[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Proposed Rules]
[Page 70341-70385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-32]
[[Page 70341]]
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Part II
Department of Transportation
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Office of the Secretary
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49 CFR Part 24
Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally-Assisted Programs; Proposed Rule
[[Page 70342]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 24
[FHWA Docket No. FHWA-2003-14747]
RIN 2125-AE97
Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally-Assisted Programs
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM), request for comments, and
notice of public meetings.
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SUMMARY: The FHWA is proposing to amend several sections of the
regulations that set forth governmentwide requirements for implementing
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act (Uniform Act.) These proposed changes would clarify
present requirements, meet modern needs and improve the service to
individuals and businesses affected by Federal or federally-assisted
projects while at the same time reducing the burdens of government
regulations. The regulation has not been fully reviewed or updated
since it was issued in 1989. The proposed amendments to the Uniform Act
regulation would affect the land acquisition and displacement
activities of 18 Federal Agencies including the new Department of
Homeland Security. This document also provides notice of public
meetings on the proposed changes to the regulation.
DATES: The public meetings will be held on January 15, 2004, from 10
a.m. to 2 p.m., Washington, DC; January 22, 2004, from 10 a.m. to 2
p.m., Lakewood, CO; and January 28, 2004, from 10 a.m. to 2 p.m.,
Atlanta, GA.
Comments in response to this NPRM must be received on or before
February 17, 2004.
ADDRESSES: The January 15, 2004 meeting will be held in Washington, DC,
United States Department of Transportation, 400 7th Street, SW., Room
8236. The January 22, 2004 meeting will be held in Lakewood, CO, Zang
Building, Conference Room 360, 555 Zang Street. The January 28, 2004
meeting will be held in Atlanta, GA, Atlanta Federal Center, Conference
Room B, 61 Forsyth Street, SW., Atlanta, Georgia. Each meeting will be
scheduled from 10 a.m. to 2 p.m.
Mail or hand deliver comments to the docket number that appears in
the heading of this document to the U.S. Department of Transportation,
Dockets Management Facility, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590, or submit electronically at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dmses.dot.gov/submit.
All comments received will be available for examination and
copying at the above address 9 a.m. to 5 p.m., e.s.t., Monday through
Friday, except Federal holidays. Those desiring notification of receipt
of comments must include a pre-addressed, stamped envelope or post card
or you may print the acknowledgement page that appears after submitting
comments electronically.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2002 (Volume 65, Number 70, Page 19477-78) or you may visit
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ronald E. Fannin, Office of Real
Estate Services, HEPR, (202) 366-2042; Reginald K. Bessmer, Office of
Real Estate Services, HEPR, (202) 366-2037 or Reid Alsop, Office of the
Chief Counsel, HCC-30, (202) 366-1371, Federal Highway Administration,
400 Seventh Street, SW., Washington, DC 20590. Office hours are from
7:45 a.m. to 4:15 p.m., e.s.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dmses.dot.gov/submit. Acceptable
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions
6 to 8), Rich Text File (RTF), American Standard Code Information
Interchange (ASCII)(TXT), Portable Document Format (PDF), and
WordPerfect (versions 7 to 8.) The DMS is available 24 hours each day,
365 days each year. Electronic submission and retrieval help and
guidelines are available under the help section of the web site.
An electronic copy of this document may be downloaded by using a
modem and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may also reach the Federal Register's home page at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.archives.gov
and the Government Printing Office's database at:
http://www.gpoaccess.gov/nara/index.html.
Background
Reasons for This Proposal
Title 49 CFR part 24 has not been comprehensively revised or
updated since its initial publication in 1989. We believe there is some
confusion regarding a number of existing requirements. There could be
improvement in achieving the goal of national program uniformity; and
there are inadequacies in meeting contemporary needs. We also believe
we could improve the service to individuals and businesses affected by
Federal and federally-assisted projects while reducing administrative
burdens.
History
Relevant Legislation
Title 49 CFR part 24 implements the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, 42
U.S.C. 4601 et seq., (``the Uniform Act'').
Current Regulations
As originally enacted, the Uniform Act authorized ``the head of
each Federal Agency'' to establish regulations and procedures for
implementing the Uniform Act. Inevitably, this led to significant
differences in Agencies implementing regulations. In a March 8, 1978,
Report to Congress (GAO Report No. GGD-78-6, ``Changes Needed in the
Relocation Act to Achieve More Uniform Treatment of Persons Displaced
by Federal Programs, B-148044 (1978)),'' \1\ the Comptroller General
found that as a result of these differences the Federal government was
not providing uniform treatment to people displaced from their homes
and businesses by Federal or federally-assisted programs. Those
differences among Federal implementing regulations also imposed
significant administrative burdens on State and local governments. In
1981, for the Vice President's Presidential Task Force on Regulatory
Relief, State and local governments identified the Uniform Act as a
good candidate for State and local regulatory relief.
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\1\ A copy of this report, Changes Needed in the Relocation Act
to Achieve More Uniform Treatment of Persons Displaced by Federal
Programs, is available in the docket.
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Therefore, in May 1982, the Office of Management and Budget (OMB)
formed a Uniform Act Interagency Regulatory Review Working Group to
develop uniform regulations to be implemented by each Agency covered by
the Uniform Act. A Presidential Memorandum, dated February 27, 1985,
was published in the Federal Register on March 5, 1985 (50
[[Page 70343]]
FR 8953), naming the U.S. Department of Transportation (USDOT) as the
Agency with lead responsibility for the Uniform Act. The Secretary of
Transportation (hereafter Secretary) delegated this responsibility to
the Federal Highway Administrator.
On March 5, 1985 (50 FR 8955), the USDOT published a model Uniform
Act regulation, which, in accordance with the President's Memorandum of
February 27, 1985, served as the basis for a proposed Uniform Act
``common rule'' to be issued by the 16 other affected Agencies. The
proposed common rule was issued for comment by those 16 Agencies on May
28, 1985 (50 FR 21712.) After consideration of comments, on February
27, 1986, the common rule was adopted by each of the affected Federal
Agencies and the former disparate relocation regulations of those
Agencies were removed. This common rulemaking effort by the Federal
Agencies that administered both direct Federal programs and projects,
and federally-assisted programs and projects undertaken by State or
local Agencies, achieved regulatory consistency among the separate
Federal Agencies subject to the Uniform Act.
This common rulemaking effort presaged several of the statutory
changes to the Uniform Act that were made by the Uniform Relocation Act
Amendments of 1987 (Title IV, Pub. L. 100-17, 101 Stat. 246) (``1987
Amendments''). In the administrative area, for example, to further
ensure uniformity, the amendments specifically designated the USDOT as
Lead Agency and required it, in coordination with other Federal
Agencies, to issue a governmentwide rule, establish procedures and make
interpretations to implement provisions of the Uniform Act. In the
substantive area, the common rulemaking effort granted greater
flexibility and discretion to State and local Agencies, a theme
reiterated in the 1987 Amendments.
Implementation of the 1987 Amendments to the Uniform Act
On May 19, 1987 (52 FR 18768), the FHWA issued a notice proposing
significant changes to the common rule as a result of the 1987
amendments to the Uniform Act. On December 1, 1987 (52 FR 45667), the
FHWA issued a Notice of Regulatory Intent giving further notice of the
specific regulatory actions that it and the other affected Federal
Agencies would take to implement the 1987 Amendments.
On December 17, 1987 (52 FR 47994), the FHWA issued an interim
final rule, as 49 CFR part 24, that revised the provisions of the
common rule to include those provisions of the 1987 amendments to the
Uniform Act (primarily increases in the dollar amounts of specific
relocation assistance) that did not allow for administrative discretion
or interpretation, and for which a period of public notices and comment
would have been impractical. This interim final rule was promulgated in
order to allow those Federal, State and local Agencies that were
willing and able to provide the increased dollar amounts for specific
relocation assistance, provided by the 1987 amendments, to do so
expeditiously. On the same day at 52 FR 48015, 17 Federal Departments
and Agencies that administer the Uniform Act published interim final
rules rescinding the common rule from each of their regulations and
adopting in its place a cross-reference to the single interim final
rule published by the FHWA as 49 CFR part 24. The effective date for
these Agency rescissions and cross-references varied. However, all such
actions took effect on or before April 2, 1989, the date the 1987
Amendments became mandatory. The Department of Housing and Urban
Development (HUD), was unable to join the other Federal Agencies in
publishing an interim final rescission and cross referencing action on
December 17, 1987, because of its need to first satisfy certain
Congressional review obligations. HUD subsequently published such an
interim rule on February 19, 1988 (53 FR 4964).
The FHWA issued an NPRM on July 21, 1988, at 53 FR 27598, proposing
to fully implement the statutory amendments to the Uniform Act and to
replace the interim final rule. On March 2, 1989 (54 FR 8928), the FHWA
issued the final rule, which implemented all of the provisions of the
1987 Amendments to the Uniform Act, and replaced the interim final
rule. This was the final step in the development of a single common
rule for implementing the Uniform Act.
