files.Each notice shall be written In
Assistance and Real Property acquisition or displace:meat that is plain.understandable language.Persona
Acquisition Policy Act of 1970(84$tat subject to the Uniform Act.the State who are unable to mad mid understand
180e 42 U.S.C.4001 et seq.;Pub.L.at- age meet provide appropriate the notice must be provided with
648),end amendments thereto, assurascces that it will comply with the appropriate translation and caenseling.
(y)Unlawful occupsnejc A person is Uniform Ad and this port.A displacing Each notice shall Indicate the name and
considered to be In unlawful occupancy agenets emeelecee shell be le telephone amber of a person who may
if the parson has been ordered to imvo accordance with teed=.tip.dt6e be contacted for anon ers to me:WHorn or
by a cowl of competent jurisdiction Uniform Act.An acquiring wan" other needed help - -
IP
892 Federal / Vol. 54, No.
"�® 40 / Thursday, March Z 1989 / Rules and R
It 1 x4.e Administration of jointly-funded Regulations
peak
ProNcta. (i)Executive Order 11246-`Equal
' Whenever two or more Federal Employment Opportunity. (c)Time limit fa initiating
4if)Executive Order 11 The Agencyperson may set a reripe L e
agencies financial assistance to Business Enterprise. 11825--Minority limit for a to Me an a
an Agency provide Agencies,other than time limit shall not be less than eo The
Fn a ,or cout functionally a (k)Executive Orders 11988.Floodplain after the person receives
1 Fr geographically activities Management,and 11990,Protection of notificationdays
which will result in the relatedaactivities
of wetlands. of the thepensAgency's
property l or the displacement of a 12250—Leadership determination to a e
p (I)Executive Order 1person's claim,
person.the Federal agencies may by and Coordination of Non-DiacrinHnation hasdaR�ht to representation.esentolr.A person
agreement Federal
one such agency as �ws' right to be represented by legal
the cognizant designate
agency. (m)Executive Order 12259, coconnect or other representativeis hrppin
unlikely event that g cy.In the Leadership and Coordination of Fair solelyat the his or her a
agreement amst�:,gg Housing Federal person's own expense.but
Agencies cannot be reached as tom whng the
Programs. Peuae.
•
agency shall be the cognisant Federal (a)Executive Order 12830 (e)Review of files fry hall pe err making
agency,then lead agency shall
Governmental Actions and Interference DPP The Agency than permit a
r ageteens the such agencies s to with Constitutionally Protected person to inspect and copype all xmct prfala
the cognizant role.Ate Rlghtl• ertY pertinent to Iris or her appear.except
assume agreement shall set forthmaterials which are classified as
Hie federally assisted activities which f 24.* and - confidential by the Agency.The Agency
are subject to its terms and cite any (a)Records.The Agency shall may,however.imposem reasonable
and procedures,in addition nto maintain adequateinspect,co as the
acquisition and displacementrecords of its person's right to
n
this ,that areoapplicable to the activities � 'consistent withf applicable laws.
this lies the applicable
Under in sufficient detail to demonstrate scopeof reviewthe of appeal.shall
the
activities
undernthe cognizant agreement _compliance with this part.These records deciding an appeal, Agency n
agr shall tether that the Project Federal is sb be retained for at least 3 years meat edd by the person.
agency sea with the hat ions of the after�owner of a property and each other yl submitted the pn that
compliance
Act and this ort.Allof the
person displaced thane the and all d toor n urable information that
Uniform
Act a les underfederally receives the final property U seeded ensure a fair and full
rims be deemed a unprder
for the or she is entitled under�t to which he review of the ePP�.
the agreement
Purposes of this part, accordance with the applicable or in (Bl Determination and notification
!i KT e,oftFederalregulation,of the Federal funding after appeal.Promptly aftereceipt of all
agencyregulations. wafter of agency,whichever is later. information susupport of an bmitted by a in
The Federal agency fundingthe maintained by an yrY Records makewritten determination the
on ft
Project may waiveany requirement in with this part are confidentialn accordance
san explanationof the
this part not`squired law if it their use as public Information,regarding baail,sis o on which a decision was
as made,
determines that the waiver does not applicable law provides ue the
reduce any assistance or `orectics (c) otherwise. relief Peron a copy.If the full
p Reports.The Agency shall submit requested d i not the personeso.the
provided to an owner or displaced a report of its teal property acquisition Agency shall advise d of his or
person under this part.Any request for a and 61011cemeat entleides under dile her engirt Agencyto seek judicial review.
waiver shall 6e justified on a case-by- part if aired by the Federal agency ro]
case basis. firs official to review appeaL
the
required e Project.A report will not be The y of they officialappeshall betieg the
i 2��with other laws and oras re fneqiformuentl than ever),3 mew heappeal shall oreither the
hued rioere Agency or owv her
The implementation of this unless the Federal funding agency ca, authorized shall not have
However, the
be bi emen other part must shows good cause.The report shall be official not have apps directly
be inrccomplianceand with other
applicable prepared and submitted in the format Involved in the action appealed.
regulations.lawsas,faciaing contained in Appendix B of thispart.
the following 'but not limited to, 4 24,10 Subpart 19—Raaf Property Acquisition
(a)Section Y of the Civil {i 24.101 ApplicabilityMica
1888(42tionI f 82the
el a Rights Act of (a)Genera/.The Agency shall of
(b)Title U.S.C.of the etve.il ). promptly review appeals in accordance
Rights Act of with the by(a)Crt apply The re ac acquisition
is of efs
1964(42 U.S.C.2000d et seq.], and this p requirements of applicable law subpart apply to any of real
art
( )Title VW of the Civil Rights Act of (b)Actions which maybea property for a Federal program or
1988(42 U.S.C.3801 et req.),as Anyppealed project,and to programs and
amended. enslaved person may file a written where there is Federal financial
projects
(d)The National Environmentalappeal with the Agencyin any case is aulatance
Act National
nal.S.0 4321 at Policy which the person heves that the In any pan of Project costs
(a)of09(42
of theRehabilitation21se. Agency has failed to properly consider
Act of Section1973 5 4 of t X90 el seq.). (1)oVoluntary transactions that meet
the person's application for assistance all of the following conditions:
4] under this part Such assistance may
(f)The Flood Disaster Protection Act include,but is not limited to,the i)No aired, siteo g
of 1973(Pub.L99-234. property seeds
(g]The Age Discrimination Act of person's eligibility for,or the amount of, may acquired.although the Agency
lige s
1975(42 U.S.C. isc et s payment required under 12{.10e or limit it search for alternative sites
Ih)Executive Order 1eq.), q� required nn�t tion payment to a Aggeency
wishes
geographic purchase area.Where than an
Part The Agency ��wl�e1I° more
Opportunitynd Housing,as amended shall consider a written appeal fire t ephitreated -
area an this
regardless ofform, bass,ail owners are W lis
similarly
I.
1
Federal Register I Vol. 54. No. 40 j Thursday. March t 1989 / Rules and Regulations g
533w?
to be acquired is not owner law and this pen
art.The property by part.(See also ___
basis for the offer of just compensation:
of an intended,planned.or ;24.290.) and,explain its acquisition policies and
' tgnated project area where all or (c)Appraisal, waiver thereof.and procedures,including its payment of
ssbstantially all of the property within invitation to owner. (1)Before the incidental expenses in accordance with
-Cha area is to be acquired within specific initiation of negotiations the real ;24.108.The owner shall be given
�
e limits. property to be acquired shall be reasonable opportunity to consider the
(;ii)The Agency will not acquire the appraised.except as provided in offer and present material which the
.F�ogerty in the event negotiations fail to 1 24 102(c)(2),and the owner,or the owner believes is relevant to
silt in an amicable agreement.and the owner's designated representative,shall determining the value of the property
owner is so informed in writing be given an opportunity to accompany and to suggest modification in the
(iv)The Agency will inform the owner the appraiser during the appraisers proposed terms and conditions of the
of what It believes to be the fair market inspection of the property. purchase.The Agency shall consider the
value of the property. (21 An appraisal is not required if the owner's presentation.
(2)Acquisitions for programs or owner is donating the property and
projects undertaken by an agency or releases the Agency from this obligation. (g)Updating offer of just
person that receives Federal financial or the Agency determines that an compensation.if the information
assistance but does not have authority appraisal is unnecessary because the presented by the owner,or a material
to acquire property by eminent domain. valuation problem is uncomplicated and change in the character or condition of
provided that such Agency or person the fair market value is estimated at the property.indicates the need for new
amu: 92.500 or less,based on a review of appraisal information,or if a significant
(i)Prior to making an offer for the available data. delay has occurred since the time of the
property.clearly advise the owner that (d)Establishment and offer of just appraisal(s)of the property,the Agency
It is unable to acquire the property in the compensation.Before the initiation of shall have the appraisal(s)updated or
event negotiations fail to result in an negotiations.the Agency shall establish obtain a new appraisal(s).If the latest
amicable agreement;and an amount which it believes is just appraisal information indicates that a
(ii)Inform the owner of what it compensation for the real property,The change in the purchase offer is
believes to be fair market value of the amount shall not be less than the warranted,the Agency shall promptly
property. approved appraisal of the fair market reestablish just compensation and offer
(3)The acquisition of real property value of the property,taking into that amount to the owner in writing.
from a Federal agency.State.or State account the value of allowable damages (h)Coercive action.The Agency shall
agency,if the Agency desiring to snake or benefits re any remaining property. not advance the time of condemnation.
the purchase does not have authority to (See also I 24.104.)Promptly thereafter. or defer negotiations or condemnation
acquire the property through the Agency shall make a written offer to or the deposit of funds with the court,or
condemnation. the owner to acquire the property for the take any other coercive action in order
(4)The acquisition areal property by full amount believed to be just to induce an agreement on the price to
a cooperative from a person who.as a codon. be paid for the property.
condition of membership in the (e Summary statement.Along with (i)Administrative settlemenL The
cooperative,has agreed to provide the initial written purchase offer,the purchase price for the property may
without charge any real property that 1 owner shall be given a written exceed the amount offered as just
needed by the cooperative.� statement of the basis for the offer of compensation when reasonable efforts
(b)Less.than-full fee interest in real just compensation.which shall Include: to negotiate an agreement at that
property.In addition to fee simple title, (1)A statement of the amount offered amount have failed and an authorized
the provisions of this subpart apply as just compensation.In the case of a
when acquiring fee title subject to partial acquisition,the compensation for Agency official approves such
retention of a life estate or a life use;to the real property to be acquired and the administrative settlement as being
acquisition by leasing where the lease compensation for damages,
all if banye ,to the reaeoneble,prudent,and in the public
term.including option(s)for extension,
remaining real propertinterest.lNhea Federal funds pay for or
Is 50 years or more;and to the separately stated. participate in acquisition Costs,a
acquisition of permanent easements. (2)A description and location written justification shall be prepared
(See Appendix A of this part, identification of the real property and which indicates that available
(j 24.101(b).) the interest in the real property to be information(e.g.,appraisals,recent
(c)Federally-assisted projects.For acquired. court awards,estimated trial coats,or
projects receiving Federal financial (3)An identification of the buildings, valuation problems)supports such a
assistance.the provisions of 11 24.102, structures,and other improvements settlement.
24.103,24.104,and 24.105 apply to the (including removable building (j)Payment before taking possession.
greatest extent practicable under State equipment and trade fixtures)which are Before requiring the owner to surrender
law.(See ;24.4(a).) considered to be part of the real possession of the realproperty, the
24.102 t property for which the offer of just Agency shallpay the agreed purchase
compensation is made.Where price to the owner,or In the case of a
(a]Expeditious acquisition.The appropriate,the statement shall identify condemnation,deposit with the court.
Agency shall make every reasonable any separately held ownership interest for the benefit of the owner,an amount
art to acquire the real property in the property.e.g.,a tenant-owned not less than the Agency's approved
expeditiously by negotiation. improvement,and indicate that such appraisal of the fair market value of
(b)Notice to owner As soon as interest is not covered by the offer. such property.or the court award of
feasible,the owner shall be notified of (1)Basic negotiation procedures.The compensation in the condemnation
the Agency's interest in acquiring the Agency shall make reasonable efforts to proceeding for the property.In
real property and the basic protections, contact the owner or the owner's exceptional circumstances,with the
lncludhgg the agency's obligadon to representative,and discuss its offer`� Ls prior approval of the owner,the Agency
secure apprglaal. - _ to tine pada i yr lndudtag the may obtain,*right-of-entryioe ; r ' "
F
I
ayi4 Federal Register / Vol: 5+1, Na. 40
/ Thursday, March Y,'19891 Rules and rte
construction purposes before making Regulations
Payment available an common! acc
Y acted professional
fit)e Uneconomic to appraisal practices.When s shall not valuation. based art the amount
` ac(k)Ulec of mnant If the market sales data are availabbllecto� No appraiserof t
i t only a portion of a reliably support the fair market value for person
hnegotiator for real ry ye as a
� property would leave the owner with an
uneconomic leave
the the specific appraisal problem Agency maya appraised,except that ret
offernacquireAgency shall encountered,the Agency at its bothappraise permitthe lama
the uneconomic remnant diacsetlo mayre
i along to the theof the m quire only the market both erd the otiate aver°°°t
needed for project.(See property approach.If more than one approachacquisition where value of the
(1)Inness thecondemnation ject. IifZwJ.l utilized,there shall be an analysis and acquisition[s Z,ISOp,or leas.
intends to acquire any interest reconciliation eci !approaches to value 24.104 gsMw
Agencyres! int property to exercise of the powerare support the of appraisals.
of eminent arty by
it erainstitute appraisers opinion of value. The processocesand.have an appraisal
formal a nd domain.
it shall in proceedings and including)A description of com re(aew and.revie a appaier
not al co demj, auks r cedin a description of all relevant�� (al A qualified appraisals
minimum
n the owner to necessary for physical, sshall theymee all appraiser
institute legal such p to the traa�a that meet applicable
to as
to prove the fact of the taking ofpydsource and s method of fin ' rtgalt+eateata �g�ble ap��aal
pverification byava°�&and and shall,prior to
ea(ml Farrnenla! If the Agency permit. transactiart. party involved to the alai ePv awl ,see!{neoessarq dna
lo�owner or tenant to occupy the
short term Hoa for a property(5)A statement of tl>e slue of the reel (bl[f the reviewing app ser is
d
Period sproperty after dsitio to be acquired and.for a partial val
to app! e
short ers or a the Agency as to ort acquistttn,a statement of the value of bails'
j far
li an a 4 of the
notice. rent shall not exceed the fair the damages and benefits, far lite es PPraio�as an a
market the t such d any'to the �� fab riot pr of the oen ffer
termination
occupancy, pp tt. property,where of Jtrat co
°3'• acompensation.sad it i•
f 24.103 Criteria aPP the
(8)The effective date of valuation, ob additional deterznined tit
�l Practical to
(a)
Standards of oFiFPr eel The format date o ati appraisal. as and
a develop
and level of dreviewing appraiser may
appraisal depend
documentation for an appraiser.
appraisal docuMentation in
the level of on the complexity of ro}Influence of the p��on
e.
problem.The compensation.To the loot with i T�4.ltt3 to support an accordance
developapproved or
t minimum pro lem. shall by applicable law,the appraiser ithell (ch'
recommended
cansistent with established disregard any decrease or increase in certification of the or
andacommonly sarong appraisal the fair market value of the real e
virtueeProved their wlo acquisitionsithse ism'by caused by the project perty Is to be acquired.for which p forth t as steed st e P !'shat!be
presentationmet require the o l 'nth a r s ty,do e�ood that the propror by would Identifies theappraisal ar such which
Ys s and Feet other
w hebe sad basis far reviewed
sraa A s J a detailed i etprbaton thanthatwithin damages oor benefits
or approval.
appraisal shall be due to p"�' Any
appra d for detailedll other appraisals.A reasonable control of the owner, propertyeh 11 alio I entifi dth
prepar for
appraisalloshalla reflect (°)�erretentioe statement shall also be identified in the
a detailedlithe owner of a real pro arty improvements.
standards recognized appraisal extent removal
Le it for ti � A° n of t ,
appropriate,the UniformAppraisal projectsite.the ��
Standards a for Federal Land A amount to be offered for the interest In (a)Acquisition o
St appraisal mustFed Acquisition. the real property to be a f improvements.
real
An apprai contain sufficient not less °nub t shall 6e When acquiring Agency any shall
offer real
andotheappraiser's n.ink ud{tig valuation data amount determined the to bew just acquire at least an
data, compensation fir the owner's entire uuiill equal interest in all
support his or her opinion of value.At interest in the real
to support
a detailed a props dings.structures,or other
a contain minimum,the followinga detailed
PArafsal shall salvage value(defined at 124.2 therty and of Property to be located ' h the real
(1)Theitems: the retained improvement [ )} to be ecgtrired,which It
purpose and/or function of requires to be removed or which it
the appraisal.u.a definition the the esto (d)Qualifications o appraises.The determines
will th appraised,and a statementAgency shall establish critcepr perly affected by
will
being apps s and limiting of the determining the minimum qualifications
for the use. to whichshall such real any
conditions q alificatioaui be t
affectingassunit the apal. ofsappr_aisers.Appraiser qualifications improvement include any
(2)An adequate description of the shall be consistent with the level of the on to remove
who has
pryadequate de c iofp the difficulty of the appraisal assignment improvement�t or obit the expiration remove the
partial acquisition.appraised
[and,in the case� educaThe tion.training.shall review the experience, !eat the of the
partial an of t remaining oto qualifications of appr� including other realrot may.Any
nta utkling sir to be
statement of known observed a review appraisers,and utilize only thse other improvement. hg,would be or
encumbrances,of the If and obser ed determined to be qualified. considered
to ewhich Ifw
eu {el Conflict yhown be real property property owned
� of rnteriast No appraiser by the owner of the neat
locationen
analysis of ring,present
use,
,an or review appraiser shall have as considered
least a sof hi sales hi use,and at interest direct or real which it real located.shall be fthis
prop story of the � f.in the
etty to be purposes of this
arty•
relevant
property being appraised for the Agency Subpart ��for
props cher valved that would In any conflict with
Preparation e r (c)ApP and r'tentrihinertr aj
consistent with 'Compensation for making aa°appraisal Improvements
t orvn approfur
7,_ 7
''s Federal Register / Vol. 54, No. 40 /
i MThursday, March 2, 1988 / Rules and Regulations 8935
a.m.. ,
t-owned improvement b the
, : uu (b)The condemnation proceeding is a person's appElcatlon for assistance for
amount which the Improvement abandoned by the Agency other than which a person may be eligible under
+ l oontributes to the fair market value of under an agreed-upon settlement:or this part.
the whole Property or Its salvage value. (c)The court having jurisdiction
;; • •whichever is greater.(Salvage value is renders a u (b)Noose relocation relocationa stelto ice
judgment in aunt of the Eligibility for assistance shall
;= ,' -' defined at f 24.2(e).) owner In an Inverse condemnadon begin on the date of Initiation of
A t't (d)Special conditions.No payment proceeding or the Agency effects a negotiations(defined in f 24.2(k))for the
• shall be made to a tenant-owner for any settlement of such proceeding. occupied property.When this occurs,
ti. real property improvement unless: !24108 Doc>stlora. the Agency shall promptly notify all
(1)The tenanl-ownee in consideration owner whose real
r - occupants In writing of their eligibility
for the payment.assigns,transfers,and property is
, releases to the Agency all of the tenant- being acquired may,after being fully far applicable relocation assistance.
it -' owner's right.title.and interest In the informed by the Agency of the right to (c)Ninely.daynotic --(i)General.
improvement:and receive lust compensation for such No lawful occupant shall be required to
• Ill The owner of the real Property on prat Y.donate such property or an move unless he or she has received at
part y least 90 esadvance written notice of
disclaims al[�Interest in the located compensation paid Interest therein.
the any the earliest daysate by which he or she may
improvement and Agcy as such owner shall determine. be requited Co move.
(3J The payment does not result in the The Agency is responsible for assuring MI Muni. –4"notice.• he displacing
duplication of any compensation that an appraisal of the real property is agency may issue the notice 90 days
otherwise authorized by law obtained unless the owner releases the before It expects the person to be
(e)Alternative compensation.Nothing Agency from such obligation.except as displaced or earlier.
in this Subpart shall be construed to provided In f 24.102(c)(Z). (3)Content of notice.The 90-day
notice shall deprive the tenant-owner of any right to as the earliest state whir specific date
reject payment r, this Subpart andC—Gby
to obtain payment for suchRstateoccuthat
may be required to amicus.or
interests in accordance with oth y I 24.201 Purpose.
state the occupant will receive a
applicable law. This Subpart prescribes general inad further notice indicating,at least Sts days
f 24101 Incidental tot sr requirements governing thprovision of to or she
must the move.Ic the date by which
Ise or she move.If Sada
of Ma to the Agency. relocation payments and other notice to issued before a comparable
(a)The Owner of the real y relocation assistance In this part the
replacement dwelling` �made svellable.
shall be reimbursed for all ble must early that the
Fusses the owner necessarily Mowed These requirements apply to the occupant will not have to move earlier
any thane°days such
(1)Recording fees.transfer tuxes, defined relocation I �person al made available..((Seee 12a4.d�(`�).)is
documentary stamps,evidence of title, (4)Urgent'need In unusual
boundary surveys,legal descriptions of 124.203 Macedon notices. circumstances,an occupant may be
the real property.and similar expenses (a)General information notice.As required to vacate the property on less
incidental to conveying the real property soon as feasible,a person scheduled to than 90 days advance written notice if
to the Agency.However,the Agency is be displaced shall be furnished with a the displacing agency determines that a
not required to pay costs solely required general written description of the 90-day notice is impracticable.such as
to perfect the owner's title to the real displacing agency's relocation program when the person's continued occupancy
Property:and which does at least the following: of the property would constitute a
(2)Penalty costs and other charges for (1)Informs the person that he or she substantial danger to health or safety.A
prepayment of any preexisting recorded may be displaced for the project and copy of the Agency's determination
mortgage entered into in good faith generally describes the relocation shall be included in the applicable case
encumbering the real property;and payment(s)for which the person may be file.
(3)The pro rata portion of any prepaid eligible,the basic conditions of
real property taxes which are allocable eligibility,and the procedures for f 24s0s Availability of comparable
to the period after the Agency obtains obtaining the rep ement dwelling before displacement.
title to the effective paYmeat(s}.
property or tive (2)Informs the person that he or shit (a)general.No person to be displaced
possession of it,whichever is earlier. will be given reasonable relocation shall be required to move from his or her
(b)Whenever feasible,the Agency advisory services,including referrals to dwelling unless at least one comparable
shall pay these costs directly so that the replacement properties,help In nog replacement dwelling(defined at
owner will not have to pay such costs payment claims.and other necessary f 24.2(d))has been made available to
and then seek reimbursement from the assistance to help the person the person.Where possible,three or
A4encY• successfully relocate. more comparable replacement dwellings
♦a 24.w7 terolca (3)Informs the person that he or she shall be made available.A comparable
litigation will not be required to move without at replacement dwelling will be considered
The owner of the reel property shall least 90 days'advance written notice to have been made available to a
be reimbursed for any reasonable (see paragraph(c)of this section),and Person.1f
expenses,including reasonable attorney. informs any person to be displaced from (1)The person Is informed of its
appraisal.and engineering fees,which a dwelling that he or she cannot be locatiom and
the owner actually incurred because of a required to move permanently unless at (2)The person has sufficient time to
condemnation proceeding.IE least one comparable replacement negotiate and enter Into a purchase
(a)The fins)judgment of the court is dwelling has been made available.
that the Agency cannot acquire the reel (4)Describes the person's right to agreementjor to eeso abs psaf e u ;and
(3]Subject reasonable eafeguat,ds,
property by condemned=or appeal the Agency's determination as to the person Is assured of receiving the
,; Faders] Register / Vol. 34, No, do / Thursday. MarrJt
. . , / Rules and Re
relocation assistance end a Regulations
il Payment to whichassistance
acquisition (1)An estimate of the number of
is paymsufficent
to hic the person
theis ntitled households to be displaced including assistance.eiewwith
each shall person. a Peau
i purchase lease of the information such as oInterview with
+ prepe!'�'• status.estimated owner/tenant Person.
• I (b)ase or etopo paps waiver. ofproperties value and rental rates (u)Providenon the
and continuing
.purch
t The Federal agency to be acquired,family information ethe costs o co
may grant a waiver of project characteristics,and special
prices,and rental of nom
paragraph(a)of e r fn consideration of theParable
Where it fa demonstratedos any case mtrroritiea,the elderly, a on replacementatfen dwellings,and explain th
must move that a person and the handicapped a faeniniea, the person cannot be required to move
•
because of An e pped when a piicable. unless least one comparable
il
(1)A major disaster as defined in co(inparable�pla emof tent dwellings of replacement dwelling
of section 102(c)of the Disaster Relief Act the area(Including as net forth is made gene bl
section
iO (c)of 3121J;or in 2erson ].
ding price enew and (A)As soon as feasible.the
(2)A presidentially declaredrental rates)that are expected to be shall inform the person in weans Agency
Y national availent
able to fulfil(the
emergency;or hourehalds displaced,Wh of tleosa
specific comparable replace °f
I (3)Another emergency which adequate as dwelling d the rias or
immediate vacation of the reef requires
is note supply of comparable housing establishing the upper limit far
such as when prspeety, xPected to be available. replacement housing payment(see
the displacementoaa�ued° pansy of consideration of boos
dwelling ctions tug of last resort u• (a)and
t4bstaatlat8 Cocensdteetes a ould be instituted. de (b))and the bests for th.
danger to the health or (3)An estimate of the so that the persoq
safety of the occupants or the public. and size of the to of tthe member,type b w of the maximum is
smore afety Basic conditions of emergency n=Profit oiganiratiaat to be displacedand nen ur8 Payment for which he'enlacemente
relocate for&ev�er a pew V required to and the approximate number of Y qualify,
applicable
of an emergency as described mod because emPlOYeea that may be (B)Where feasible.housing shall be
paragraph(b]of this sem.the relocation aConsideration of any apec(alssuze priornspected that itI8 made&sellable
°�' �nCY necessary tram the displathat may be such In (See 2 2[d
to assure that(1 J Take whatever steps ere necessary and other coopers • agency such an tasPectlaa i.not made. if
relocated to a the versos teenpm y [b7 Loan forp,lann and that an top acbe men housing shall ay notified
the
dwelling and decent.safe.and erritay rrrliauiearY �In the event that �°t replacement payment
[ol a the
an Agency elects to consider usingmay not a made melena the
uendy
repo reasonable=perces and any out-of- du Unifove rm p1ovision in section of elected a dwelling V�b� m
costs movingasonable increase rent utility of prof funds for loans to cover use dad r possible.alto orbe decent
ltY
afe.
tem ntid a Mtn thaty p�°e and other ri n,shall
be given
sea�aoel
(3) available and exp fo the do of opprom sties to relocate to decent,
displaced establishton est the ead agency will nd sanitary aacemen decent.dwellings,not
Pe(3as ea v as feasible,et least teria and pproced for and sanitary see ao fm int
person ass on a s feasib e, one ■uch use upon the located is ea irnot
purposes of dwelling.(For ag � request of the Federal area of minority
the
the
comparable
yp and ling. tg (CJ dS the program or MOM. concentration,that me within owe
purposes requirements fora tion assistance advisoryfinannot require
A
displacementPy requi,the date of tervfce�i)General,The does not require an policy,however
n is
is date the person carry out a relocation assistancec �shall person a larger
nab m to provide a
moves the t the date on advisory program which satisfies
move from requirements of Titlto a cow gab"a person to relocate
24.205 fit;Act of in of the evil Parable replacement the elderl
ldwet n, dO"�°^^t^0,advisory je'g),latae VID of theme z et and dIc,a)All rsons' pedally elderly
�ormeution. 1988(42 U.S.C. Rights Act ofh1rPed,shall be offered
(a)Relocation p! Executive 3001 et(27 FR 11527,
which Yue re Inspect
rr ed housing to
early stages ti development.8 Dung the Order 2), z7
Federal November descri24, bed
and offers the ( )Provide
and Federal-aid programa or servicer described to gent and continuing
shall be planned is such a projects this section.If the paragraph d a er (c)(2)of information tion on the availability,purchase
tha problemsbe In such that that a Agency determines Prices'and r+eAta1 cash of suitable
displacement of individuals, adjacent property commercial and
t Baine fsas with
families, for the realquired farm arsoniproperties and
organizations s.dad nonprofit project is cense substaantial from a business or any a displaced
businesses,
solutionsnare recognized�t economic Injury became of such obtain and become operation to
are Bevel ,ed to minimize the saervices
It may offer advisory established location. is a
adverse impacts ofel , ku�t. such suitable replacement hipsto persona
person.
adverse i impart appropriate,shall (2)Services to be provided ( ) ion by r
will
plannprecede ing
ny action by do measures,program shall The adjusting to advice
as other pe•anr is
dirplacnmy a angel ncy w b� ures,facilities,and�de such ao assistanceg,h ma seen vaila sources of
cato l c aces and natureshould of appropriate in orders as may hoththat as y available.,sad
the scoped to the dtspledty acrid be necessary coir or the relocation
to: such Supplycher may be appropriate.