The Uniform Act and the common rule govern the relocation and land
acquisition programs of all Federal departments and Agencies. Those
departments and Agencies that, for convenience, provide a cross
reference to this part, and the location of those cross-references, are
listed below:
Department of Agriculture
7 CFR Part 21
Department of Commerce
15 CFR Part 11
Department of Defense
32 CFR Part 259
Department of Education
34 CFR Part 15
Department of Energy
10 CFR Part 1039
Environmental Protection Agency
40 CFR Part 4
Federal Emergency Management Agency
44 CFR Part 25
General Services Administration
41 CFR Part 105-51
Department of Health and Human Services
45 CFR Part 15
Department of Housing and Urban Development
24 CFR Part 42
Department of Justice
41 CFR Part 128-18
Department of Labor
29 CFR Part 12
National Aeronautics and Space Administration
14 CFR Part 1208
Tennessee Valley Authority
18 CFR Part 1306
Veterans Administration
38 CFR Part 25
The United States Postal Service has indicated that it will comply
voluntarily with the Uniform Act, although its current regulations (39
CFR part 777) differ slightly from these proposed regulations.
However, because the Uniform Act applies to all acquisitions of
real property or displacements of persons resulting from Federal or
federally-assisted programs or projects, the Act's application is not
affected by the absence of a cross reference to 49 CFR part 24 in a
department's or Agency's regulations. Further, Federal or federally-
assisted activities involving land acquisition or displacement,
undertaken by a newly constituted Federal department or Agency, such
as, for example, the new Department of Homeland Security, would be
covered by the Act.
1993 Amendments to the Governmentwide Regulations
On January 28, 1992, the President issued a Memorandum for Certain
Department and Agency Heads entitled ``Reducing the Burden of
Government Regulation'' which called upon Departments and Agencies to
review their existing regulations in order to determine whether changes
should be made to promote economic growth, create jobs, or eliminate
unnecessary costs or other burdens on the economy.
The FHWA, as a result of its review of the Uniform Act common rule,
identified several amendments that it believed would enhance the
relocation assistance provided to displaced businesses, thus increasing
their chances of a successful relocation. Additionally, we identified
changes that
[[Page 70344]]
would reduce the regulatory burden imposed on such businesses as well
as on State and local governments implementing the regulation.
Therefore, on July 27, 1992 (57 FR 33164), we issued a notice of
proposed rulemaking (NPRM) proposing these changes to the common rule
and published the final rule on April 30, 1993 (58 FR 26072).
1999 Amendments to the Governmentwide Regulation
Pub. L. 105-117, 111 Stat. 2384 (November 21, 1997) amended the
Uniform Act to provide that an alien not lawfully present in the United
States shall not be eligible to receive relocation payments or any
other assistance provided under the Uniform Act, unless such
ineligibility would result in exceptional and extremely unusual
hardship to the alien's spouse, parent, or child, and such spouse,
parent, or child is a citizen or an alien admitted for permanent
residence. As a result of these changes, the FHWA proposed to amend the
common rule to reflect the prohibitions on payments to aliens not
lawfully present in the United States. After publishing an NPRM on June
12, 1998 (63 FR 32175), the FHWA published a final rule implementing
these changes on February 12, 1999 (64 FR 7127).
FHWA Actions To Update the Regulations
Following a series of requests from other Federal Agencies, States,
and local public agencies, concerning the need for updating the Uniform
Act and Title 49, CFR Part 24, the FHWA initiated a comprehensive
review of 49 CFR part 24 by hosting an all Federal Agency briefing and
listening session at the Uniform Act 30th Anniversary Symposium in
Mesa, Arizona, in November of 2001. Seventy-five individuals
representing 14 Federal Agencies, provided specific comments and
suggestions. We compiled the comments and in March of 2002 we formed a
Federal Interagency Task Force (Task Force) to review all comments
received from both the private and public sectors and to begin
developing proposed changes to the common rule. All 18 Federal Agencies
whose programs are affected by the Uniform Act were asked to provide a
representative to be a member of the Task Force. Next, the FHWA
published a notice on May 14, 2002 (67 FR 34514), announcing 5
nationwide public listening sessions in June and July 2002 to gather
broader input.
Following these sessions, the Task Force once again evaluated each
comment. Based on the comments received, the FHWA determined there was
a need to update the regulation. The Task Force then began to identify
specific provisions of the regulation that should be updated. The Task
Force drafted proposed regulatory language, and on November 7, 2002,
the FHWA hosted an All-Federal Agencies' meeting to present and discuss
the draft language to each of the Agencies affected by this rule. On
December 5, 2002, each Agency was given the draft language and asked to
provide its specific feedback to the FHWA. This feedback helped the
FHWA formulate the proposed changes in this NPRM.
Section-by-Section Discussion of Proposed Changes
Descriptions of the regulatory changes proposed in this part are
set forth below. All members of the public who are affected by
relocation or land acquisition activities undertaken or funded by
Federal departments and Agencies are encouraged to comment on this
NPRM. Comments from interested State and local governments are
particularly requested. We have made several minor grammar changes such
as adding or deleting commas and shortening sentences for clarity that
will not change the meaning or intent. These minor changes are not
addressed in the Section-by-Section discussion.
Subpart A--General
Section 24.2 Definitions
We propose to add a subsection listing acronyms and to include a
numbering system to better identify definitions. This would provide
users a list of the most commonly used acronyms in the regulation.
These acronyms have become commonplace in conversation and
correspondence in the land acquisition and displacement activities of
the 18 Federal Agencies. Also, currently, there are 35 complex and
lengthy definitions listed in alphabetical order. Without a clear and
simple way of referring to definition provisions it is difficult to
communicate with affected parties, which complicates both effective
Agency administration and public understanding of applicable
provisions. Since this rule applies to the programs of approximately 18
Federal Agencies, it is important that they all write and talk with the
same understanding. To include a numbering system for the definitions
was one of the most requested proposals received during the comment
period from both the private and public domain.
Section 24.2(a)(6)(ii) Comparable Replacement Dwelling
We propose to remove the phrase ``style of living'' from paragraph
(2) of the definition of comparable replacement dwelling.
The phrase ``style of living'' has sometimes been misused and has
proven to be confusing. Occasionally, it has been used out of context
and interpreted to require identical unique features found in acquired
dwellings such as, cherry cabinets, gold fixtures, and other
specialized items to be in comparable replacement dwellings. In such
cases, the standard for replacement housing has been raised to a level
above ``comparable.'' This interpretation can make it nearly impossible
to find appropriate replacement housing and could result in replacement
housing payments greater than those intended by Congress. As noted in
the conference report accompanying the 1987 amendments, ``The Conferees
recognize that strict and absolute adherence to an exhaustive,
detailed, feature-by-feature comparison can result in rigidities. These
can constitute a substantial economic burden and can lead to excessive
cost if the law requires, or is interpreted to require, the replacement
dwelling to possess every feature of the acquired dwelling as an
absolute minimum.'' H.R. Conf. Rep. No. 100-27, at 247 (1987).
The Congress realized the difficulty in finding comparable
replacement dwellings and intended there to be some flexibility in the
definition. Removing the phrase ``style of living'' will not erode any
protections provided to the displaced person. Other criteria under the
definition of comparability would adequately cover the factors covered
by ``style of living.''
Section 24.2(a)(6)(vii) Comparable Replacement Dwelling--Currently
Available
We propose to revise section 24.2(a)(6)(vii) by deleting the last
sentence and moving it to a new section, 24.2(a)(6)(ix). This new
section would also provide that, when a person that is displaced from
government subsidized housing accepts an offer of government housing
assistance at the replacement dwelling, any requirements of the
government housing program relating to the number of rooms or living
space of the replacement dwelling would apply.
Section 24.2(a)(6)(viii) Comparable Replacement Dwelling--Within the
Financial Means of the Displaced Person
We propose to consolidate the definition of comparable replacement
[[Page 70345]]
dwelling into a single paragraph, proposed as Sec. 24.2(a)(6)(viii).
This consolidation would define the purchase price or amount of rent
that is considered to be within the displaced person's financial means
for both a homeowner and a residential tenant. The consolidation would
reduce verbiage, without any change in substance.
Section 24.2(a)(8)(ii) Decent, Safe, and Sanitary Dwelling
We propose to add a requirement to the decent, safe, and sanitary
dwelling definition to reflect the protections provided by Public Law
102-550, Residential Lead-Based Paint Hazard Reduction Act of 1992.
Lead based paint hazard levels established by the U.S. Environmental
Protection Agency in accordance with Public Law 102-550 are intended to
protect families and children under the age of six from ingesting paint
dust or chips while occupying replacement housing. HUD's Lead Safe
Housing Rule (24 CFR 35, subparts B-R), which implements that law for
federally-owned and assisted housing, provides the strategy for
protecting occupants during temporary relocation. The replacement
dwelling unit must not have deteriorated paint (or deteriorated lead-
based paint if paint testing is conducted) or dust-lead hazards. A unit
built on or after January 1, 1978 meets the requirement. The lead
safety provision does not apply to displacement of persons who are
either elderly or disabled (unless a child under 6 years will reside or
be expected to reside in the unit), nor if the replacement dwelling
unit is a zero-bedroom dwelling. This proposed change would include
this same standard in Sec. 24.2(a)(8)(ii).
Section 24.2(a)(8)(v) Decent, Safe, and Sanitary Dwelling--Local
Housing Codes
We propose to amend this definition to require the Agencies to
follow the local housing code provision that addresses the maximum
number of persons permitted to occupy a room used for sleeping
purposes. In the absence of a local housing code requirement, the
written policy of the Agency would govern. Additionally, Agencies must
also follow any housing code provision which addresses the minimum
amount of square feet for each person occupying a dwelling unit or
portion thereof. This would make it easier to determine the number of
bedrooms required for a replacement dwelling unit.