(i)Det
the antia evaluation of activity preferences of each Person to be needs and with appropriate
ate information
to tie displacedcpalate.
including
ing an available to ppm displaced and explain the relocation PPropdatt Ihousinglpr eeing
and survey Planning timely
which the�notber mayabe Federal and Stytt housing pima.
resources
esp
involve a orderly relocations.
whi
��� related be eligible,fire administered disaster'loan and other programs
may hxdude the fano:dos Procedm for requand the irements, pprograms d f P ederal sad
offir'gRB assistance to
up ..
ar _; r. Fusel Register / Vol. 54. No. 40 / Thursday, March 2, i / Rules and Regulations 8937
_ ,�
aced persons.and technical help to be promptly notified es to any g 24.201 Relocation payments not
.; .„ persons applying for such assistance. additional documentation that is considered res Income
I- ('4)Any person who occupies required to support the claim.payment No relocation payment received by a
r ''.,property acquired by an Agency,when for a claim shall be made as soon as displaced person under this part shall be
0 it rah occupancy began subsequent to the feasible following receipt of sufficient considered ea income for the purpose of
acquisition of the property.and the documentation to support the claim. the Internal Revenue Code of 1954,
.. occupancy is permitted by a short term (c)Advance payments.If a person which has been redesignated as the
rental agreement or an agreement demonstrates the need for an advance Internal Revenue Code of 1988 or for the
• - subject to termination when the relocation payment in order to avoid or purpose of determining the eligibility or
property is needed for a program or reduce a hardship,the Agency shall the extent of eligibility of any person for
prefect.shall be eligible for advisory issue the payment.subject to such assistance under the Social Security Act
• services,as determined by the Agency. safeguards as are appropriate to ensure or any other Federal law.except for any
(d)Coordination of relocation that the oblective of the is
activities.• Relocation a��shall be accomplished. � � housingusing law providinga. low-income
coordinated with project work and other assistance.
displacement-causing activities to (d) tioue for ant ha l All filed with
aSubPart�s fQr acrd
ensure that,to the extent feasible. relocation payment shall be with Related Expensesth "awing
persons displaced receive consistent 'wit In 18 months after
treatment and the duplication of (i)For tenants,the date of f 24.301 Payment for actual resoond:de
functions is minimized.(Also see lr 74.6, displacement moving and related e
Subpart A.l (if)For owners,the date of moves.
12�2Ds Eviction for tronas. displacement or the date of the final Any displaced owner-occupant ar
payment for the acquisition of the real tenant of a dwelling who qualifies,aasl�isEviction for cause must conform to property.whichever is later. displaced person(def`med at 4 u
applicable state and local law.Airy (2)'ibis time period shall be waived entitled to payment of his or her actual
person who occupies the real property b the Agencyand related expenses,as the
and is not in unlawful occupancy on the (e)mato, forc good cause. movinggncy determines to be onable
date of the initiation of negotiations,is occupants
(gone
and necessary,
presumed to be entitled to relocation �1°ce�'ent dwelling.l[two or more including expenses for:
assistancets and other occupants of the displacement dwelling (a)Transportation of the displaced
trot part inters the Agency set forth move to separate replacement gymTransportation on and °al costs a distance
determine'that
d each occupant is entitled to aand 50 miles are not eligible.unless
(a)The person reoelved an eviction detamin0.ed Wele i share..as theoAgency detar�es that relocation
notice prior to the initiation of may.of anyrelocation n
M miles
negotiati ns and,as a result of that pynseats that would have b royt)Packin&cria Justified'
ating,unpacking.and
notice is later evicted;or been ode the moved onto a of the ane!
(b)The person is evicted after the together to a comparable replacement (c)Disconnecting.dismantling.
initatioa of negotiations far parlous cr dwelling,However.if the Agency removing,reassemb
repeated violation of material terms of determines that two or more occupantsloand i g
the lease ortha maintained separate households within relocated household appliances.and
occuprdic agreement;and the same dwelling.such occupants have other personal proper`•
undertaken for the me was sot separate entitlements to relocation (d)Storage of the personal property
purpose of evading payment.
the obligation to make available the unless the Agency determines that a
for a period not to exceed 12 months.
I payments and other assistance set forth (fj Deductions from relocation longer period is necessary.
in this pert payments.An Agency shall deduct the
amount of anyadvance relocation (e)Insurance for the replacement
For purposes of determining eligibility payment frothe relocation peymeat{s) value of the property in connection with
for relocation payments,the date of to which a displaced person to otherwise the move and necessary storage.
displacement b the data the person entitled.Similarly,a Federal agency (f}The replacement value of property
moves,or if later.the date s comparable lost.stolen.or damaged in the process of
replacement dwelling is made available. shall'and a State agency may,deduct moving(not through the fault or
This section applies only to persons who from�ocafion payments any rent that negligence of the displaced person.his
would otherwise have bees displaced the displaced person owes the Agency; or her agent,or employee)where
wy the profit provided that no deduction shall be Insurance covering such loss.theft,or
made if it would prevent the displaced
f 24.207 General fbr person from obtaining a comparable damage innotmovingreaso-related
expenses
relocatlon payments. replacement dwelling as required by (g)Other moving-related expenses
(a)Documentation.Any claim for c 5 24.204.The Al ency shall not withhold that are not listed as ineligible under
relocation payment shall be supported any part of a relocation payment to a ireal/nimblereal/nimble, the Agency determines to be
by such documentation as may be displaced person to satisfy an obligation reaablele and necessary.
reasonably required to support expenses to any other creditor. f 24.202 Flead payment tar miring
incurred such as bills.certified prices. (g)Notice of denial of claim.If the a moves.
appraisals,or other evidence of such Agency disapproves all or part of a Any person displaced from a dwelling
expenses.A displaced person must be payment claimed or refuses to consider or a seasonal residence is entitled to
provided reasonable assistance the claim on its merits because of receive an expense and dislocation
necessary to complete end file any untimely filing or other grounds.it shall allowance as an alternative to a
required claim for payment. promptly notify the claimant in writing payment for actual moving and related
)Expeditious payments.The of Its determination.the basis for its expenses ander f 2+4.301.This allowance
Agency shall review elgdms In en determinafian.and the procedures for shall be determined according to the
erveditLenai mangiet.The claimantnhall appealing that dam. applicable schedule approved by the
1 .r
8848 Federal
Register / Vol. 64, No. dp / 'Thursday, March
Faders! g' 1989j Rules and Regulations
Highway Adminis>tatloa This
includes a provision that the expense (i)Melaninsthe move of the personal
and dislocation allowance!o a property, (fv)Fees paid to aa real estate to t
with minimal personal possessionswho ( ]MOS the personal pro broker to locate a replacement site,
is in occupancy of a dormitory style (ill)Installing the relocated property,
and exclusive of any fees e C Site.
room shared by two or more other Property at the replacement location.personal related to the purchase of such site.
unrelated persons or a person whose (9)Reletterisg signs and replacing (ie)Other as reeligi expenses
residential move is performed bystationery on hand at the timethat are not listed Ineligible under
displacement that are madbsolete as reasonable and necessary.
agency at no cost to the person shall be s result of the move. Agency determines to b
limited to 550,
2�.3a3 Ps (10)Actual direct loss of tangible lb)Natrrequir n and inspection.The
moving � seansbte P property insured as a result of following requirements apply to
t�lated expenses—
nonresidential
on ersornal ro
:pauses— moving or discontinuing the business or payments under this section
fa)Eligible costs. consist farm operation.
the lesser aPaaYment shall [il The Agency shall inform the
faun apigibleY business ordisplaced
displacedwhich qualifin as a (i1 The fair market value of the item the
ofrements of arag writing, ( d
P person(defined at Z4. for canon (3) this section as o pts
entitled to payment2(g))is sed use at the displacement after the initiation of as possible
for such actual site,less the proceeds f its sale.(Tonegotiations, s
residential
moving and related as the be eligible for payment:the claimant information may be included in thecar determines t�sanable must make a relocation information
and necessary,includinggood faith effort to sell the provided to the
(I)Transportation expenses for. Personal property,=lees the Agencydisplaced persona.set forth in ro24203.
of personal
determines that such effort is not the The displaced person must provide
property.Transportation costs fora ary.When payment reasonable advance
distance beyond 50 mllas are not lass is claimed for p ayment for property notice of thea writtenh
eligible,unless the Agency determines the fair market value shalods l for� of approximate disposition
of the
that relocationle,wit start nathe move or d a list
of the the
that
beyond 50 miles is the cast of the goods to the business,not personal moved.Hoproperty and a items
the potentialto be However,the
(2)Packing, selling price.);ormay
uneratfng of the crating,unpacking,and (ii)The estimated cost of moving waive this notice le accordingly.
(3)�ncoan personal Pro item,but with no allowance for s o age. (3)do) a displaced
ed person
r ordsngly.
relocaremovted miasma
se r dish anwng, ng d(If the business o e arm operation(' yt make reason blet permit
other machinery,equipment;and based on a movingestimated cost shall be timely e Agencyem of the reasonable and
substituteppersersonal property.including (IA The reasonable cost inance curred of50
in replacement
e both the di�t and
Property described attempting to sell an item that Is not to replacement sites and to monitor the
at li 2t;.303(a)(12).This includes be relocated, move.
coiner to utilities available nearby. (rel Purchase of substitute [c) to take va If the displaced-
It also includes modifications to the Property.If an Item of personal electstoebusiness responsibility for person n
penal Property necessary to adapt it which is used as part of business or move of theaymake sfarm a
to the replacement structure,the farm operation is not moved but isperaiion,
to replacement
site,mor the structure,
the Promptly ope replaced a substitute item the on's moving�y s in an a for the
replacement site,ot e utili modificationsat t that orfwithnnot o e texpensesower to twon amount
necessaryto adapt performs a comparable function at acceptable exceed thelowerof
P the Petrideat the the replacement site,the displaced btheAgency bids orb attained
placement este to eke person is entltled to s by the
property(Expenses for providing lesser o!: P smart of the stag Atlhe a prepared by qualified
propsutilities from the right-of-wayto the Agency's discretion,a
building or improvement {f)The cost of the substitute item, payment far a low cost or
(4)Storage of the personalimprovement
are
excluded.) including installation costs at the uncomplicated bid may be based on a
for a period not to exceedproperty replacement site,minus any proceeds single bid or rstimatn,
for a the 12 months, from the sale or trade-In of the replaced (d]Transfer ac ord�p Upon
ushall
nless
Agency determines that a item;or request and is accordance with
longerperiod is necessary. (if)The estimated cost of moving and
(5) fore the aeplacement reinstallingtransfer
bto the�Agency claimant ownership
value the insurance
persona)property the replaced item but with atbeen oany
va lu
connection f withethe mvin no allowance for storage,At the sold,property that has not
ctornge, and necessary Agency's discretion,the estimated cost moved, or traded in.
g
(0)Any license for a low cost or uncomplicated move (e] for
t The amount of a
permit,or certification may be based on a single bid or payment for direct loss of an y she be
required of the displaced person at the estimate.
replacement location.However,the sign which is personal property shall be
payment may be based on the (13]Searching for a replacement
the lesser of:
usefulmnfe of the axis remaining location.A displaced business or farm {i}'sig depreciated reproduction the cost
or certifieatioh �license,permit, operation is entitled to reimbursement of the sign,lessas the determined by the
(7)The replacement value of propertyfor actual expenses,not to exceed Agency, Proceeds from its Bale;
last~stolen.or $1,000,as the or
damaged in the process of reasonable.which are incurred
to be (2)The estimated cost of moving the
moving(not through the fault or
negligence of the displaced searching for a replacement location. •�,but with no allowance far atarage
ar her agent.or Penin,his Including:
insurance covering
whets (13 Transportation. f 2+�stabUyu n e
xpiatses—
I e is not reasonably ouch loss,available.theft,or (ii)Meals and lodging away from moves.the
fon Professional servicesnecessarytame. In addition to the PaYm to available
reasonableTime
weebased on buee,�deof this subpart.ned in i( ,small
soopro&algaaisition tj,lean or
may be eligible to
in. ;,: Federal Register f Vol. 54. No. 40 I Thursday. March Z. 1989 f Rules and Regulations 8859
t'"'x receive a payment,cot to exceed (b) Ineligible expenses.g' The following payment to a nonprofit organization,
-1iY $io.000.for expenses actually incurred is a nonexclusive listing of shall equal the average annual net
in relocating and reestablishing such reestablishment expenditures not earnings of the business,as computed in
small business,farm or nonprofit considered to be reasonable.necessary, accordance with paragraph(e)of this
ik
R. organization at a replacement site. or otherwise eligible: section.but not less than$1,000 nor
(e)Eligible expenses.Reestablishment (1)Purchase of capital assets, such as, more than$20,000,The displaced
• expenses must be reasonable and office furniture,filing cabinets, business is eligible for the payment if
necessary,as determined by the machinery,or trade fixtures. the Agency determines that:
Agency.They may include,but are not (2)Purchase of manufacturing (1)The business owns or rents
limited to,the following: materials,production supplies,product personal property which must be moved
(1)Repairs or improvements to the inventory,or other items used in the in connection with such displacement
replacement real property as required normal course of the business operation. and for which an expense would be
by Federal.State or local law,code or (3)Interior or exterior refurbishments incurred is such move.and.the business
ordinance at the replacement site which ars far vacates or relocates from its
(2)Modifications to the replacement aesthetic purposes,except as provided displacement site.
property to accommodate the business In paragraph(aK5)of this section. (2)The business cannot be relocated
operationor it make refar (4)Interest an moneybo rowed to without a substantial loss of its existing
structurest
suitable far conducting the
business. make the move or purchase the patronage(clientele or net earnings).A
(3)Construction and installation replacement property. business is assumed to meet this test
costs,not to exceed$1.500 for exterior (5)Payment to a part-time business in unless the Agency determines that it
signing to advertise the business. the home which does not contribute seal not suffer a substantial loss of its
(4)Provision of utilities from right-of- =tarts-BY to the household income. existing patronage;and
way to improvements on the (31 business is not part of a
wayreplto improvements
nt sitvee. t* moving and molted commercial enterprise having more than
(5)Redecoration or replacement of A displaced person is not entitled to three entities which andare not hbeine
soiled or worn surfaces at the n by Agency,ery which are
soilsreplacementor site.such as paint, payment for. under the same ownership and engaged
pa�le •or ca (a)The cost of moving any structure is the same or similar business
(6)Licenses.fees ng. permits when or other real property improvement in activities.
not paid as part of moving expenses. which the displaced person reserved (4)The business is not operated at a
(7)Feasibility surveys.soil testing and ownership. er,this part does not displacement dwelling solely for the
marketing studies. preclude the computation utatioa under purpose of tenting such dwelling to
(8)Advertised of replacement i (�(4H 1:m othets-
location,not to exceed$1.500.
(b)Interest oma loan to cover ntovins (5)The business Is not operated at the
(9)professional services in connection expenses:or displacement site solely for the purpose
with the purchase or lease of a (c)Loss of goodwill;or of renting the sits to others.
replacement sits. (d)Loss of proBta:or
p (8)The business contributed e
(10)Estimated increased costs of (e}Loss of trained employees;or materiaIIy to the income of the
operation during the first 2 years at the (I)Any additional operating expenses placed person during the 2 taxable
replacement site,not to exceed 55,000, of a business or farm operation incurred yew priorto displacement(see
far such items as: because of operating in a new location i 242(a)1•
(1)lease ar rental charges. except as provided in i 24.304(a)[10):or bj Determinhig the ember ef
(U)Personal or real property taxes, (g)Personal injury;or businesses.In determining whether two
(iii)Insurance premiums,and (h)Any legal fee or other cost for or more displaced legal entities
(iv)Utility charges,excluding impact Preparing a claim for a relocation constitute a single
fees. payment or for representing the claimant business which Is
before the Agency; entitled to only one fixed payment.all
(]i)Impact fees or one-time g c'or pertinent factors shall be considered
assessments for anticipated heavy (i)Expenses for searching for a including the extent to which✓
utility usage. replacement dwelling or (1)The same premises and equipment
(12)Other items that the Agency (i)Physical changes to the real are shared;
considers essential to the property at the replacement lotion of (2)Substantially identical or
reestablishment of the business. a business or farm operation except as interrelated business functions are
(13)Expenses in excess of the provided in 14 24.303(a)(3)and carried out and business and financial
regulatory maximums set forth in 1 24.304(x];or affairs are commingled'
paragraphs(a)(3),(8)and(10)of this (hi Costa for storage of personal (3)The entities are held out to the
section may be considered eligible if property on real property already owned public,and to those customarily dealing
large and legitimate disparities exist or leased by the displaced person. with them,as one business;and
between costs of operation at the (4)The same parson or closely related
displacement site and costs of operation 124.306 Fixed payment for mowing persons own,control.or=nese the
at an otherwise similar replacement site, arpsnres--rtonrssldartnat mows. affairs of the entities.
In such cases the regulatory limitation (a)Business.A displaced business (c)Form operation.A displaced farm
for reimbursement of such costs may,at may be eligible to choose a fixed operation(defined at fin may
the request of the Agency,be waived by payment in lieu of the payments for choose a fixed payment of the
the Federal agency funding the program actual moving and related expenses, payments for actual moving and related
or project.but in no event shall total and actual reasonable reestablishment expemes and actual reasenandp
costs payable under this sectkin exceed expenses provided by If 24.303 and reestablishment expenses.in em amount
the$10.000 statutory maximum 24.3044.Such-fixed payment.except fir equal to its average mond net earn
T• s
., . -!s'.':.w rt .•
0
' 6940 Federal Register / Vol. 54. No. 40 / Th+ day, March Z, 1999 / Rules and Regulations
ae computed in accordance with relocation of the facility mates
paragraph(e)of this section,but not Ieas extraordinary expenses for its owner, Subpart E�Repfacente Housing
than S1,=nor more than$20,000.In the the displacing Payments
case of a partial acquisition than$of land P agency may,at its option,
which was a farm operation before the make a relocation payment to the owner l 24,401 Replacement housing payment
acquisition.the fixed s for all or part of such expenses,if the for 180-day homeowner ,pant&
payment shall be following (a)Eligibility.
made only if the Agencydetermines criteria are met: A displaced person is
that: (1)The utility facility legally occupies eligible for the replacement housing
(1)The acquisition(Apart of the land State or local government property,or payment for a 180-day homeowner_
+ property over which the State or local occupant if the person:
caused the operator to be displaced
from the farm operation on the government has an easement or right-of-
(1)Has actually owned and occupied
v remaining land;or way:and the displacement for not less
(2)The partial acquisition caused a (2)The utility facility's right of than 180 days immediately
y prior to the
substantial change In the nature of the occupancy thereon is pursuant to State initiation of negotiations;and
farm operation. law or local ordinance specifically (2j Purchases and occupies a decent.
(d)Nonprofit agarrizotran.A authorizing such use,or where such use safe,and sanitary replacement dwelling
displaced nonprofit organization may and occupancy has been granted following
ollow oge year after the later of the
gency
choose a fixed payment of$1.000 to through a franchise,use and occupancy ma° datesc(except that theo for
$20,000.to lieu of the payments for permit,or other similar agreement:andY extend such one year period far
actual moving and related expenses and good cause):
actual mownaan reestablishment (3)Relocation of the utility facility is (i)The date the person receives final
expenses,ifo therequired by and is incidental to the
it cannot be the Agency determines that primary purpose of the project payment or.in the case of for the condemnation.
dwellingda
substantial loss of existing patronage
out a program undertaken by the displacing the full of the estimate of the
ate
(membership or clientele).A nonprofit
agency and compensation is
organization is assumed to meet this
(81 There is no Federal law,other than deposited in the court.
test,unless the AgencydemonstrateseomethisAct which clearlyor(ii)The date the displacing agency's
the Uniform
otherwise.Any payment In excess of establishes a policy for the payment of obligation under 24.204 is met.
$1,000 must be supported with financial utility moving costs that is applicable to (W Amount of payment.The
statements for the two 12-month periods the displacing agency's program or replacement housing payment for an
bemused for r to the acquisition.The amount to Projec>:and eligible 180-day homeowner-occupant
of 2 years annual payment it the average (5)State or local government
may not exceed 122,5011.(See also
Aa
administrative a guise revenue,less reimbursement for utility moving caeU i 24.x)The payment under this
putt
Wee Appendix or payment of such oasts by the subpart is limited to the amount
(el displacing agency ie in accordance with necessary to relocate to a comparable
r+gge arurucl net earning,of a State law, replacemente dwellingwithin one year
business or farm operation.The average from the date the dilaced homewner-
; bunual net g (b)For the purposes of this section. occupant is paid for the displacement
earnings of a business or the term"extraordinary
farm operation are ane-half of Its net expenses" dwelling,
earnings before Fed means those or the date a comparable
income taxes during 'State,and local P expenses which.in the replacement dwelling is made available
the 2 taxable years opinion of the displacing agency,are not to such person,whichever is later.The
immediately prior to the taxable year in routine or predictable expenses relatinge
which it was displaced.If the business to the utility's occupancy of payment shall be the sum of
or farm was not in operation for the full way,and are not ordinarily budgeted as repl(1acement dwe elling
by which the cost of a
2 taxable years prior to displacement, operating expenses,unless the owner of acquisition cost of the displacement
net earnings shall be based on the the utility facility has explicitlyand dwell
actual period of operation at the dwelling.as determined U accordance
displacement site d knowingly agreed to bear such expenses with Paragraph(c)of this section:and
years displacement
the 2 taxable as a condition for use of the property,or (2)The increased interest costs and
prior to dis lacement projected to has voluntarilyagreedother debt service costs which are
an annual rate.Average annual net for such expenaesto be responsible incurred in connection with the
earnings may be based upon a different (c)A relocation payment to a utility
dwelling,
on the replacement
period of time when the Agency facilityowner for movingdwelas determined to accordance
determines it to be more uIta6le. Net costa under
this section may not exceed the cost to with paragraph(d)of this section;and
earnings include any compensation functionally restore the service
obtained from the business or farm - (3)The reasonable expenses
by its owner, owner's disrupted by the federally assistedreplacincidental to the purchase of the
operationporand its dependents.the Thenor displaced program or project.less any increase in accordance
with
paragraph
as e)of this in
person shall furnish the value of the new facility and salvage accordance with (e)of
pets Agency proof of value of the old facility.The displacing section.
certified � come tax orreht e• agency and the utility facility owner )Price The pticl differential-11)Basic
reasonable evidencecilt whichshall reach prior agreement on the under
computation. rag pricedifferentia!of this to be
determines is satisfactory. the Agency nature of the utility relocation work to paid under paragraph(61(11 of this
iE 24. 07 be accomplished,the eligibility of the section is the amount which must be
4 2pa4. Discretionary utility monition work for reimbursement,the addeddisto then acquisition ian cost the
ents.
responsibilities for financing and amo
unt
a equatl
dwellingto
(a)Whenever a amount a nal to the s providea� a total
undertaken program or project accomplishing the work,and the method q
by a displacing agency of accumulating costs andcomparable The reasonable cost of a
causes the relocation of a utility facility payment making neda accordance
with gas
(see 11 24.2(aa)and(bb))end the 4 24.3.) Appendix A.of this part. determined in accordance with
2A.403(a);or
x••
.k. Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations 8941
j The purchase price of the decent. fide mortgages that were valid liens on purchase of
"
,•:'"'.." a replacement dwelling,and
.. e,and sanitary replacement dwelling the displacement dwelling for at least customarily paid by the buyer,
- actually purchased and occupied by the 180 days prior to the initiation of including:
•' displaced person. negotiations.Paragraphs(d)(1)through
(1)Legal,rias
,. (2)Mixed•use and multifamily (5)of this section ah apply to the includingfoggy and related costs.
properties.If the displacement dwellingcomputationmortgage those for title search.
P of the increased
was part of a property that contained interest costs a preparing fees,conveyance Instruments,
n and
payment. which payment notary preparing surveys plats,
anotherdwelling unit and/or space used shall be contingent upon a mortgage and recording fees.
• for purposes,and/or is being placed on the replacement
located on a lot larger than typical for dwelling. (2)appraisalLendeFHA.or VA application
residential purposes,only that portion of (1)The paymentand nofees.
shall be based on the
the acquisition payment which is unpaid mortgage balances on the fees)that do npprepaid
on or ree aid
actually attributable to the displacement displacement dwelling:however.In the interest representP P d
dwelling shall be considered its event the person obtains a smaller
acquisition cost when computing the mortgage than the mortgage bale• ( ) un Certs m t to of structural
price differential computed in the buydown determination soundness and termite inspection when
(3)Insurance proceeds.To the extent the payment will be prorated endreqs '
necessary to avoid duplicate �� y( Appendix A
reduced s (5)Credit report
compensation.the amount of any of this part.)In the case of a hoose (61 Owner's and mortgagee's evidence
insurance proceeds received by a person equity loan the unpaid balance shall be of title,e.g..title insurance,not to
in connection with a loss to the that balance which existed 180 days exceed the costs for
a comparable
displacement dwelling due to a prior to the initiation of negotiations or replacement dweWng.
catastrophic occurrence(fire,flood,etc) the balance on the date of acquisition. (7)Escrow agent's fee.
shall be included in the acquisition cost whichever is less. (8)State revenue or documentary
of the displacement dwelling when (2)The payment shall be based on the s a ,sales or transfer taxes(not to
computing the price differential.(Also remaining terof the mortgage(s)on the exceed the costs for a comparable
m
see 1 24.3.) displacement dwelling or the term of the replacement dwelling).
(41 Owner retention of displacement new mortgage,whichever is shorter. (0)Such other costs as the Agency
dwelling.If the owner retains ownership (3)The Interest rate on the new determines to be incidental to the
of his or her dwelling.moves It from the mortgage used in determining the Purchase.
displacement site,and reoccupies it on a amount of the payment shall not exceed 01 Rental essisiancpoyment far MO-
replacement site,the purchase price of the prevailing fixed interest rate for day homeowner.A 180-day homeowner-
the replacement dwelling shall be the conventional mortgages currently occupant who could be eligible for a
sum ofIn
bymortgage lending institutions replacement housing payment under
(i)The cost of moving and restoring in which the replacement paragraph(a)of this section but elects
the dwelling to a condition comparable dwelling is located, to rent a replacement dwelling,is
to that prior to the move:and (4)Purchaser's points and loan eligible for a rental assistance payment
(Ii)The cost of making the unit a origination or assumption fees,but not not to exceed$5,250,computed and
decent.safe,and sanitary replacement seller's points.shall be paid to the disbursed in accordance with
dwelling(defined at;24�and extent: 124.402(bl.