Similarly, we propose that the local housing code or, if no such
code provision exists, the written policy of the Agency, would
determine the minimum age of children of the opposite gender which must
occupy separate rooms used for sleeping purposes. In the absence of a
local housing code or a written policy by the Agency, the minimum
standards established for a decent, safe and sanitary dwelling in Sec.
24.2(a)(8) are to be applied.
Section 24.2(a)(9)(ii)(D) Persons Not Displaced
We proposed to amend this section in appendix A to provide that
temporary relocation assistance to a person required to move from their
dwelling, business, farm, or nonprofit organization are limited to a
one year period. Such persons remaining in a temporary location for a
period exceeding one year must be offered all permanent relocation
assistance.
Section 24.2(a)(11) Dwelling Site
We propose to add a definition of the term ``dwelling site.'' The
dwelling site represents the area, and specifically the size of the
land area, on which a dwelling is located. The ``dwelling site,'' as
defined, is a typical lot for similar dwellings in the neighborhood
where the dwelling to be acquired is located. This definition would
help ensure more accurate computations of replacement housing payments
when a dwelling is located on a larger than normal site or when mixed-
use or multi-family properties are involved, and reflects current
practice.
Section 24.2(a)(12) Eviction for Cause
At the request of the HUD and with concurrence by the Task Force,
we propose to simplify the eviction for cause provision in Sec. 24.206
by adding a definition of eviction for cause to Sec. 24.2(a)(12). The
proposed definition includes some of the provisions that are currently
included in Sec. 24.206. Eviction is a legal process, not an
administrative procedure, and therefore, the proposed definition would
retain the current link to applicable State and local law.
Section 24.2(a)(15) Household Income
At the request of Federal, State, and local public Agencies having
the responsibility of administering the Uniform Act, we propose to add,
for clarity, a new definition, ``household income.'' This definition
would include examples of what does and does not constitute a person's
gross monthly household income for purposes of establishing a base
monthly income under proposed Sec. 24.402(b)(2)(ii).
Household income would generally include average monthly income
from all sources, but would exclude income from dependent children 18
years old or younger and full time students, and various governmental
assistance described in appendix A of this part, Sec. 24.2(a)(15).
Section 24.2(a)(16) Initiation of Negotiations
We propose to add a sentence to the definition of ``initiation of
negotiations'' to provide that, in the case of acquisitions of real
property, described in the initiation of negotiations, for the purposes
of Sec. 24.101(b)(1) through (5) (that must be based on an amicable
agreement with the owner) establishing a qualified tenant's eligibility
for relocation benefits, would occur when the Agency and the owner
reach agreement to purchase the real property.
Section 24.2(a)(18) Mobile Home
We propose to add a definition for a mobile home to this section.
The term includes both manufactured homes and recreational vehicles
used as residences. We also propose to add further requirements that
recreational vehicles must meet in order to be qualified for relocation
assistance in appendix A. Appendix A would also explain the difference
between manufactured homes and mobile homes recognized by HUD for that
Agency's programs. For purposes of this regulation, however, we propose
that both are to be considered as mobile homes. (Subpart F continues to
include an explanation of the different methods of computing relocation
assistance when a mobile home has been determined to be personal
property, and when it is determined to be real property.)
Section 24.2(a)(24) Salvage Value
We propose to revise the definition of ``salvage value'' to clarify
that the value of an item is to be based on the item being removed at
the buyer's expense.
Section 24.2(a)(30) Unlawful Occupant
We propose to change the term ``unlawful occupancy'' to ``unlawful
occupant'' so that the definition can be stated more clearly. We also
propose to remove the word ``squatter'' from the definition. The word
may be offensive and is not necessary to the definition. The wording
changes proposed would simplify the definition without changing its
meaning.
Section 24.2(a)(34) Waiver Valuation
We propose to use the term ``waiver valuation'' to identify the
valuation
[[Page 70346]]
process and product when Sec. 24.102(c)(2) appraisal waiver provisions
are implemented.
Section 24.9 Recordkeeping and Reports
In accordance with the Presidential Memorandum dated February 27,
1985, United States Department of Transportation is required to report
annually to the President's Council on Management Improvement, a part
of the Office of Management and Budget, on implementation of the
Uniform Act. Under the current reporting requirement, the Lead Agency
has received very little statistical information, and thus has little
or no knowledge of the extent and impact of other Federal funding
Agencies acquisition and displacement activities. Therefore, in Sec.
24.9(c), we propose to require Federal Agencies to submit an annual
report summarizing of their real property acquisition and displacement
activities to the Lead Agency. This proposed change would enable us to
prepare and submit a more comprehensive and useful report, in addition
to facilitating a more active monitoring role in our duty as Lead
Agency.
We propose to redesign Appendix B to be less burdensome and to
enable the information to be reported electronically. Appendix B is the
statistical support form of which Agencies are required to submit
reports of real property acquisition and displacement activities, if
required by the Federal Agency funding the project. Additionally, we
propose to remove the requirement that the Agency submit this report no
more frequently than every three years, since this report is issued
each year.
The Department of Housing and Urban Development and most other
Federal funding Agencies support this proposed change.
Subpart B--Real Property Acquisition
We propose to make a minor change by replacing the term ``fair
market value'' with ``market value'' throughout the subpart to better
reflect current appraisal terminology.
Section 24.101 Applicability of Acquisition Requirements
We propose to restructure Sec. 24.101(a) to clarify the
application of the real property acquisition requirements set forth in
this subpart, and to revise the exceptions to those requirements.
Currently, the two major exceptions to real property acquisition
requirements in Subpart B are voluntary transactions and acquisitions
in which the Agency does not have the power of eminent domain.
Based on the suggestion of Federal Agencies, we propose that these
exceptions no longer apply to acquisitions by Federal Agencies. We are
advised that some Federal Agencies use these types of transactions to a
significant extent. To best ensure that the objectives of the Uniform
Act are satisfied, we propose that Federal Agencies follow the
valuation processes set forth in this subpart for all of their direct
acquisitions. This proposal is also consistent with section 305(b)(2)
(42 U.S.C. 4655(b)(2)) of the Uniform Act, which allows these
exceptions for recipients of Federal financial assistance, but provides
no such exceptions for Federal Agencies themselves. We propose to
retain the exceptions for federally-assisted projects and programs.
Essential to the exceptions is the requirement that the owner must
be informed that the property would not be acquired unless an amicable
agreement can be reached. Currently, the regulation requires the Agency
to inform the owner what it believes to be the fair market value of the
property. We propose to require the Agency to inform the property owner
in writing (1) that the property will not be acquired unless an
amicable agreement can be reached, and (2) of the market value of his/
her property. This would more closely parallel the Uniform Act
requirement that is applicable to covered transactions, and provide the
property owner with documented assurance of the Agency's authority and
intentions.
Some Agencies suggested that the requirement that the Agency inform
the owner of what it believes to be market value in Sec. 24.101(a)(1)
and (2) be revised to also include a requirement for a supporting
appraisal. We have not proposed adding such a requirement. However, we
propose adding language to Appendix A noting that, while the regulation
does not require an appraisal in these cases, an Agency may still
decide to use some form of an appraisal, and, in any event, an agency
must have some reasonable basis for the valuation required by Sec.
24.101(a)(1) and (2).
To assist readers/users, we propose to add a cross reference to the
location in the rule of relocation assistance provisions that are
applicable to any tenants that must move as a result of these excepted
acquisitions.
We propose to delete the introductory phrase in proposed Sec.
24.101(c), currently Sec. 24.101(b), to eliminate unnecessary
verbiage.
Section 24.102 Basic Acquisition Policies
The Uniform Act provides that the requirement for an appraisal may
be waived in cases involving the acquisition of property with a low
market value. We propose to clarify Sec. 24.102(c)(2) by separating it
into paragraphs (i) and (ii). Paragraph (i) would concern donations and
is essentially unchanged. Paragraph (ii) would address low value
properties and would specify that when such properties are to be
acquired, and the appraisal waived, the Agency must prepare a ``waiver
valuation,'' a term proposed to be defined in Sec. 24.2(a)(34). We
propose to raise the appraisal waiver threshold in Sec. 24.102(c)(2)
from $2,500 to $10,000. In addition, we propose to add a new provision
that would allow the Federal funding Agency to raise the threshold up
to a maximum of $25,000, provided that the Agency acquiring the real
property offers the property owner the option of having an appraisal
performed.
These proposed changes reflect the general increase in property
values since the present threshold was established. Comments we have
received and our experience to date, have shown no indication of
administrative abuse or property owner objection. Broad Agency support
indicates a higher threshold is justified.
Section 24.102(e) Summary Statement
We propose to revise the language in (3) to be clearer and more
specific.
Section 24.102(i) Administrative Settlement
We propose to revise the language to require more specific
information in the written justification (``state'' rather than
``indicate'') and delete specific suggestions (``appraisals, recent
court awards, estimated trial costs, or valuation problems'') in favor
of requesting ``what available information, including trial risks,
supports the settlement.''
Section 24.102(n) Conflict of Interest
Language currently in Sec. 24.103(e) Criteria for appraisals,
addresses conflicts of interest for appraisers and review appraisers.
Proposed language would add all persons making waiver valuations under
Sec. 24.102(c)(2) to this section. This proposed change would bring
equal conflict of interest standards to all individuals valuing real
property, whether their work be waiver valuations, appraisal, or
appraisal review, and would clarify who is covered.
[[Page 70347]]
We also propose adding a new provision that any person functioning
as a negotiator shall not supervise or formally evaluate either the
appraiser, review appraiser or person making waiver valuations. This
provision would enhance appraiser independence and further support the
Uniform Act concept that the appraisal is part of the acquisition
process that includes not only appraisal and appraisal review, but also
the Agency responsibility and authority to establish an amount, based
on an approved (reviewed) appraisal, believed to be just compensation,
offer that amount to the property owner, and be prepared to consider
updating the offer of just compensation (Sec. 24.102(g)) and
administrative settlement (Sec. 24.102(i)), as appropriate.
Recognizing that some Federal assistance recipients, particularly those
with limited staff resources, may find this provision unworkable, we
propose that, in such cases, the Federal funding agency may waive this
provision. And, since the proposed provision would apply to more
individuals than just the appraiser, we propose to relocate it to be
under basic acquisition policies.
Section 24.103 Criteria for Appraisal
The revisions we propose to Sec. Sec. 24.103 and 24.104 are the
first since the Appraisal Foundation published the Uniform Standards of
Professional Appraisal Practice (USPAP).\2\ Considerable confusion and
misunderstanding as to the applicability of USPAP provisions to Uniform
Act real property acquisitions have existed ever since USPAP was
published. The Uniform Act and 49 CFR Part 24 set the requirements for
appraisal and appraisal review in support of Federal and federally-
assisted acquisition of real property for government projects.
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\2\ Uniform Standards of Professional Appraisal Practice
(USPAP). Published by the Appraisal Foundation, a non-profit
educational organization. Copies may be ordered from the Foundation
at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.appraisalfoundation.org/html/USPAP2003/toc.htm
.
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Appraisers who are committed to adhere to USPAP by virtue of State
appraisal licensing or certification should look to the provisions of
USPAP, including the scope of work, the Jurisdictional Exception Rule
and the Supplemental Standards provisions, and their State Appraisers'
board for guidance on how they can remain in compliance with USPAP and
perform appraisals for Agencies following Uniform Act and 49 CFR part
24 requirements.
Many of the proposed provisions of Sec. Sec. 24.103 and 24.104,
are intended to assist the appraiser, the Agency and others in
understanding the requirements of these subparts in light of USPAP.
We propose to change the terminology throughout this section from
``standards'' to ``requirements'' to avoid confusion with USPAP
standards rules. We also propose to add the phrase ``Federal and
federally-assisted program'' to more accurately identify the type of
appraisal practices that are to be referenced, and to differentiate
them from private sector, especially mortgage lending, appraisal
practice.
Section 24.103(a) Appraisal Requirements
We propose to add a sentence indicating that these regulations set
forth the requirements for real property acquisition appraisals for
Federal and federally-assisted programs. This would make it clear that
other performance standards, such as USPAP and those issued by
professional appraisal societies, do not govern programs covered by the
Uniform Act. We propose to reorder other sentences in the paragraph for
greater clarity, and to add a requirement for a scope of work statement
in each appraisal. In appendix A, we propose to add a discussion on
preparing the scope of work. We also propose to insert the word
``simple'' to help identify and differentiate the ``minimum
requirements'' appraisal. We propose to move the requirements now in
Sec. 24.103(a)(1) to the scope of work, as discussed in appendix A,
and renumber the remaining detailed appraisal requirements (1) through
(5).
Section 24.103(a)(3)
To clarify the intent of this section, we propose to add language
that describes the content of a detailed appraisal to conform with
currently used terminology (sales comparison approach). We also propose
to move the discussion of the Agency's authority to require only the
market approach (sales comparison approach) to appendix A, where we
propose it be included in the determination of the scope of work.
Section 24.103(b)
We propose to delete the first phrase because it is redundant.
Section 24.103(d)
We propose to specifically add ``review appraisers'' to clarify
that they are included in this section that addresses appraiser
qualifications. We also propose to add a discussion to appendix A to
emphasize the need for appraisers and review appraisers to be qualified
and competent, and that State licensing or certification can help
provide an indication of an appraiser's abilities.
Section 24.104 Review of Appraisals
We propose to use consistent terminology to refer to the person
performing appraisal reviews, i.e., review appraiser. We also propose
to add language to clarify and specify the responsibilities,
authorities and expectations associated with appraisal review.
Section 24.104(a)
We propose to add language that would specifically state that the
review appraiser's examination of the appraisal must include
examination of the presentation and analysis of market information.
While this may not be a change from what Agencies, as a matter of
practice, now expect of review appraisers, we believe this proposed
language would avoid misunderstanding and confusion. Also, we propose
to state clearly that the review appraiser is to ensure that appraisal
performance complies with appraisal requirements in Sec. 24.103 and
other applicable requirements, and supports the appraiser's opinion of
value. This would avoid any misunderstanding as to the criteria for the
review. The level of analysis and reporting would depend on the
complexity of the appraisal and appraisal review problems. We propose
that the report identify the appraisal report(s) reviewed, document the
findings and conclusions arrived at during the review of the
appraisal(s), and identify each appraisal report as rejected, accepted
(meets all requirements, but not selected as approved), or approved (as
the basis for the establishment of the amount believed to be just
compensation). Identification of each appraisal report is proposed as a
method of avoiding confusion as to the status of each reviewed
appraisal.
Section 24.104(b)
We propose to add language that would make it clear that the review
appraiser may develop independent valuation information as part of the
appraisal review process.
Section 24.104(c)
We propose to add language that would require the review appraiser
to prepare a written report and specify what is to be in the report.
We also propose that the review appraiser prepare a signed
certification, which would state the parameters of the review and the
approved value and, if
[[Page 70348]]
appropriate, the amount believed to be just compensation to be offered
the property owner.
Subpart C--General Relocation Requirements
Section 24.202 Applicability
We propose to add a sentence to Sec. 24.202 that adds a
requirement that displaced persons be fully informed of their rights
and benefits. It has come to our attention that displaced persons have
been asked to waive their relocation rights and benefits without being
informed of the extent of those benefits. This proposal would protect
and strengthen the requirement that Agencies fully inform displaced
persons of any rights and benefits they may be eligible for under this
part.
This proposal is also integral to new proposed Sec. 24.207(f),
Waiver of relocation benefits, which would prohibit Agencies from
proposing or asking displaced persons to waive their relocation rights
and benefits.
Section 24.203(d) Notice of Intent To Acquire
We propose to move the definition of ``notice of intent to
acquire'' from Sec. 24.2 ``Definitions'' to Sec. 24.203, ``Relocation
notices,'' with a minor revision. This proposed revision would be for
continuity and clarity.
Section 24.205 Relocation Planning, Advisory Services and Coordination
In response to widespread concern about the inadequacy of Uniform
Act relocation and reestablishment procedures and payments for
displaced businesses, we sponsored the National Business Relocation
Study \3\ (``the study''). The study, undertaken for FHWA by an
independent consultant, investigated business relocation concerns and
provided recommendations to develop solutions to these problems.
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\3\ The National Business Relocation Study (2002) is available
for public inspection at the following URL: http//http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fhwa.dot.gov/realestate/nbrs2002.htm
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The study found that relocation assistance advisory services for
businesses were generally considered fair to poor. Some of the findings
specifically noted that relocation agents were not adequately trained
or informed to address the complexities of complicated business
relocations, and were unable to provide meaningful assistance in
locating replacement properties.
The changes proposed in this section are based upon the findings
and recommendations of the study and are meant to address the added
burden of displacement on businesses, and provide additional assistance
to increase businesses' viability after displacement.
Section 24.205(a) Relocation Planning
We propose to change Sec. 24.205(a) to provide additional items
for Agencies to consider in planning for business relocations.
The Uniform Act and this section of the regulation require Agencies
to plan federally funded programs and projects in such a manner that
Agencies recognize the problems associated with displacement and
develop solutions to minimize the adverse affects of displacement. An
Agency must engage in such planning before proceeding with any action,
which causes displacement and should scope the plan to the complexity
and nature of the displacing action.
Currently, this section of the regulation provides examples of
items to consider in relocation planning. The planning considerations
currently include both residential and non-residential items, but
residential planning requirements are more comprehensive than the non-
residential planning ones. We recognize that the Uniform Act requires a
more generous ``make whole'' approach for residential displacements.
However, we also recognize that a significant number of displaced small
businesses have not been able to successfully relocate. Therefore, we
propose to require the Agency to engage in planning for the problems
associated with non-residential displacement.
Section 24.205(c)(2)(i)(A)-(F) Relocation Assistance Advisory Services
We propose to change Sec. 24.205(c)(2)(i)(A) through (F) to
include six specific items in personal interviews for business
relocations. These six paragraphs are a result of our National
Relocation Business Study and will assist in determining the future
needs of displaced businesses.
During the five national listening sessions, the FHWA received many
comments concerning the lack of guidance and direction on what
information the Agency should obtain when making personal interviews
with businesses. The FHWA also received testimony from States and Local
Public Agencies of actual cases where good interviewing and early
planning is credited with preventing business closures.
The Uniform Act and this section of the regulation requires
Agencies to ensure that relocation assistance advisory services are
made available to all persons displaced by the Agency. A critical
element in any successful relocation, and also an advisory services
requirement, is to determine the needs and preferences of displaced
persons through a personal interview.