(iii)The current fairm value for (i)They are not paid as incidental
residential use of the replacement site expenses;
a housing payment
(see Appendix A of this part, (ii)They do not exceed rates normal ti00day
24.401(4(41(tiif,unless the claimant to similar real estate transactions in the (a)Eligibility.A tenant or owner-
rented the displacement site and there is area; occupant displaced from a dwelling is
a reasonable opportunity for the (ill)The Agency determines them to entitled to a payment not to exceed
claimant to rent a suitable replacement be necessary:and $5,250 for rental assistance,as computed
site;and (Iv)The computation of such points in accordance with paragraph(b)of this
(iv)The retention value of the and fees shall be based on the unpaid section,or downpayment assistance,as
dwelling.if such retention value is mortgage balance on the displacement computed In accordance with paragraph
reflected in the"acquisition cost"used dwelling,less the amount determined for (c)of this section.If such displaced
when computing the replacement the reduction of such mortgage balance Perm
housing payment. under this section. (1)Has actually and lawfully occupied
(d)Increased mortgage interest cosh. (5)The displaced person shall be the displacement dwelling for at least 90
The displacing agency shall determine advised of the approximate amount of days immediately prior to the initiation
the factors to be used in computing the this payment and the conditions that of negotiations;and
amount to be paid to a displaced person must be met to receive the payment as (2)Has rented,or purchased,and
under paragraph(b)(2]of this section, soon as the facts relative to the person's occupied a decent.safe.and sanitary
The payment for increased mortgage current mortgage(s)are known and the replacement dwelling within 1 year
Interest cost shall be the amount which payment shall be made available at or (unless the Agency extends this period
will reduce the mortgage balance on a near the time of closing on the for good cause)after
new mortgage to an amount which could replacement dwelling in order to reduce (i)For a tenant,the data he or she
be amortized with the same monthly the new mortgage as intended. moves from the displacement dwelling,
payment for principal and interest as (e)incidental expenses.The or
that for the mortgaagge(s)on the incidental expanses to be paid under (ii)For an owner-occupant the later
displacement dwelling.In addition, paragraph(b)(3)of this section or of:
payments shall Include other debt E 24.402(c)(1)are those necessary and (A)The date he or she receives final
service costs,if not paid as incidental reasonable costs actually incurred by payment for the displacement dwelling,
costs,and shall be based only on bons the displaced person Incident to the or in the case of condemnation,the date
j 8942 Federal
mit / Vol. 54. No. 40 / Thursday. 2, 7989 / Rules and Re
Marchgmlaliona
the full amount of the estimate of just dotirei
compensation is deposited with the 'n t assistance payment in dwelling for purposes of co
court;or the amount the person would receive 8ihe
under paragraph(b)of this section if the reTorrent housing feasible.
(B)The date he or she moves from the penan tented a core (4) the extent feasible.comparable
displacement dwe ' parable
replacement dwellings shall be selected
(b)etal assistance fpllacement dwelling.At the discretion from the neighborhood in which the
Amount of payment An eligible assistaAgence a'a dawnpaymeat dIspincement dwelling was located or.if
displaced person who rents a any amount nototto ex may
a 25 ased to that is not possible,in nearby or similar
replacement dwelling is entitled to a However,the neighborhoods where housing
payment not to exceed$5.230 for rental homeowner shall exceed the amount generally the sante or higher.costa are
nt
assistance.(See also !i 24.40{,)Such the owner would receive under (b)l dwelling.
Before
of making a replacementp
payment shall be 42 times the amount 124.401(h)if he or she met the 180-dayell .gef°te m
obtained by subtracting the base housing
g a
monthly rental for the displacement occupancy requirement.An Agency's reg payment orrelsaai it a payment
dwelling from the lesser of discretion to provide the maximum from escrow.the Agency or Its
(a)The monthly rent and estimated payment shall be exercised a uniform designatedrepresentative dwellingtive shall inspect
average monthly cost of utilities for a and consistent manner,so that eligible replacemente itusdecent and d walla e
r+eplacof dw displaced bons in like circumstances dwellin L edefinedesafe.and sanitary
comparable)The lire dwelling;or are treated equally.A displaced person dwelling as fte at 1 me(f).
lily rent and estimated eligible to receive a (c1 i �hase of tePlacemzierrt dr++elli�sg
average monthly cost of utilities far the Payment 24.401(a)a leo- Adis laced
decent.safe.and sanitaryday owner ant under f P Peen is considered replacement not eligible have met clic to to
dwelling actually occupied by the for this peym alas re4ufrementpurchase a
displaced person. 11PPmtdlx A of this part.f c).) replacement dwelling if the person;
(2)Base monthly rental for (21 !cation of payrrrerrt The full (t1 Purchases a dwelling or
• displacement dwelling.The base f a replacement assisthousing eubataadard dwe rehabilitates a
monthly rental for the displacement ant must payment for d Pa3► nt assistance or
dwelling is the lesser of applied to the ptu�chaee price of (3)Relocates a dwelling which he or
(i]The average monthly cost for rent the replacement dwelling and related she awns or purchases;or
or
and utilities at the displacement incidental expenses.
(4)Constructs a dwelling an a site he
period prior to 124.103 Additional rules aovw, pturhe purchase
h
i displacement,as determined by the t booming payments. (5)ftg Contracts for the purchase or
Agency.(For owner-occupant.use (a)Determining cost o f construction of a dwelling on a site
the fair market rentfer the displacement replacement dwelling. comparable person
owns 6y a builder purchases.an a site the
dwelling.For a tenant whopaid little or a The limit of or nsa pre
no rent for the who dweittle based' t ng payment shall be (t3]Currently owns a previously
use the fair market rent,unless its use replacement dwellingcomparable of purchased shall dwelling and site,valuation
current
would result in a hardship because of 124.2(d)). (defined at fa which market
be on the basis of
the person's income or other (1)If available,at least three felt market value.n
circumstances);or comparable (d)�c�ai'rogttirromerrm� lir
(ii)Thirty(30)es); percent of theexamined replacement dwellings shall displocarmeat arrep/ac ment dwelling
average gross household incl (Iftheon the basif the dpayment computed Na person shall be denied eligibility for
to provide appropriate dwelling most nearly a replacement homing payment solely
personnce refuses income orisa smnt representativehof,and equal to.or better because the person is unable to meet the
the base monthly rental shall be e displacement dwelling.An occupancy requirements ret forth in
established solely on the criteriaallbe in adjustment shall be made to the asking these regulations for a
reason paragraph price of any dwelling,to the extent his or her control,including
beyond
tirep (b)(2)(1)of this section.A full justified by local market data(See also
time student or resident of an institution 124.205(a)(2)end Appendix A of this (1)A disaster,an emergency,u
may be assumed to be s dependent. imminent threat to the lit ealth or
aybe the personumed demonstrates a dependent.
part).An obviously overpriced dwelling welfare,as determined by the President.
otherwise.)~or may be ignored the Federal agency funding the project
or
(iii)The of the amounts (2)If the site of the comparable or the displacing agency;
designated totalrshelter and utilities if replacement dwelling lacks a major (2)Another reason.
exterior attribute of the son.apch ss a delay in
receiving a welfare assistancepaymentdisplacement the construction military
ofr the replacement
eor
from a that designates dwelling elle,(e.g.,the site to dwelling.
from
it program for aand gnat s sigma y'm�'or does not contain ho stay,asreaduty, h
(3) its shelter
disbursementa 8whmnjng pool),the value of eachAgency. determined by the
assistance Manner ce f A rental attribute shall be subtracted from the
be ment may.et the acquisition cost of the displacement (e)diCosplaced
of ant A
Agency's an
However sum or an installments Ire nta pa purposes of computing the replacementdwelling on woo and recinitialeives arunts either slump s
except as limited by (3)If the acquisition of arental yes)ii eligiblee payment under
1 24.403(f),the full amount veats typical residential portion of a 1 Z4.402(b)eand to receive 124.a
immediately.whether or not there iscauses the he or sunder the 24.401 criteria
if
later change in the ' any displacement of the owner from the he or she meets eligibility
rant.or an the dpzp on aunt local neo dulldanlend the re ain er is a/ ncy eria for
theren.or in ths housing such payments.Including reg tribe purchase and
[c]paw may offer to purchase the entire Occupancy within the pre cribec,i•year
been
pa(c)Do—pi a f tance art property.If the owner refuses to sell the
period.
sap�Yperneportion thatof h reale!
a eig hn�l pe soawhc purchases valAn ue ooffremainder the maybe added to disbursed stall beetfrom the
in rti the acquisition costa/the displacement IZt40 computed-under[�.4Qi try
4 Federal Register / Vol. 54, No. 40 / Thursday, March 2. 1989 / Rules and Regulations. 8844
` N... '' (o payarent after death.A (b)Basic rights of persons to be including upgraded,but smaller
%.`-.. :1,r 7.plecement housing payment is displaced.Notwithstanding any replacement housing that is decent,sale,
personal to the displaced person and provision of this subpart,no person and sanitary and adequate to
'•;,-. ':•;". 'r.;,-din his or her death the undisbursed shall be required to move from a accommodate individuals or families
w. .. on of any such payment shall not displacement dwelling unless displaced from marginal or substandard
litl .- paid to the heirs or assigns,except comparable replacement housing is batwing with probable functional
•_ _ ; fit; available to such person.No person may obsolesenca.In no event.however,shall
(1)The amount attributable to the be deprived of any rights the person a displaced person be required to move
i •f• displaced person's period of actual may have under the Uniform Act or this into a dwelling that is not functionally
occupancy of the replacement housing part.The Agency shall not require any equivalent in accordance with
shall be paid. displaced person to accept a dwelling 124.2(d)(2).
-. A (2)The full payment shall be provided by the Agency under these (3)The agency shall provide
disbursed in any case in which a procedures(unless the Agency and the assistance under this subpart to a
• member of a displaced family dies and displaced person have entered into a displaced person who is not eligible to
:; ' the other family members)continue to contract to do so)in lieu of any receive a replacement housing payment
occupy a decent,safe,and sanitary acquisition payment or any relocation under I f 24.401 and 24.402 because of
replacement dwelling. payment for which the person may failure to meet the length of occupancy
(31 Any portion of a replacement otherwise be eligible. requirement when comparable
boustsng payment necessary to satisfy (c)Methods of providing comparable replacement rental housing is not
the legal obligation of an estate In replacement housing.Agencies shall available at rental rates within the
connection with the selection of a have broad latitude in implementing this
person's financial mean,which is 30
replacement dwelling byor on behalf of subpart.but implementation shall be for
deceased rsonnshalbe disbursed to reasonable cost,on a case-by-case basis hnt of the persons gross monthly
Pe b household income.Such assistance shall
the estate. unless an exception to case-by-case cover a period of 42 months_
cMs analysis is justified for an satire project.
124.404
2 . Replacement housing of last
{i)The methods of providing Subpart F—Motitla Homes
replacement housing of last resort
i. (a)Determination to provide Include,but are not limited to: !24.501 Appttcsbtl►.
replacement housing of last mod. (1)A replacement housing payment in This subpart describes the
Whenever a program or project cannot excess of the limits set forth in 1 24.401 requirements governing the provision of
proceed an a timely basis because or ll 24.402.A.rental assistance subsidy relocation payments to a person
comparable replacement dwellings are under this section may be provided in displaced from a mobile home and/or
not available within the monetary limits installments or in a lump sum at the � i home site who meets the basic
for owners or tenants,as specified in Agency's discretion. eligibility regsite who of this part.
124.401 or 124.402.as appropriate,the (ii)Rehabilitation of and/or additions Except as modified by this subpart.such
. Agency shall provide additional or to an existing replacement dwelling. a displaced person is entitled to a
alternative assistance under the (iii)The construction of a new moving expense payment In accordance
provisions of this subpart.Any decision replacement dwelling. with Subparts and a replacementr
to provide last resort housing assistance (iv)The provision of a direct loan, housing payment in accordance with
must be adequately justified either. which requires regular amortization or Subpart E to the same extent and
(1)On a case-by-case basin,for good deferred repayment.The loan may be subject to the same s
a
s requirementt
cause,which means that appropriate unsecured or secured by the real persons displaced from convrequirements
as
nal
consideration has been given to: property.The loan may bear interest or dwellings.
(i)The availability of comparable be interest-free.
replacement housing in the program or (v)The relocation and if necessary, 124.502 Moving and related expenses—
project area;and rehabilitation of a dwelling. mobile homes.