Currently, this section of the regulations provides no examples of
items for Agencies to consider in personal interviews for either
residential or non-residential displacements. Generally, we believe
Agencies do not need additional guidance in conducting personal
interviews for residential displacements. However, we believe that
specific guidance in conducting personal interviews for non-residential
displacements is necessary to help address the added burden of
displacement on businesses and provide additional assistance to
increase their viability after displacement. Therefore, we have
proposed guidance in (c)(2)(i)(A) through (F) of this section to assist
Agencies in conducting personal interviews. This proposed change is
based upon the findings and recommendations of the National Business
Relocation Study.
Section 24.205(c)(2)(ii)(C) Relocation Assistance Advisory Service
We propose to revise this section to permit any displacing agency
that has a program objective of providing minority persons with an
opportunity to relocate to areas outside of minority concentration to
provide reasonable and justifiable increases in the replacement housing
payment to facilitate such moves.
Section 24.205(c)(2)(ii)(D) Transportation
In order to make it clear that all displaced persons must be
offered transportation to inspect replacement housing, we propose to
eliminate the specific reference to the elderly and handicapped in the
current regulation.
Section 24.206 Eviction for Cause
We propose to revise this section on eviction for cause by moving
several of the current provisions to the new definition of eviction for
cause in Sec. 24.2(a)(12).
Section 24.207(f) Waiver of Relocation Benefits
We propose to implement a new requirement for ``waiver of
relocation benefits.'' This requirement would offer more protection to
displaced persons. It would prohibit an Agency from proposing or
requesting a displaced person to give up his/her rights or entitlements
to relocation assistance.
[[Page 70349]]
We do not believe that an otherwise eligible person may relieve a
governmental body of its statutory obligation to provide Uniform Act
assistance by agreeing to waive such assistance. The primary purpose of
the Uniform Act is to impose requirements upon Agencies that acquire
property and displace persons for Federal or federally-funded projects.
The Uniform Act does not grant rights or benefits directly to
individuals, rather it imposes duties and obligations upon Federal,
State, and local governments.
A statement or agreement by a displaced person who does not wish to
receive certain assistance does not free a government Agency from the
obligations or requirements imposed by Federal law. In such a case
where a displaced person indicates in writing he/she does not want
assistance, the Federal or State Agencies must still fully inform the
displaced person of all the assistance he/she is entitled to receive.
Section 24.207(g) Entitlement to Payments
We propose to add new paragraph (g) to Sec. 24.207 to clarify
that, since relocation payments are considered a form of compensation,
they do not constitute Federal financial-assistance, and accordingly,
the expenditure of such relocation payments by a displaced person would
not trigger further application of the Uniform Act or similarly
applicable Federal requirements.
Section 24.208(f)(1) Aliens Not Lawfully Present in the United States
We propose that the references to the Immigration and
Naturalization Service (INS) in Sec. 24.208(f)(1) be revised to
reflect the fact that the INS has become part of the Department of
Homeland Security, and renamed the Bureau of Citizenship and
Immigration Services (BCIS).
Subpart D--Payments for Moving and Related Expenses
We propose to substantially reorganize Subpart D. With few
exceptions, the basic content would remain the same; however, based
upon the comments from our 5 national public listening sessions and
comments from other Agencies, this subpart needs to be reorganized for
clarity and ease of use. Accordingly, we propose to realign the
different moving costs allowance provisions.
We propose to divide Subpart D into six sections. We would transfer
a number of criteria from Sec. 24.304, Reestablishment Expense, with
its $10,000 limit, to Sec. 24.301, Payment for actual reasonable
moving and related expenses, and Sec. 24.303, Payment for related non-
residential expenses, where there are no limits and the payment is
determined by actual, reasonable and necessary criteria. This would
offer greater flexibility in assisting small businesses, farms, and
non-profit organizations by removing several relocation costs from
inclusion in the $10,000 statutory limit placed on reestablishment
expenses. We propose to incorporate existing Sec. 24.303 into proposed
Sec. 24.301 with specific criteria clearly spelled out for each type
of move.
We propose several new paragraphs that would help clarify the
different types of moving costs. In Sec. 24.303 we propose that
payment would be provided for certain moving related costs that are not
personal property but are essential to the continuance of operation of
the business. We propose a new paragraph, Sec. 24.301(e), that would
compensate displaced persons who are not forced to move from their
residence or business but have personal property that must be moved
from the acquired area.
Section 24.301(b)(3), 24.301(c)(iii) and 24.301(d)(2)(ii) Moving Cost
Finding
We are proposing to add a provision allowing moving expenses to be
determined by a qualified staff person for small uncomplicated personal
property moves, commonly called a ``moving cost finding'' or ``a
finding.'' The proposed moving cost finding is another option available
to the displaced person and the Agency. This option cannot be forced on
the displaced person. The proposed moving cost finding would recognize
an additional method of moving personal property that is currently
being used by many Agencies. The proposed moving cost finding gives the
Agency a cost effective and expeditious way to pay for small
uncomplicated moves of personal property that are located outside of
the primary dwelling or business structure(s). This method would allow
the Agency to use qualified staff personnel to estimate the cost of
such small-uncomplicated personal property moves and offer the option
to the displaced person as a means of a self move. The cost would be
capped at $3,000 and not be binding on the displaced person. The
displaced person may elect any of the other methods to move. This
provides both the Agency and the displaced person a quick cost
effective way of making a self-move.
Section 24.301(e) Personal Property Only
We propose a new paragraph that would describe the relocation
assistance available to a displaced person for moving personal property
from the acquisition area, when the acquisition does not require the
relocation of a dwelling (including a mobile home), business, farms or
nonprofit organizations. Personal property only moves might include
moving such things as farm equipment or livestock where the related
buildings are not affected.
Section 24.301(g)(14)(i) Actual Direct Loss of Tangible Personal
Property
The Uniform Act provides that a displaced business, farm or non-
profit organization is entitled to be compensated for the actual direct
loss of tangible personal property. We propose to slightly change the
direct loss of tangible personal property provision to eliminate much
confusion over the term ``fair market value for continued use.''
Displacing Agencies are reluctant to discuss this benefit with
displaced businesses because of the uncertainty over how to determine
the payment.
Therefore, we propose to strike the phrase ``fair market value of
the item for continued use at the displacement site'' and replace it
with ``market value of the item, less the proceeds of the sale'' to
clarify the basis for valuing such property. This is consistent with
the intent of the Uniform Act, 42 U.S.C. 4622(a)(2).
Section 24.301(g)(14)(ii) Actual Direct Loss of Tangible Personal
Property
We propose to add language to this section that would clarify what
constitutes the estimated cost of moving when a business elects to
discontinue the business or the business has a piece of equipment in
storage or non-operational at the acquired site. Confusion comes from
whether or not such an estimate, used to compute the payment for actual
direct loss of tangible personal property, should include disconnecting
and reconnecting costs when the business elects to discontinue
operation or elects not to move the equipment to the replacement
location. The proposed language would clarify those cases in which
reconnecting costs would or would not be included in calculating the
estimated cost of moving such equipment. We believe this would be
consistent with the intent of the Uniform Act, to provide moving
benefits that are actual, reasonable and necessary.
[[Page 70350]]
Section 24.301(g)(17) Searching for a Replacement Location
We propose to move this paragraph from Sec. 24.303(a)(13) and
increase ``searching expenses'' from $1,000 to $2,500. This amount has
been set at $1,000 for 16 years. This proposed change is supported by
the FHWA's National Business Relocation Study which recommended
increasing the searching expenses. Searching expenses are intended to
provide compensation for the actual time and effort to find a
replacement site, which also should include reasonable costs to
investigate the site. Such costs may include the cost of obtaining
permits, attending zoning hearings or negotiating the purchase of a
replacement site. We propose to provide additional insight and
flexibility in appendix A on the application of searching expenses.
Section 24.301(g)(18) Low Value/High Bulk
We propose to add a paragraph on low value/high bulk property. The
current regulation does not address cases where items of personal
property owned by a displaced business are more costly to move than
they are worth. The proposed change would provide a procedure available
when the personal property to be moved is of low value and high bulk
and, in the judgment of the displacing Agency, the cost of moving the
personal property is disproportionate to its value.
Section 24.301(h)(12) Ineligible Moving and Related Expenses.
For clarity and uniformity, we propose to add refundable security
and utility deposits to the list of ineligible moving expenses, Sec.
24.301(h)(12). Since refundable deposits, by the name alone, indicates
a return of the investment to the displaced person, we do not consider
a refundable deposit a reimbursable expense under the Uniform Act.
Section 24.301(i)(1) and (2) Notification and Inspection
We propose to reorganize and merge this section from four
paragraphs into three paragraphs. We do not propose to change the
wording. These proposed changes are for clarity and readability. The
phrase ``The displaced person must'' is merged into the introductory
paragraph to eliminate redundancy and provide clarity.
Section 24.302 Fixed Payment for Moving Expenses-Residential Moves
This section provides that displaced residential owners and tenants
may receive a moving expense payment based on the Fixed Residential
Moving Cost Schedule \4\ approved by the FHWA. Currently, this section
provides that the Fixed Residential Moving Cost Schedule payment made
to a person with minimal personal possessions in occupancy of a
dormitory style room or whose residential move is performed by an
Agency at no cost to the individual is limited to $50. This has been
the limit since 1987. Since this payment is included in the fixed
residential moving cost schedule that is updated periodically, we are
proposing to remove the $50 dollar amount from Sec. 24.302, so that
the amount and future increases to this payment would be established by
the Fixed Residential Moving Cost Schedule. Therefore, each time the
schedule is updated, this payment could be updated as well. Agencies
must be sure they are using the most current edition of the Fixed
Residential Moving Cost Schedule.
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\4\ The Fixed Residential Moving Cost Schedule is available for
public inspection at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fhwa.dot.gov//////realestate/fixsch96.htm
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Section 24.303 Related Non-Residential Eligible Expenses
As a result of reorganizing Subpart D for convenience and clarity,
the relocation of all items of personal property would be included in
Sec. 24.301. We are proposing to add a new section, Sec. 24.303, that
would provide reimbursement for several costs that are not considered
to be personal property but are essential to the continuing operation
of the business. These costs are additional expenses, other than for
moving personal property, that are not covered by either Sec. 24.301
(personal property) or Sec. 24.304 (real property.) Reimbursement for
these expenses would be allowed if they are determined by the Agency to
be ``actual, reasonable and necessary.''
Subpart E--Replacement Housing Payments
Section 24.401(e)(4) Incidental Expenses
We are proposing to add professional home inspection to the list of
reimbursable incidental expenses. Professional home inspections
including electrical systems, plumbing, and HVAC are commonplace and
should be added to the list of reimbursable incidental expenses. Most
agencies are currently allowing for this expense.
Section 24.401(f) Rental Assistance Payment for 180 Day Homeowner-
Occupant
We propose to add language that would allow a rental assistance
payment for a 180-day homeowner, who elects to rent, instead of
purchase, a replacement dwelling, to exceed $5,250 if the difference in
the estimated market rent of the acquired dwelling and the rent for a
comparable replacement dwelling support a higher figure. However, the
rental supplemental payment would not be allowed to exceed the amount
the 180-day owner would have received as a housing (purchase)
supplemental payment under proposed Sec. 24.401(b). It was brought to
our attention through the national listening sessions and through
discussions with other Federal Agencies that this change would be fair
and make the displaced person whole at no additional cost to the
Agency.
An example of the proposed change would be where an elderly couple
who own their home may want to rent rather than purchase another home.
Under current procedure, the Agency would compute a replacement housing
offer, which for this example is, say, $10,000. The Agency would then
compute a rental assistance payment based on the difference in market
rent and an available comparable dwelling, which for this example is
$7,000. Currently, we would only pay the maximum amount of $5,250. The
proposed change would allow the Agency to pay the $7,000 rent
supplement or any rent supplement up to what they would have received
as a 180-day homeowner ($10,000 in this example) to purchase a
replacement dwelling.
We feel this would be a fair and equitable approach, provided the
rent supplement does not exceed the amount the 180-day homeowner could
receive if he or she elected to purchase a replacement dwelling, rather
than to rent one.
Section 24.402(b)(2)(ii) Replacement Housing Payment for 90-Day
Occupant
We propose to slightly revise Sec. 24.402(b)(2)(ii) to reflect the
statutory requirement that only a low-income displaced person's income
shall be taken into consideration when calculating rental assistance
payments for a comparable replacement dwelling (42 U.S.C. 4624(a).)
Section 24.402(b)(2) currently uses 30 percent of a person's
average monthly gross household income as the criteria for computing
replacement housing payments for all eligible displaced tenants. This
often results in large payments to existing tenants who are
[[Page 70351]]
not low income and who elect to pay more than 30 percent of their
monthly gross household income for rental housing. This proposed change
would be more reflective of the intent of the Uniform Act in that it
assures consideration of income for low-income persons.
The proposal would rely on the U.S. Department of Housing and Urban
Development's Annual Survey of Income Limits.\5\ The proposed
procedures in Sec. 24.402(b)(2)(ii) would continue to use the 30
percent of monthly gross household income, but only for displaced
persons who qualify as low income. The base monthly rental would
continue to be established solely on the criteria in Sec.
24.402(b)(2).
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\5\ The Annual Survey of Income Limits can be found at the
following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.huduser.org/datasets/il.html.
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Section 24.402(c) Downpayment Assistance Payment
For uniformity, we propose to clarify that the replacement housing
payment received under Sec. 24.402(b) may be used for a downpayment
assistance payment. There is a disparity among Agencies as to the
amount that can be used as the downpayment. Most State and Federal
Agencies currently allow the full amount of the rent supplement to be
applied to the downpayment. Some, on the other hand, follow the
guidance in appendix A of this regulation which limits the amount of
the downpayment to what would ordinarily be required to obtain
conventional loan financing for a decent, safe and sanitary dwelling.
No such limits are included in the Uniform Act.
Therefore, we propose to add language that would allow the
displaced person to apply the full amount of the rent supplement to the
downpayment on a decent, safe and sanitary dwelling. We also propose to
slightly modify appendix A to conform to the proposed change.
Section 24.403(a) Determining Cost of Comparable Replacement Dwelling
At the request of several Federal Agencies, we are proposing that
Agencies pay, as a part of the reasonable cost of a comparable
replacement dwelling, the increased real estate taxes, if any, for
displaced 180-day owner occupants displaced as a result of a Federal or
federally-funded project. This payment would be based on the difference
between the monthly real estate tax on the acquired dwelling, and the
monthly real estate tax on the replacement dwelling at the time of
purchase but not to exceed the monthly real estate tax on a comparable
replacement dwelling.
The benefit would be calculated over a 24-month period. If the
displaced person elects to purchase a replacement dwelling where the
real estate tax at the time of purchase exceeds that of the comparable
replacement dwelling, the increased tax payment, if any, would be
limited to the increased monthly tax cost of the comparable replacement
dwelling at the time of purchase for 24 months. Should the displaced
person elect to purchase a replacement dwelling for less than the cost
of a comparable replacement dwelling, the increased tax calculation
would be based on the 24 month increase, if any, in the real estate tax
of the acquired dwelling and that of the replacement dwelling at the
time of purchase.
The rationale for this proposal is that increased real estate taxes
represent a real part of the cost of a replacement dwelling and are
often a financial burden, particularly for displaced persons with fixed
incomes, such as social security. Other situations could arise where a
displaced person that purchases a new home may lose his/her grand-
fathered real estate tax rate privileges and be subject to a higher
real estate tax rate. The proposal would comport with the spirit and
purpose of the Uniform Act, which is to treat displaced persons fairly
by ensuring that they are able to relocate to a replacement dwelling
that is comparable to the dwelling from which they were displaced.
Section 24.403(a)(1) Adjustment of Comparables
We propose to remove the requirement that Agencies adjust the
asking price of the comparable replacement dwelling in computing
replacement housing payments. Currently, this section bases a displaced
person's replacement housing payment on the adjusted difference between
the asking price and the selling price of a comparable replacement
dwelling as determined by an Agency survey of the area. This
requirement, because it can provide a replacement housing payment that
is different than the price of a comparable dwelling, is burdensome and
forces the displaced person to become a negotiator. This imposes an
unnecessary obligation on the displaced person for which he/she
probably is not qualified. Removing this requirement also would relieve
the Agency of the administrative burden of conducting a market survey
to determine the adjusted sales value. The procedure for determining a
comparable dwelling would not change, only the current requirement to
adjust the price of the selected comparable dwelling would be
eliminated. The replacement housing payment would be based on the list
price of the comparable dwelling not the adjusted price. Additionally,
the reference to the adjustment of comparable replacement dwellings in
Appendix A would be removed.
Subpart F--Mobile Homes
Based upon the comments from our five national public listening
sessions and comments from the other Agencies, we are proposing to
reorganize Subpart F for clarity and ease of use. The basic content
would remain unchanged.
We propose to move the required determinations to distinguish a
mobile home displacement as either an acquisition of real property or
as a move of personal property, to the eligibility paragraph in Sec.
24.502.
Subpart E provides replacement housing payments for an owner
occupant or tenant occupant displaced from a conventional dwelling.
Subpart F provides similar payments for an owner occupant or tenant
that is displaced from an acquired mobile home. However, mobile homes
may instead be considered personal property and relocated, not
purchased, which in turn may lead to the determination that the
occupant is not displaced from his/her dwelling. The proposed
reorganization merely consolidates the necessary displacement
determination, locating each with the applicable payment eligibility
provisions.
We propose to eliminate Sec. 24.505 (Additional rules governing
relocation payments to mobile home occupants), and consolidate its
provisions into the following paragraphs in which they are more closely
affiliated: Sec. 24.501 (Applicability); Sec. 24.502 (currently Sec.
24.503--Replacement housing payment for 180-day mobile homeowner-
occupants); and Sec. 24.503 (currently Sec. 24.504 --Replacement
housing payment for 90-day mobile home occupants.) Also, as previously
discussed in the preamble to Subpart D, we propose to consolidate the
moving provisions in Sec. 24.301(g)(8) through (g)(10).
Section 24.502(b) Replacement Housing Payment Computation for a 180-Day
Owner Displaced From a Mobile Home
We propose to modify and consolidate Sec. 24.502(b) that provides
for payment of actual moving expenses with the criteria for replacement
housing payments in those cases where the displacing Agency determines
the homeowner is displaced from the
[[Page 70352]]
mobile home for the reasons described in Sec. 24.502(a)(3).