(ii)The resources available to provide (vi)The purchase of land and/or a (a)A homeowner-occupant displaced
comparable replacement housing,and replacement dwelling by the displacing from a mobile home or mobile displaced
e
(iii)The individual circumstances of agency and subsequent sale or lease to, ientitled to a payment for the coat of
the displaced person:or or exchange with a displaced person, his or mobile home on an
(2)By a determination that: (vii)The removal of barriers to the movingval chisst basisr her is accordance home with
(1)There is little,if any,comparable handicapped.
replacement housing available to (viii)The change in status of the I 24.301.A non-occupant owner of a
displaced persons within an entire displaced person with his or her rented mobile home is eligible for actual
program or project area:and,therefore, concurrence from tenant to homeowner cost reimbursement under;24.909.
last resort housing assistance is when it is more cost effective to do so, However,if the mobile home is not
necessary for the area as a whole;and as in cases where a downpayment may acquired.but the homeowner-occupant
(ii)A program or project cannot be be less expensive than a last resort obtains a replacement housing payment
advanced to completion in a timely rental assistance payment. under one of the circumstances
manner without last resort housing (2)Under special circumstances, described at 24 503[a)(3],the owner is
assistance:and consistent with the definition of a not eligible for payment for moving the
(iii)The method selected for providing comparable replacement dwelling, mobile home,but may be eligible for a
last resort bousiug assistance is cost modified methods of providing payment for moving personal property
effective.considering all elements which replacement housing of last resort from the mobile home.
contribute to total program or project permit consideration of replacement (hi The following rules apply to
costs.(Will project delay jus ►waiting housing based on apace and physical payments for actual moving expenses
for less expensive comparable characteristics different from those in under I 24.301:
replacement housing to become the displacement dwelling(see (1)A displaced mobile homeowner.
available?) Appendix A,of this part.124.404), who moves the mobile home to a
6rt 4 Federal [raging / VoL S4, No. 40 / Thursd Mara
seal} 4, 1989 / Rules and Regutatfoae
replacement alta,b eligible for the
reasonable cosi of dfs gable f replacement housing payment,not to but the occupant is codsiderad�l
exceed 55,250,ander
of
moving.and reassembling any attached (a)Thei actually occupied the under dila part,the Initiation of�l +d
such as porches.dodo, displacement mobile borne on the negotiations is the ire l la d.
skirting,and awnings,which were not displacement site for at least 90 days thelandnegotiations to acquire the land or.if
acquired.anchoring of the unit and immediatelyy the land is not that he rad,the a displaced
utility'book--uupp^merges. negotiation=
prior to the Initiation of personcation he or she is a
(2)if a mohair homeThe pereon meets under this part,
and/or a mohair
so be eligibility requirements a other baric
i, moved and/or made decant,safe.and d ty q I 402(ar (d]Person mores mobile home.U the
sanitary,and the Agency determinesmovingowner i°reimbursedmobilehome for the cost of
that It would Agenc (c)The Agency acquires the mobile the under this
incur the would
economicallybel feasible to home and/or mobile home site,or the he or she is not eligible to ramie a per'
tease.the / mobile homenot acquired by the Placement housing payment to
reasonable cost of such repairs and ar
modifications is reimbursable. owner ar tenant is purrhasirog or assist
displaced trom the mobile home home.The
(31 A nonreturnable mobile borne park of one of the because atperson matey,owmt ,
entrance fee is reimbursable to the circumstances daaQibed at eligible for Iece assistance hi peurh8�g
extent it does not exceed the fee at a f 24.533(0(4 or renting a replacementrite.
comparable mobile home pack.K the f 24►91$ Additional nibs (e)Partial acquisition of mobile
person La displaced from a mobile home + caBaq prrnnat#bo Park The acquisition of ata
ar the Dna property may leave a
parkpaymentreiof the fee neves ro�e�ect (e meat housi�Paymentremaining part a Pity that is net
based on dwelling and site.Both Wee te to d°°�� operation of
maining
4 xsW P mobile borne and mobile home site menet a mobile home lopark./Ether�catedd in urea that
tmond%Payment be conal
for .503 r retable creed when computing a part of the
��a tis. replacement housing payment.For property musto .the moved
(a)A displaced owner-occupant of a example,a displaced mobile home direct ree tenant of h ll b eco owner
mobile bome is entitled to a replacement occupant may have owned the dna any vn who be entitleddeto a
under
Zpaym nt.: not to mooed$22,500, displacement mobile home and rented displaced pavan on isand is to
(1). the site or may have rented the assistance
this
other
Person both owned the displacement mobile home and owned assistance under put
displanement mobile home and occupied the Alsrt a person home
it on
displacementdisplacementsiteee for at tenet t mo
bile
180
0idays immediately prior to the and rent a replacement dins,or rent a 4 24.661 PrapoM.
(2)The
eligibility parson
me meats
the
at ether
basic a replacement site.In such us� thes; replacement mobile haute and to
subpart Peed a State under
Agency
hall
and E ' (ale total replacement housingfulfill its Act by certifying
corder the
consist of a payment a payment shall Uniform by
(3)13e Agency acquires the mobile a a dwelling and operate in armord�t rte taw
home and/or mobile home site,or the under the a for a site,each computed
obr home is nota applicable section in Subpart regulations which shall asnif rm
squired by the E.However. the purse and effect of the Uniform
Agency but the owner is displaced from housing payment under Subpartcement oat; a�ofIproviding the assurances
the mobile home because the Agency not exceed the maximum E shall required by 24.4 of Iiia part
determines that the mobile home; (eitherpayment
(i)V not and $22.500 or 55.250J permitted I 24.602 Certification epP oatton.
cannot economically be under the section that governs the
made decent,safe,and sanitary;or computation for the dwelling. (a) (1)The State governor,aor
(Li)Cannot be relocated without i 24.403 (See also his or her
substantial damage ro)') Statedesignee,on behalf of any
coat or mag unreasonable @}Coll of compmable r�eplccemerrt agency or agencies may apply far
(iii)Cannot be relocated becausedwelling--(1}If a comparable certification a��daarse with this
there i,acam replacement mobile home is not sewn
heeca no
available erne; r parable available,the replacement housing (2)Theo administer
designate a lead
payment shall be computed on the basis agency toe withthithis section.
e tion.tins in
(iv)Cannot be relocated because it of the reasonable cost of a conventional accordanew this sachion,
does not meet mobile home park comparable re
does not requirements.mobile (Zj IF the dwelling. (b)Responsibilities of State agent
(b)If the mobile home!s not acquired, would bepracticalAgency
detees that ft (1)The State agency's aPPdcatian shall
and the Agency determines that it la not mobile home,but te relocate the submitted to the governor.or his or
aL
practical to relocate it.the acquisition elects not to do so.the A e owner-occupant disap deaten—ee.fora ye er
when tocost of m ecement dwelling used determine that.forpurposp
computing the price differential computing the (2)of in a Stale"element
that application shall
amount,described at f 24.401(c), price differential ander contain a etata rry the grate
amincluden the scriber ( ),shall i 24.401(c).the cost oft comparable agency shall carry out the
value the mobile home,or trade-in rep j cement dwelling is the sum of responsibilities imposed by the Uniform
higuer. ever is (i The value of the mobile home, Act.The State
(d)The cost of anyne oagency Stateapplaws
and shall
i x4.s04 art or nradlfications,and cesaery repairs include a copy of the lams
for .5 4ay mobile Ham.*mamma payment (UI)The estimated cost of regulations which shape%Term accomplish the
1►d�lased tenant mobile home to a replacem et site. pinup Re and ibiE of f governor
Act.
of a mobilo home i f `° (c)lnitiatker of neg�duorw Nth. (c) deg nese ft)T of g or his
Te lm a mobile home Iona aemally.,d or her desig ee.shallit�a
or her derigriee, approve governors�his
Federal Register / Vol. 54. No. 40 / Thursday, March 2, 1980 / Rules and Regulations ORS
disapprove the State agency's end regulation,athe
'r application. purpose notice to and consultation with the
PP and effect of the Uniform Act.with governor,or his or her designee.rescind
{2)The governor.or his or her particular emphasis on the definition of any previous approval provided under
designee.shall have discretion to a displaced person,the categories of this subpart if the certifying State
disapprove any State agency assistance required,and the levels of agency fails to comply with its
application. assistance provided to persons in such certification or with applicable State
(3)The governor,or his or her categories; law and regulations.The Federal agency
designee,shall analyze State law and (iii)Provide a 60-day period of public shalt initiate consultation with the lead
regulations and shall certify that they review and comment,and solicit and agency at least 30 days prior to any
accomplish the purpose and effect of the consider the views of interested general decision to rescind approval of e
Uniform Act. purpose local governments within the certification under this
(4)The governor,or his or her State.as well as the views of interested agency will also inform subpart.�ed raleed
designee,shall determine in writing Federal and State agencies and consider agencies which haveaccepted a
whether the State agency's professional all comments received as a result and certification under this se�art,rrom the
staffing is adequate to fully implement (iv)Consider any extraordinary
the State law and regulation,. information it believes to be relevant. ease State aha'and win take
(5)If the State agency's application Is (2)After considering all the a prohr ,other actfoa that may be
approved by the governor,or his or her information provided,the lead agency ap�te'
designee.it shall be transmitted to the Shall either make a finding that the State (d)Section 1a4bp(21 of the Uniform
Federal agency providing financial agency will can,out the Federal Act,as amended.requires that the head
assistance to the State agency,with an agency's Uniform Act responsibility in of the lead agency report biennially to
information copy to the Federal lead accordance with State laws and the on State agency
icy regulations which shall accomplish the implementation of section los.To
(6)When a determination Is received same purpose and effect as the Uniform enable adequate preparation of th e
from the Federal funding agency,the Act.or shall make a determination that prescribed biennial report the lead
governor.or his or her designee.shall a hurting cannot be made:and shell se icy allperiodic fnfveunetien
notify the State inform t�Federal $agcy, or date from affected Federal or State
(di Responsibiliner of Federal funding agencies.
agency.(1)The Federal funding agency f24-653 Alonttortng end eoerectiva edea,
shall accept the approved application (a)1 Federal lead agency shall.in Appendix A b Peet 24—Additional
for certification provided by the coordination with other Federal d=
governor or his or her designee and shall agencies.monitor from time to time This appendix provides additional
not conduct en independent review State agency implementation of Information to explain the intent of
unless or until Ware monitoring or other programa or projects conducted under certain provisions of fids part.
appropriate indicators reveal program the certification process and the State
deficiencies therefrom. agency shall make available any Subpart A--General
(2)The Federal fun agency aka informstioe required for this purpose. Section 2d2 Definitions
transmit all complete,approved (b)A Federal agency that has
applications,for certification to the accepted a State Agency''certification Section 24.24'dX2,! Definition of
Federal lead agency. pursuant to this subpart should withhold C ' able Cpl &The
(3)At the same time as transmission its approval of any of its Federal requirement in;IL2td)(2)that a
to the Federal lead agency or during the financial assistance to any project, comparable replacement dwelling be
public comment period,the Federal program,or activity,in progress or to be Yunction� valent"Y equito tea
funding agency shaft provide to the lead undertaken by such State agency,if it is displacement dwelling mesas that it
agency its written assessment of the found by the Federal agency that the must perform the same iemctm n,provide
State agency's capabilities to operate State agency has failed to comply with the same utility.and be ca able of
under certification. the applicable State law and regulations contributing to a comparable style of
(4)The Federal funding agency shall implementing those provisions of the living as the displacement dwelling.
promptly notify the governor.or his or Uniform Act for which the State agency While it need not possess every feature
her designee,of the Federal lead would otherwise have provided the of the displacement dwelling,the
agency's determination described in assurances required by sections 210 and FrinciFel features must be present
paragraph(e)(2)of this section, 305 of the Uniform Act.The Federal For example,if the displacement
(5)The Federal funding agency'ball agency may withhold Federal financial dwelling contains a pastry and a similar
recognize the State
agency's assistance if the certifying State agency dwelling is not available,a replacement
certification within 30 days of the fails to comply with the applicable State dwelling with ample kitchen cupboards
Federal lead agency's law and regulations implementing other may be be Insulated and
(e)Responsibilities ofof F�rsr!lead provisions of the Uniform Act The heated space In a garage might prove an
agency.(1)The lead agency sly Federal agency shall notify the lead adequate sabstitute far basement
(i)Accept the approval provided by agency at leapt 15 days prior to any workshop space.A dining area may
the governor.or his or her designee,and decision to withhold funds under this substitute far a separate dining room.
shall not conduct an independent subpart.The lead agency,may consult Under sante dunces,attic space
review,except as provided for in with the Federal agency upon receiving could substitute for basement space for
paragraphs(e){i}[ll},(iii)and(iv)of this such notification.The lead agency will storage purposes,and vim versa.
section.unless future monitoring or also inform other Federal agencies Only in unumecal circumstances may a
other appropriate indicators reveal which have accepted certification ander comparable replacement
dwelling
pr deficiencies originating this subpart from the same State agency contain fewer rooms or,consequentially.
thof the pending actker. less Bring space than die displacement
(El)Analyze the extant to which the [c]A Federal anp filer dwelling.Seth may be the este when a
provisions of the applicable State laws consultation with the ead agency.and decent safe,and stseltry replacement
8948 Federal Register / Vol. 54, No. 40 / Thursday. ",
March x, 1989 / Rules and Regulatiarts
dwelling[which by definition is • -�,..
"adequate to the co ams sad increased relocation housing Subpart B—Real property Acquisition gY
uat person)accommodate")may be found to be Chs#a during the temporary relocation.
Sectionpdisplaced pe sn)equivalent"to a larger but It h also noted that any person who Acquisition R ui emenb!lity of •
very run-down substandard ar8 disagrees with the Agency's Requirements
displacement dwelling, determination that he or she is not a Section 24.101(6) Leas-than fu!!,
Section 24.2[4)(7)requires that a displaced person under this part may interest in real property.This provision
comparable Sectio2,replacement dwellingatfile an appeal in accordance with provides a benchmark beyond
fora the
person who Is not receiving assistance
�x•10• requirements of the subpart clearly
Section 24.2(10 Initiation ofapply to leases.However,the Agency
under any government housing program negotiations.This section of thmay apply the re
before displacement must be currently provides a special definition for Part: repletion/to any lees-
available on the private market without than-full-fee acquisition which is whorl
any subsidy under a government acquisitions and displacements under of 50 years but which in its judgment
housing program, Pub.4 9t1-610 or Superfirnd,These should be covered.
activities differ under ,�
A public housing unit may qualify ase relocation may � nd in that Section 24.102 Basic Acquisition
comparable replacement dwelling only reverse precede a quenisttioa.the Policies
for a person displaced from a public Superfund�of �normal sequence.