Section 24.502(c) Rental Assistance Payment for a 180-Day Owner-
Occupant Displaced From Acquired Leased or Rented Site
We propose to allow the displaced person to claim the computed
rental assistance payment if it is applied towards the purchase of a
replacement site or added to the eligible purchase price of a
conventional dwelling or mobile home. This would eliminate the
confusion over combining the two payments (mobile home and mobile home
site) in the purchase of a conventional dwelling. The justification
being that when buying a conventional dwelling, the land and dwelling
are one; whereas, in many instances with mobile homes, the displaced
person owns the mobile home but rents the land. Therefore, in the case
where the mobile home owner buys a conventional dwelling we would allow
the rental supplement on the land (site) to be added to the housing
supplement, not to exceed the statutory limit of $22,500 (unless the
housing supplement is in Housing of Last Resort). The total payment
must be used toward the purchase of replacement decent, safe and
sanitary housing.
Distribution Tables
For ease of reference, distribution and derivation tables are
provided for the current sections and the proposed sections, as
follows:
Distribution Table
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
24.1................................... 24.1 Text unchanged.
24.1(b)................................ 24.1(b) Revised.
24.2 Heading........................... 24.2 Heading revised.
None................................... 24.2(a) Introductory para.
added.
Agency................................. 24.2(a)(1) Paras. revised.
Alien not lawfully present in the 24.2(a)(2) Paras. redesignated.
United States.
Appraisal.............................. 24.2(a)(3) Redesignated.
Business............................... 24.2(a)(4) Redesignated.
Citizen................................ 24.2(a)(5) Redesignated.
Comparable replacement dwelling........ 24.2(a)(6) Redesignated.
(1) and (2)........................ 24.2(a)(6)(i) and (ii)
Redesignated and revised.
(3) through (6).................... 24.2(a)(6)(iii) through (vi)
Redesignated and text
unchanged.
(7) and (8)........................ 24.2(a)(6)(vii) and (viii)
Redesignated and revised.
None................................... 24.2(a)(6)(ix) Added.
Contribute materially.................. 24.2(a)(7) Redesignated and
text unchanged.
Decent, safe, and sanitary dwelling.... 24.2(a)(8) Redesignated and
revised.
(1)................................ 24.2(a)(8) Redesignated and
text unchanged.
None............................... 24.2(a)(8) Added.
(2) and (3)........................ 24.2(a)(8)(iii) and (iv)
Redesignated and text
unchanged.
(4)................................ 24.2(a)(8)(v) and (vi)
Redesignated and revised.
(5) and (6)........................ 24.2(a)(8)(vii) and (viii)
Redesignated and revised.
Displaced person....................... 24.2(a)(9) All paras.
redesignated.
Displaced person (1)(i)................ 24.2 (a)(9)(i)(A) Revised.
Displaced person (1)(iii).............. 24.2 (a)(9)(i)(C) Revised.
Displaced person (2)(v)................ 24.2(a)(9)(ii)(E) Revised.
Displaced person (2)(vii).............. 24.2(a)(9)(ii)(G) Revised.
Displaced person (2)(xi)............... 24.2(a)(9)(ii)(K) Revised.
Dwelling............................... 24.2(a)(10) Redesignated.
None................................... 24.2(a)(11) Added.
None................................... 24.2(a)(12) Added.
Farm operation......................... 24.2(a)(13) Redesignated.
Federal financial assistance........... 24.2(a)(14) Revised.
None................................... 24.2(a)(15) Added.
Initiation of negotiations--Intro. Para 24.2(a)(16)Intro. para.
Redesignated and text
unchanged.
(1) through(3)..................... 24.2(a)(16)(i) through (iii)
Redesignated and text
unchanged.
None............................... 24.2(a)(16)(iv) Added.
Lead agency............................ 24.2(a)(17) Redesignated.
None................................... 24.2(a)(18) Added.
Mortgage............................... 24.2(a)(19) Redesignated.
Nonprofit organization................. 24.2(a)(20) Redesignated.
Notice of intent to acquire or notice 24.203(d) Revised.
of eligibility for relocation
assistance.
Owner of a dwelling.................... 24.2(a)(21) Revised.
Person................................. 24.2(a)(22) Redesignated.
Program or project..................... 24.2(a)(23) Redesignated.
Salvage value.......................... 24.2(a)(24) Revised.
Small business......................... 24.2(a)(25) Redesignated.
State.................................. 24.2(a)(26) Redesignated.
Tenant................................. 24.2(a)(27) Redesignated.
Uneconomic remnant..................... 24.2(a)(28) Redesignated.
Uniform Act............................ 24.2(a)(29) Revised.
Unlawful occupancy..................... 24.2(a)(30) Revised.
Utility costs.......................... 24.2(a)(31) Redesignated.
Utility facility....................... 24.2(a)(32) Redesignated.
[[Page 70353]]
Utility relocation..................... 24.2(a)(33) Redesignated.
None................................... 24.2(a)(34) Added.
None................................... 24.2(b) Added.
24.3................................... 24.3 Revised.
24.4(a)(1) and (2)..................... 24.4(a)(1) and (2) Text
unchanged.
None................................... 24.4(a)(3) Added.
24.4(a)(3)............................. 24.4(a)(4) Revised.
24.4(b) and (c)........................ 24.4(b) and (c) Text unchanged.
24.5 through 24.7...................... 24.5 through 24.7 Text
unchanged.
24.8 (a) through (g)................... 24.8(a) through (g) Text
unchanged.
24.8(h)................................ 24.8(h) Revised.
24.8(i)................................ 24.8(i) Revised.
24.8(j) through (l).................... 24.8(j) through (l) Text
unchanged.
24.8(m)................................ 24.8(m) Removed.
24.8(n)................................ 24.8(m) Redesignated.
None................................... 24.8(n) Added
24.9(a) and (b)........................ 24.9(a) and (b) Text unchanged.
24.9(c)................................ 24.9(c) Revised.
24.10(a) through (f)................... 24.10(a) through (f) Text
unchanged.
24.10(g) and (h)....................... 24.10(g) and (h) Revised.
------------------------------------------------------------------------
Subpart B
------------------------------------------------------------------------
24.101 Heading......................... 24.101 Heading Text unchanged.
24.101(a).............................. 24.101(a) Revised.
24.101(a) Second para.................. 24.101(b) Redesignated and
revised.
24.101(a)(1)........................... 24.101(b)(1) Redesignated and
revised.
24.101(a)(1)(i)........................ 24.101(b)(1)(i) Redesignated
and revised.
24.101(a)(1)(ii) and (iii)............. 24.101(b)(1)(ii) and (iii)
Redesignated.
24.101(a)(1)(iv)....................... 24.101(b)(1)(iv) Redesignated
and revised.
24.101(a)(2)........................... 24.101(b)(2) Redesignated.
24.101(a)(2)(i)........................ 24.101(b)(2)(i) Redesignated.
24.101(a)(2)(ii)....................... 24.101(b)(2)(ii) Redesignated
and revised.
24.101(a)(3) and (4)................... 24.101(b)(3) and (4)
Redesignated.
24.101(a)(5)........................... 24.101(b)(5) Redesignated and
revised.
24.101(b).............................. 24.101(c) Redesignated and
revised.
24.101(c).............................. 24.101(d) Redesignated and
revised.
24.102(a).............................. 24.102(a) Text unchanged.
24.102(b).............................. 24.102(b) Revised.
24.102(c) Intro. para.................. 24.102(c) Intro. para. Text
unchanged.
24.102(c)(1) through (e) Intro. para... 24.102(c)(1) through (e) Intro
para. Revised.
24.102(e)(1) and (2)................... 24.102(e)(1) and (2) Text
unchanged.
24.102(e)(3)........................... 24.102(e)(3) Revised.
24.102(f).............................. 24.102(f) Revised.
24.102(g) and (h)...................... 24.102(g) and (h) Text
unchanged.
24.102(i) through (k).................. 24.102(i) through (k) Revised.
24.102 (l)............................. 24.102 (l) Text unchanged.
24.102(m).............................. 24.102(m) Revised.
None................................... 24.102(n) Added.
24.103 Heading......................... 24.103 Heading Text unchanged.
24.103(a).............................. 24.103(a) Revised.
24.103(a)(1)........................... Appendix 24.103(a).
24.103(a)(2)........................... 24.101(a)(1) Redesignated and
text unchanged.
24.103(a)(3)........................... 24.103(a)(2) Redesignated and
revised.
24.103(a)(4) through (6)............... 24.103(a)(3) through (5)
Redesignated.and text
unchanged.
24.103(b) and (c)...................... 24.103(b) and (c) Revised.
24.103(d) Heading and (d)(1)........... 24.103(d) Heading and (d)(1)
Revised.
24.103(d)(2)........................... 24.103(d)(2) Text unchanged.
24.103(e).............................. 24.102(n) Redesignated and
revised.
24.104 Introductory para............... 24.104 Introductory para. Text
unchanged.
24.104(a), (b) and (c)................. 24.104(a), (b) and (c) Revised.
24.105(a) and (b)...................... 24.105(a) and (b) Text
unchanged.
24.105(c).............................. 24.105(c) Revised.
24.105(d) Introductory para............ 24.105(d) Introductory para.
Revised.
24.105(d)(1) through 24.105(e)......... 24.105(d)(1) through 24.105(e)
Text unchanged.
24.106(a).............................. 24.106(a) Text unchanged.
24.106(b).............................. 24.106(b) Revised.
24.107 through 24.108.................. 24.107 through 24.108 Text
unchanged.
------------------------------------------------------------------------
Subpart C
------------------------------------------------------------------------
24.201................................. 24.201 Text unchanged.
[[Page 70354]]
24.202................................. 24.202 Revised.