Dousing unit:a privately-owned program designed to Section 24.102(d) Establishment of
clean up hazardous waste sites.When offer of just conprnrction.The initial
dwelling with a housing program
subsidy tied to the unit may qualify as a such a site is discovered.it may be offer to the property owner may not be k'
comparable replacement dwelling necessary,in certain limited less than the amount of the
for a person displaced a sing only circumstances,to alert the public to the approved appraisal.but may Aexcceeds
subsipizeo nail pr Pudlic housinm a danger and to the advisability of moving that amount if the Agency determines
bi program subsidy to a immediately.If a decision is made later that a greater amount:�ects just
housing[nottoga subsi 1.such s person to permanently relocate such persons. compensation for the property.
f) Basicaegatiation
8 o theibg Housing Program those who had moved earlier would na Section 24.1
Sectiontifica�le or a Ffouslus Voucher,may longer be on site when a formal,written PnCedures.Rt isiinntended that an offer
be refected is an offer of a comparable offer to acquire the property was made to an owner be adequately presented.
pland thus would lose their eligibility fora and that the owner be properly
replacement dwelling to a person
receiving a similar subsidy or oocupytreg replacement bonging payneenL In order informed.Personal,face-to-face contact
a privately-owned subsidized unit or to prevent this unfair outcome.we have should take place.if feasible,but this
public housing unit before displacement. provided a def nitron which is based on section is not intended to require such
However.nothing in this part the public health advisory or contact in all cases.
announcement of permanent relocation. Section 24.102(1) Administrative
prohibits as Agency from offering,or
precludes a person from accepting, Section 24.3 No Duplication of settlement This section provides
assistance under a government housing Payments guidance on administrative settlement
Program.even if the person did not ee an alternative to judicial resolution of
receive similar assistance before This section prohibits an Agency from a difference of opinion on the value of a '
displacement.However.We Agency is making a payment to a person under property,to order to avoid unnecessary
obligated to inform the person of his or these regulations fleet would duplicate litigation and congestion in the courts.
her options under this part.(If a person another payment the person receives
accepts assistance under a government under Federal.State,or local law.The 'u relevant consideredfactand Age tayces
housing program,the rental assistance Agency is not required to conduct an official
be by an Agency
payment under 124.402 would be exhaustive search for such other pprai ars.indelegacluding
this authority.
computed on the basis of the person's payments;it Is onlypppr isers. including be pressured
actual out-of-pocket cost for di( creating a duplicaton requiredd on the avoid appraisers.must not value for the e
replacement housing.) Agency's knowledgeadjustuotheir estimate such en
Section 24.2(81(2) Persons not payment under at the time a purpose ofowouldjustifying invalidate
ste thmenis.
displaced Section 24.2(g)(2)(iv) computed regulations is Such action would invalidate the
recognizes there are circumstances appraisal process.
where the thatthere real mstancrty Section 24.9 Recordkeeping and Section 24.1022(j) Payment before
takes place without the intent or Reportstaking possession. it is intended that a
necessity that an occupant of the Section 24.9(c) Reports.This be obtained my in the exceptional case,
property be permanently displaced. paragraph allows Federal agencies to such as an emergency project.when
Because such occupants are not require the submission of a report an there is no time to make an appraisal
considered"displaced persons"under activities under the Uniform Act no andPP
this part,great care must be exercised to mare frequently than once everypurchase offer and the property
ensure that they are treated fairly and years.The rethree owner is agreeable to the process.
equitably.For example.if the tenant- activities during the Federal fiscal year will cover Section 301(8)fizzle) Faiormnt c
occupant of a dwelling will not be immediately prior to the submission hat on of the Uniform Act limitsa
displaced.but is required to relocate date.In order to minimize the what an Agency may chargewhena
project
in connection with the administrative burden on former owner Is permitted t r occupant of a
project must beyoraea�safe,eed implementing this part.a basic port property for
shrt term mortthe
he
form(see Appendix B of this part)has propertyfora short termination when
sanitary and the tenant must be been developed which,with only minor theAgency 4 subject tonotice.
Sch re by
t
reimbursed for all reasonable out-of- modifications,would be used in allon short as r entacv rent
withpocket
temporaryoenses in relocation.ce nnection Ped federally-assisted programs may not short term occupier."exceed"the value
st Generally.the Agency's right to
Federal Register I Vol. 54, No. 40 / Thursday. March 2, 1999 / Rules and Regulations 8947
.. .....
terminate occupancy on short notice for the reviewer's recommended or lowest acceptable bid or estimate.as
• (whether or not the renter also has that approved value depend on the provided for in 1 24.303(c).
,? right)supports the establishment of a complexity of the appraisal problem.For Subpart D—Payment far Moving and
• lesser rental than might be found in a a low value property requiring an Related Expenses longer,fixed-term situation. uncomplicated valuation process.the
Section 24.13 Criteria for Appraisals reviewer's approval,endorsing the Section 24.306 Fixed Payment for
Standards appraiser's report.may satisfy the Moving Expenses—Nonresidential
Section 24.103(a)
of requirement for the reviewer's Moves
appraisal In paragraph(s)(3)of this statement.
section.It Is intended that all relevant Section 24.306(d) Nonprofit
and reliable approaches to value be Section 24.108 Expenses Incidental to organizations.Grass revenues may
utilized.However,where an Agency Transfer of Tide to the Agency include membership fees,class fees.
determines that the market approach cash donations,tithes.receipts from
will be adequate byitself because of the Generally,the Agency is able to pay sales or other forms of fund collection
such incidental costs directly end.
type of property being appraised and the that enablesnthe nonprofit organization
uses ar
availability of sales data.it may limit where feasible.is required to do so.In to aper:6e.Administrative expenses are
the appraisal assignment to the market order to prevent the properly owner those for administrative support such as
approach. l=oge making unnecessary out-0f-packet tet,utilities.salaries,edvertisiag and
Section 24103(b) influence of the expenditures and to avoid duplication of other like items as well as fund raising
project on just compensation.As used in expenses.the.property owner should be expenses.Operatingexpenses for
this section.the term"project'is informed earlytin
n e acquisition process erg out the purposes of the non_
intended to mean an undertaking which of the Agency's intent to make each profit organisation are oat included in
arra eats In addition.it is
is planned.designed and intended to Jaz administrative expenses.The monetary
operate as a gait emphasized that audr expenses must be receipts and expense amounts may be
Because of the public knowledge of reasonable and necessary• verified with certified financial
the proposed project,property values Subpart C—General Relocation statements or financial documents
may be effected.A grape owner Requirements required by public agencies.
should not be penalized because of a
decrease in value carolled by the Section 2411,1 Availability of Section 24.307 Discretionary Utility
proposed project nor reap a windfall at Coarparoble Replacement Dwelling Relocation Payments
public expense because of increased Before Displacement Section 24.307(c)describes the issues
value seated by the proposed project Section 24.204(a) General This which must be agreed to between the
Section 2LXQ4(e) Cenflietof jaternaL provision requires that no one may be dil�g agency and the utility facility
The overall objective is to minimizethethe required to move ham a dwelling owner hi detetmining the amount of the
risk of fraud and mismanagement end to without one replacement payment.To facilitate and aid
promote public confidence is Federal dwelling having been made available.In in reaching such agreement.the
and federally-assisted lend acquisition practices in the Federal Highway
additionpractices.Recognizing that the costs ,.hero I three m ro�at. Administration regulation.23 CFR 045,
may outweigh the benefits in some comparable dwellings shelf Subpart A.Utility Relocations,
circumstances.1 24-1Gge)Provides that be made availebla."'Thus the beak Adjustments and Reimbursement,
the same person may both appraise and standard for the number of referrals should be followed.
negotiate an acquisition,if the value is
$2.500 or less.However,it should be required under this section is three. Subpart B—Replacement Housing
noted that all appraisals must be Only in situations where three Payments
reviewed in accordance with#24.104. comparable replacement dwellings are
This includes appraisals of real property not available(e. when the local Section 24 401 Replaceaeeat Housing
PP P Pe - housing market does not contain three Payment Por1130-Day Xveneotnrer�
valued at$2,500,or less. comparable dwellings)maytheAgencyO'c'cupants
Section 24.104 Review of appraisals make fewer than three referalsSection 24.4O1(a)(2).The provision for
This section recognizes that Agencies Section 24.205 Relocation Assistance extending eligibility for a replacement
differ in the authority delegated to the Advisory Services housing payment beyond the one year
review appraiser.In some cases the period for good cause means that an
reviewer establishes the amount of the Section 24.2O5(cXZXii)(Cl is intended extension may be granted if some event
offer to the owner and in other cases the to emphasize that If the comparable beyond the control of the displaced
reviewer makes a recommendation replacement dwellings are located in person such as acute or life threatening
which is acted on at a higher level.It is areas of minority concenfro_ .U illness,bad weather preventing the
also within Agency discretion to decide minority persons should,if possible,also completion of construction of a
whether a second review is needed if be Pen opportunities to relocate to replacement dwelling or other like
the first review appraiser establishes a replacement dwellings not located in circumstances should cause delays in
value different from that in the appraisal such areas. occupying a decent.safe,and sanitary
report or reports on a property, replacement dwelling.
Belpre acceptance of an appraisal,the Section menus24.207 General Section 24.4O1(c) Price differential.
review appraiser must determine that Reyutrsmeati--Clarets Jar Oce on The provision Ia;Z&4Oi(cl(4)(iii) to use
thea raiser's documentation,including pow.'
pp the current fair market value for
valuation data and the analyses of that Section 24.2O7(a)allows an Agency to residential use does not mean the
data.demonstrates the soundness of the make a payment for low cost or Agency must have the property
appraiser's opinion of value.The uncomplicated moves without appraised.Any reasonable method for
qualifications of tha review appraiser additional docucerrtation.as long as the arriving at the fair market value may be
and the level of explanation of the basis payment Is limited to the amount of the used.
89•t8 Federal Register / Vol. 54. No. 40
/ Thursday, March 2 2989 / Rules and Regulations
Section at+wi(d)Increased mart
interest i costs.The)Increase in gage new mortgage(842,010.10).the buydown comparable',but cannot a
f terest d]set forth rhe cin factors to be shall be prorated accordingly.If the c•
u1r,e the
used 0 computingactual mortgage obtained in our aPrppepri for the adjusted price,it la
be required uceepayment person that will example were 835.000,the buydnwn ougln vista to increase the replacemec
replacement mortgage(added to the payment would be$7,706 57($35,000 housing payment to the actual porches,
downpayment)to an amount which can S7 708 010.18 =be St?,Z50,13 X .� amount.
be amortized at the same monthly The Agency is obligated to inform the °mat ResSection at Replacement Housing
payment for principal and interest over person of the approximate amount of
the same period of time as the remaining this payment and that he or she must
term on the displacement mortgages, obtain a mortgage of at least the same Section 29. dispJ cadBas. rightsof
This).uncut is commonly known as obtain a' ke old mortgagePersons to be of aced.This paragrapl.
the"buydown." homed the right and for at of 180-day
The remainingleast the same term in order to receive homeowner-occupant.who is eligible for
principal balance,the the full amount of this payment.The a replacement housinga
interest rate,and monthly principal and d:s !ecce is also to be advised of the payment under
interest aPf 24has to a m arableopportunity
P payments for the old mortgage interest rate and points used to calculate
dwelling.
a comparable shouldn
as well as the interest rate,points and the payment,ter
as for the new mortgage must be However.it be read in
known to compute the increased
Section 24402 Replacement
conjunction with the definition of
mortgage Interest coats.If the Paymentfor&0-Day cu �Housing owner of a dwell 2(pl•The
r combination of interest and points for The downpayment assistance persons owningat
Agency is not required to provide
, fi
1 the new mortgage exceeds the current
provisions in i t a ce to]are Intended to Interest ithe required
dispaca fractional
eme dwelling a
i prevailing fixed interest rate and pointe limit such assistance to the amount of greater level of assistance to
for conventional mortgages and there iscomputed rental assistance paymentreplacement dwellingpurchase a
e such
na justification for the excessive rate, P
for a tenant or an eligible homeowner.It would be re than the Agency
then the current prevailing fixed interea� does,however,provide the latitude for Persons if they ed fee s�rmple title to
rate and point:shall be used in the Agency discretion in off
ering computations.justificative may downpayment the displacement dwelling.toIf buysuck
unavailability of the Y be the P yment assistance which exceeds assistance is not sufficient a
ti ty current prevailing the computed rental assistance replacement dwelWrg,the
-i rate due to the amount of the new payment,up to the statutory85.230Agency
j mOrtB •credit difficulties,or other maximum.Thu does provide additional purchase assistance
': similar reasons. however,that such not mean. or rental assistance•
ti
a may be exercised� segency discretion Section 2[.40!(c) Methods of
ic
discriminatory fashion.The displacing ective or burrs roviding c use o co replacement
' Old Mortgageagency should develop �& �a use of oast effective means
Rema Prindpel���_ a olds equal treatment t forpolicy persons wh chii housing of parable replacement
Monthly Payment Bala Ce-- S511" like circumstances and this you The plied throughout the
end tatevast) 45822 should be applied uniform! throughoutsubpart: term lreasoeable coat"is
New Mortgage
rata(percent],,,.,._._... 7 the Agency's Programs or projects,ftis
used here to underline the fact that
0. Interest ata(percent) recommended that diapladag agencies while roenco meansraged to provide
pb�V )_ .,, to coordinate with each other to reach a housing am encouraged they should be
Term{years)„__,_•_ 3 consensus on a uniform procure f� cost-effectfve
is the State and/or the local jurisdiction, Section 24.404(0(2)c](2)permits the use of
For purposes of this section.the term h38t resort housing.in special cases,
Remaining term of the old mortgage is ordinarilyant means the downpayment
which may involve variations from the
•
downpaymdetermined to be 174 months, required to obtain usual methods of obtaining
Determining,or computing,the actual decentconven,
loan financing for the camPmy .tHowever,it should be
remaining term is more reliable than decent,safe,and sanitary dwelling specially noted that such variation
using inhe datais more
supplied by the actually purchased and occupied should never result in a lowering of
mortgagee).Howeper,if it is shorter,use However.If the downpayment hour standards nor
mthe term of the new mortgagerequired of a displaced parson actuallyeresultina lower quality of living it ever
and P for the vias style
compute the needed monthly pa ment purchase of the replacement dwelling for the displaced person.The physical
ntain exceeds the amount ordinarily required
Amount to be financed to mai characteristics of the comparable
monthly
on.
S42.010.18
determines
of.458 22 at 109L� the amount which the amount of the downpayment may be cy replacement those ofpthe displacement dwellingdissimilar
determines is necessary. but they may never be inferior-
SSp,Opq pp Section 24.403 Additional One example might be the use of a
increased mortgagetele )Governing Replacement Housing new mobile home to replace a very
Interest
Payments
substandard conventional dwelling in
3 G0'a-- an area where comparable conventional
points po842.010.80.—...--.. f ec i n 24.'�(n)(lj The procedure dwellings are not available.
Total bnydown necessary, for adjusting
replacement ew ce of Another example could be the use of a
tt maintain payments requires that thea agency gs sar.but smaller decent.safe and
at gain/month pa m sT 925013 advisory h assistance e n ythe provide sanitary dwelto ling ding i geplace a large,oold
person concerningsubstandard dwelling.salt'a portion of
negotiations so that which is being used as living
if the am,,mortgageyhe or she may enter the market asee quarters by
is tees than the obtained knowledgeable buyer,If a displacedcomparable°�panband no other
or a parson efect,to buy one of the selected dwellings are available In
ae,ea.
s
$
x w
`'" Federal Register / Vol. 54. No. 40 / Thursday, March Z. 1989 / Rules and Regulations @949
Subpart F--Mobile Homes approved.sregardless of whether thery *^Report in Column(B) � e. n�
payment pad in Installments. assistance under section�(a)inashcial
Ln
;, Section 24.503 Replacement Housing5.How to report dollar amounts. allocable to the households reported
r Payment for 190-Day Mobile Round off all money entries in Parts B Column A ,
Homeowner-Occupants and C to the nearest dollar. ( ) (If a household received
A 180-dayowner-occupant who is &Statutoryreferences.The section
204l assistance andder rsection 203 or
P f section 204 as well as under section 20;
displaced from a mobile home on a references In Part B Indicate the sectioa (a)of the Uniform Act,report the
rented site may be eligible for a of the Uniform Act that authorizes the household as a displacement in Column
replacement housing payment for a COOL (A),but in Column(B)report only the
dwelling computed under 124.401 and a Part A. Persons displaced amount of financial assistance allocable
replacement housing payment for a site Reort iH Part A the number of to section 206(a).For example,if a
computed under f 24.402.A 180-day p tenant-household receives a payment of
owner-occupant of both the mobile persons("households, businesses, $7,000 to rent a replacement dwelling.
home and the site,who relocates the including nonprofit organizations,"and the sum of 55,25)shall be included on
mobile home,may be eligible fora "farms")who were permanently Line 10,Column(B),and$1.750 shall be
replacement housing payment under displaced during the fiscal year by included on Line 128,Column(B).)
f 24.401 to assist In the purchase of a project or program activities and moved Line Ll.Report on Line 13 all
replacement site or,under!e 24.40E to to their replacement dwelling or
location.This includes businesses,
administrative costs incurred during the
assist in renting a replacement rite. . report year in connection with providing
nonprofit organizations and farms relocation advisory assistance and
Appendix B to Part 24 Statistical which.upon displacement,discontinued services under section 205 of the
Report Form operations.The category"households' Uniform Act,
'ibis appendix sets forth the statistical includes all families and individuals.A Line 15.Report on Line 15 the total
information collected from Agencies in family shall be reported of"Dae" number of relocation appeals filed
accordance with 124.9(c). household,not by the number of people during the fiscal year by aggrieved
In the family writ.Persons shall be
General reported according to their status as persons.
1.Report coverage,'[tris report covers "owners"or"tensors"of titre property Part Real property acquisition
all relocation and real property from which displaced. subject to Utriform Act
acquisition activities under a Federal or Part B. Relocation payments and Line 18.Columns(A)and(B).Report
a federally assisted project or program expenses in Column(A)all parcels acquired
subject to the provisions of the Uniform Colucrns Maud/BA Report in during the report year where title or
Relocation Assistance and Real Column(A)the number of possession was vested in the acquiring
Property Acquisition Policies Ad of displacements during the report year. agency during the reporting period.
1970,as amended by Pub.L.10047,101 Report in Column(B)the total amount (includeparceis acquired without
Stat 132 represented by the displacements Federal financial assistance,if there
2.Report period.Activities shall be reported in Column(A). was or will be Federal$Handal
reported on a Federal Fiscal Year basis, ,fie IA is a new line item for assistance in other phases of the project
i.e.,October 1 through September 30. reporting the business reestablishment or Program.)Report In Column(B) the
3.Where and when to submit report expense payment. total of the amounts paid,deposited in
Submit an original and two copies of Lines 7A and&Column(B).Report in court,or otherwise made available to a
this report to(Name and Address of Column(B)the amount of costs that property owner pursuant to applicable
Federal Agency)as soon as possible ware included in the total amount law in order to vest title or possession In
after September 30,but NOT LATER approved on Lines 8 and 8,Column(B), the acquiring agency.
THAN NOVEMBER 15. Lines 12 A and B.Report in Column Line 17.Report on Line 17 the number
4.Now to report relocation payments (A)the number of households displaced of parcels reported on Line 16 that were
The full amount of a relocation payment by project or program activities which acquired by condemnation where price
shall be reported as if disbursed in the were provided assistance in accordance disagreement was involved.
year during which the claim was with section 208(a)of the Uniform Act. sauna coos ahs,soar
$ federal Registerµa agi / VoL 54. Na. 40/ Thursday.March
., „ Z 19819 / Rules and Regulations
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' ' Federal Register / Vol. 54. No. 40 / Thursday. March 2. 1989 / Notices 1
`.- DEpARTMENT OF TRANSPORTATION Assistance and Real Property personal property for the move may be
e. : Acquisition Policies Act of 1970,Pub.L paid at the agency'.discretion.
W. wend Highway Administration 91448,84 Stat.1894(Uniform Act),as 3.The expense and dislocation
r`''' Relocation and Real Property amended by section 405(b)of the 1987 allowance to a person with minimal
uniformttlote for Federal and Federsity Amendments,provides that a displaced personal possessions who is In
Individual or family may elect to be paid occupancy of a dormitory style room
" it moving*ulst*d;xp ggram;FFixed
Paytial entMovfa for r moving expenses on the basis of a shared by two or more other unrelated
moving expense and dislocation
AGENCY:Federal Highway allowance schedule established by the persons shall be limited to from$50.00.
Administration(FHWA),DOT. head of the lead agency as an An occupant who movesadfrom a
alternative to beingmobile home may be paid for the
scriat:Notice. paid for moving and removal of personal property from the
related expenses actually incurred. mobile home in accordance with the
s emiu er The purpose of this notice is Section 405(b)eliminated statutory
to publish the alternative movingt scf eduledislocatiaa allowance
limitations on the amounts that could be payment schedule.
expense and dislocation allowance paid pursuant to such a schedule. v agency or person
schedule for persons displaced from Implementing regulations at 49 CFR Any government,
dwellings in each State.the District of 24.302 provide that the FHWA will 24 at may implement th scheduleh 49 CFR Part
Columbia.Puerto Rico.and the Virgin developand u d today. the t,
Islands as required by section 405(b)of approve thre schedule. published today.Any government.
the• Surface required
Transportation sect and Uniform The purpose of this notice is to agency or person that is unable to
publish the schedule approved by the comply with 49 at Part 24 at this time
Relocation Assistance Act of 1987.Pub. FHWA for use in payment maycontinue to use thepen
L 100-17,101 Stat.132(1987 determinations byall Federal.State and schedleblishedmoving expense
Amendments). local governmens,and persona affected Register
npDecember
a the Federal
EFFECTIVE DATE:The provisions of this by the Uniform Act.as amended.It has �edule on
��•co untilthe
Notice are effective March 2,um For been developed from data provided by mandatory on April 2,1989,the date that
further information about State highway agendes,and the 1987 Amendments and 49 CFR Part
implementation dates.see the incorporates the dislocation allowance 24 become fully applicable.
discussion in the supplementary within the schedule's payment amounts.
information section below. The exceptions and limitations are as (Catalog of Federal Domestic Assistance
von mama INFORMATION coNTACr: follows: Program Number 20 m6,Highway Planning
Barbara).Satorius,Policy Development 1.The expense and dislocation and Caaetructton.The regulations
ting Executive Otder 12372
Branch.Office of Right-of-Way(202- allowance to a person whose residential °
380-2043);or Reid Alsop,Office of the move L performed by an at no regarding ova consultation on
Federal prove=and activities apply to this
Chief Counsel(202-399-1371),Federal cost to the person shall be limited to
pr's'
Highway Administration,400 Seventh 550.00. )
Street.5W.,Washington,DG 20590. 2.An occupant will be paid on an (42 U.8.C. ;40 CFR 24.302(a)).
Office hours,Monday-Friday are from actual cost basis for moving his or her Issued on February 24.1900.
7:30 a.m.to 4:00 p.m.,e.t. mobile home from the displacement site. Robert i!:Fauns,
SUPPLEMENTARY INFORMATION:Section In addition.a reasonable payment to the FedermlfffghweyAdminfsrrcwr.
202(b)of the Uniform Relocation occupant for packing and securing mum aooe*is-m-u
NMI
Federal Register/ Vol. 54, No.40 / Thursday.Mardi 2. 1989/ Notices ,
RESIDENTIAL MOVING EXPENSE 6 DISL.00ATIOIt ALLOWANCE PAYMENT SCHEDULE
iOCCUPANT OWNS FURNITURE (11 6 121 OCCUPANT DOES NOT.
STATE NUMBER OP PttSJN3 OF FURNITDRE - - OWN FURNITURE 131
EElms1 1__
Z I 3 1 4 I g 1 6 ADD. FIRST EACH ADD,
i
1 7 1 8 ROOM ROOM ! ROOM
ALABAMA 250 350 T 450 550 625 700 ' 775 850 75 200 ,----- 5
ALASKA 350 500 650 800 925 1050 1175 1300 100 225 25
ARIZONA 250 400 550 650 750 850 950 1050 100 225 35
ARKANSAS 250 350 450 550 625 700 775 850 75 200 25
CALIPORIiNIA 250 400 550 650 750 850 950 1050 100 225 25
COLORADO 250 400 550 650 750 850 950 1050 100 225 35
CONNECTICUT 250 440 550 450 750 950 950 1050 100 225 / 35
DELAWARE 250 350 450 550 I 625 700 775 850 75 240 35
D. C. 250 400 ' 550 658 750 *54 950 1050 100 225 25
FLORIDA 250 350 450 550 625 700 1 775 859 75 200 25
GEORGIA 250 350 450 550 625 700 775 850 75 200 25
HAkAZt + 250 404 550 650 750 850 950 1050 100 225 25
iDAHO 250 350 1 450 550 625 700 775 850 75 200 25
ILLINOIS , 250 4.00 550 650 750 850 950 1050 100 225 25
LFIOEANA 250 400 550 650 750 850 950 1050 100 225 35
35
IOWA j 250 350 450 550 625 700 775 850 75 200 �5
KANSAS 250 35D 450 550 625 700 775 ' 850 75 200 25
KENTUCKY , 250 400 550 658 750 850 950 1050 100 225 35
LOUISIANA 250 350 450 , 550 625 700 775 850 75 , 200 25
MAINE 250 350 450 550 , 625 700 775 850 75 200 25
MARYLAND 250 404 550 650 750 850 950 1050 100 225 35
MASSACHUSETTS 250 ' 400 550 650 750 850 950 ' 1050 100 225 • 35
MICHIGAN 250 400 , 558 650 750 850 950 1050 100 225 35
MINNESOTA 250 400 550 I 658 750 850 950 1050 100 225 35
MISSISSIPPI 250 350 450 550 625 700 775 850 ' 75 200 1 25
MISSOURI 250 350 450 554 625 700 775 856 75 200
25
MONTANA 250 3510 450 . 550 625 700 775 850 75 200 ` 25
NEBRASKA 250 350 450 550 625 700 775 850 75 200
NED'DA 258 1 480 550 650 750 850 950 1050 100 225 35
NEW HAMPSHIRE 250 350 450 550 625 700 775 850 75 200 35
NEW JERSEY 250 . 400 550 650 750 850 950 1050 100 225 25
NEW MEXICO 250 400 550 650 750 850 950 1050 100 225 335
5
NEW YORK 250 400 : 550 N 650 750 850 950 1058 , 100 , 225 35
NORTH CAROLINA 258 ' 350 f 450 550625 700 775 850 75 200 25
NORTH DAKOTA 250 I 350 450 550 . 625 700 - 775 850 75 200
25
OHIO 250 400 550 650 ' 750 850 950 1050 100 225 35
OKLAHOMA 250 350 450 550 625 700 775 850 75 200 25
OREGON 250 400 550 650 750 850 950 1050 100 225 35
PENNSYLVANIA 250 400 550 650 750 850 950 2050 100 225 35
PUERTO RICO 250 350 450 550 625 700 775 850 75 200 25
RHODE ISLAND 250 350 450 550 625 700 775 850 75 200 25
SOUTH CAROLINA 250 350 450 550 625 700 775 850 75 200 25
SOUTH DAKOTA 250 . 350 450 550 625 700 775 850 75 200 25
TENNESSEE 250 350 450 550 625 700 775 850 75 200 25
TEXAS 250 350 450 550 625 700 775 850 75 200 25
UTAH 250 350 450 550 625 700 775 850 75 200 25
VERMONT 250 350 450 550 625 700 775 850 75 200 25
VIRGIN ISLANDS 250 350 450 550 625 700 775 850 75 200 25
VIRGINIA 250 400 550 650 750 850 950 1050 100 225 35
WASHINGTON 250 400 550 650 750 850 950 1050 100 225 35
WEST VIRGINIA 250 400 550 650 750 850 950 1050 100 225 35
WISCONSIN 250 400 550 650 750 850 950 1050 100 225 35
WYOMING 250 350 450 550 625 700 775 850 75 200 25
Exceptions: See supplementary information.
111 Person whose residential move is performed by agency, 550.
(27 Hove of a mobile home from site, actual cost: reasonable amount may be added
for packing and securing personal property for the move at agency discretion.
(37 Occupant of dormitory. 550.
1FR Doc.80-4780 FIled 3-1-Mk 8:45 amj
MUM CODE.14-32-C