24.203 (a) and (a)(1).................. 24.203(a) and (a)(1) Text
unchanged
24.203(a)(2) through (5)............... 24.203(a)(2)-(5) Revised.
24.203(b) and (c)...................... 24.203(b) and (c) Text
unchanged.
None................................... 24.203(d) Added.
24.204(a).............................. 24.204(a) Revised.
24.204(a)(1) through (c)............... 24.204(a)(1) through (c) Text
unchanged.
24.205(a).............................. 24.205(a) Revised.
24.205(a)(1) and (2)................... 24.205(a)(1) and (2) Revised.
24.205(a)(3)........................... 24.205(a)(3) Text unchanged.
None................................... 24.205(a)(4) Added.
24.205(a)(4)........................... 24.205(a)(5) Redesignated.
24.205(b) through 24.205(c)(2)......... 24.205(b) through 24.205(c)(2)
Text unchanged.
24.205(c)(2)(i)........................ 24.205(c)(2)(i) Revised.
None................................... 24.205(c)(2)(i)(A) through (F)
Added.
24.205(c)(2)(ii) and (c)(2)(ii)(A)..... 24.205(c)(2)(ii) and
(c)(2)(ii)(A) Text unchanged.
24.205(c)(2)(ii)(B) through (E)........ 24.205(c)(2)(ii)(B) through (E)
Revised.
None................................... 24.205(c)(2)(ii)(F) Added.
24.205(c)(2)(iii) through (v).......... 24.205(c)(2)(iii) through (v)
Text unchanged.
24.205(c)(2)(vi)....................... 24.205(e) Redesignated and text
unchanged.
None................................... 24.205(c)(2)(vi) Added.
24.205(d).............................. 24.205(d) Text unchanged.
24.206 Introductory paragraph.......... 24.206 Revised.
24.206(a) and (b)...................... 24.2(a)(12)(i) and (ii)
Redesignated and revised.
24.206(c).............................. 24.206 Redesignated and
revised.
24.207(a) through (d)(1)............... 24.207(a) through (d)(1) Text
unchanged.
24.207(d)(2)........................... 24.207(d)(2) Revised.
24.207(e).............................. 24.403(a)(5) Redesignated.
24.207(f).............................. 24.403(a)(6) Redesignated
24.207(g).............................. 24.207(e) Redesignated.
None................................... 24.207(f) and (g) Added.
24.208 Intro. para..................... 24.208 Intro. para. Text
unchanged.
24.208(a) through (f) Intro. para...... 24.208(a) through (f) Intro.
para. Text unchanged.
24.208(f)(1)........................... 24.208(f)(1) Revised.
24.208(f)(2) through 24.209............ 24.208(f)(2) through 24.209
Text unchanged.
------------------------------------------------------------------------
Subpart D
------------------------------------------------------------------------
24.301 Heading......................... 24.301 Heading Revised.
24.301 Introductory paragraph.......... 24.301(a) Redesignated and
revised.
None................................... 24.301(a) Added.
24.301(a) and (b)...................... 24.301(g)(1) and (g)(2)
Redesignated and text
unchanged.
None................................... 24.301(b) Added.
24.301(c).............................. 24.301(g)(3) Redesignated
None................................... 24.301(c) Added.
24.301(d) through (f).................. 24.301(g)(4) through (g)(6)
Redesignated.
None................................... 24.301(d) through (f) Added.
24.301(g).............................. 24.301(g)(7) Revised.
None................................... 24.301(g)(18) Added.
None................................... 24.301(h) through (j) Added.
24.302................................. 24.302 Revised.
24.303................................. 24.303 Revised.
24.303(a) through (a)(14).............. 24.301(g)(1) through (g)(17)
Redesignated and revised.
24.303(b) through (b)(3)............... 24.301(i)(1) and (2)
Redesignated and revised.
24.303(c).............................. 24.301(d) Redesignated and
revised.
24.303(d).............................. 24.301(j) Redesignated and text
unchanged.
24.303(e) through (e)(2)............... 24.301(f) through (f)(2)
Redesignated and text
unchanged.
24.304 Heading......................... 24.304 Heading Text unchanged.
24.304 Introductory para............... 24.304 Introductory para.
Revised.
24.304(a) through (a)(3)............... 24.304(a) through (a)(3) Text
unchanged.
24.304(a)(4)........................... 24.303(a) Redesignated.
24.304(a)(5)........................... 24.304(a)(4) Redesignated.
24.304(a)(6)........................... 24.301(g)(11) Redesignated.
24.304(a)(7)........................... 24.303(b) Redesignated and
revised.
24.304(a)(8)........................... 24.304(a)(5) Redesignated.
24.304(a)(9)........................... 24.303(b) Redesignated and
revised.
24.304(a)(10).......................... 24.304(a)(6) Redesignated.
24.304(a)(11).......................... 24.303(c) Redesignated and
revised.
24.304(a)(12).......................... 24.304(a)(7) Redesignated.
24.304(b)(1) through (3)............... 24.304(b)(1) through (3) Text
unchanged.
24.304(b)(4)........................... 24.304(b)(4) Revised.
24.305 section heading................. 24.305 Removed.
[[Page 70355]]
24.305(a) through (k).................. 24.301(h) through (h)(11)
Redesignated and revised.
None................................... 24.305(h)(12) Added.
24.306 section heading................. 24.305 Redesignated.
24.306(a).............................. 24.305(a) Redesignated and
revised.
24.306(a)(1) through (a)(5)............ 24.305(a)(1) through (a)(5)
Redesignated and text
unchanged.
24.306(a)(6)........................... 24.305(a)(6) Revised.
24.306(b).............................. 24.305(b) Revised.
24.306(c).............................. 24.305(c) Revised.
24.306(c)(1) through (d)............... 24.305(c)(1) through (d)
Redesignated.
24.306(e).............................. 24.305(e) Revised.
24.307 section heading................. 24.306 Redesignated.
24.307(a) through (b).................. 24.306(a) through (b)
Redesignated.
24.307(c).............................. 24.306(c) Revised.
------------------------------------------------------------------------
Subpart E
------------------------------------------------------------------------
24.401 through 24.401(b)............... 24.401 through 24.401(b) Text
unchanged.
24.401(c).............................. 24.401(c) Text unchanged.
24.401(c)(1)........................... 24.401(c)(1) Revised.
24.401(c)(1)(i) and (ii)............... 24.401(c)(1)(i) and (ii) Text
unchanged.
24.401(c)(2)........................... 24.403(a)(7) Redesignated and
revised.
24.401(c)(3)........................... 24.403(g) Redesignated and
revised.
24.401(c)(4)........................... 24.401(c)(2) Redesignated and
text unchanged.
24.401(c)(4)(i)........................ 24.401(c)(2)(i) Redesignated
and text unchanged.
24.401(c)(4)(ii) and (iii)............. 24.401(c)(2)(ii) and (iii)
Redesignated and revised.
24.401(c)(4)(iv)....................... 24.401(c)(2)(iv) Redesignated
and text unchanged.
24.401(d) through 24.401(e)(3)......... 24.401(d) through 24.401(e)(3)
Text unchanged.
24.401(e)(4)........................... 24.401(e)(4) Revised.
24.401(e)(5) through (e)(3)............ 24.401(e)(5) through (e)(9)
Text unchanged.
24.401(f).............................. 24.401(f) Revised.
24.402(a) through (b)(2)(i)............ 24.402(a) through (b)(2)(i)
Text unchanged.
24.402(b)(2)(ii)....................... 24.402(b)(2)(ii) Revised.
24.402(b)(2)(iii) and (b)(3)........... 24.402(b)(2)(iii) and (b)(3)
Text unchanged.
24.402(c)(1)........................... 24.402(c)(1) Revised.
24.402(c)(2)........................... 24.402(c)(2) Text unchanged.
24.403 Heading......................... 24.403 Text unchanged.
24.403(a) and (a)(1)................... 24.403(a) and (a)(1) Revised.
24.403(a)(2) through (4)............... 24.403(a)(2) through (4) Text
unchanged.
None................................... 24.403(a)(5) through (7) Added.
24.403(b).............................. 24.403(b) Revised.
24.403(c) through (f)(1)............... 24.403(c) through (f)(1) Text
unchanged.
24.403(f)(2)........................... 24.403(f)(2) Revised.
24.403(f)(3)........................... 24.403(f)(3) Text unchanged.
None................................... 24.403(g) Added.
24.404(a) through 404(a)(2)(ii)........ 24.404(a) through 404(a)(2)(ii)
Text unchanged.
24.404(a)(2)(iii)...................... 24.404(a)(2)(iii) Revised.
24.404(b) through 404(c)(1)............ 24.404(b) through 404(c)(1)
Text unchanged.
24.404(b) through 404(c)(1)(i)......... 24.404(b) through 404(c)(1)(i)
Revised.
24.404(c)(ii) through 404(c)(1)(vi).... 24.404(c)(ii) through
404(c)(1)(vi) text unchanged.
24.404(c)(1)(vii)...................... 24.404(c)(1)(vii) Revised.
24.404(c)(1)(viii)..................... 24.404(c)(1)(viii) Text
unchanged.
24.404(c)(2)........................... 24.404(c)(2) Revised.
24.404(c)(3)........................... 24.404(c)(3) Text unchanged.
------------------------------------------------------------------------
Subpart F
------------------------------------------------------------------------
24.501 Heading......................... 24.501 Heading Text unchanged.
24.501 Intro. para..................... 24.501(a) Revised.
None................................... 24.501(b) Added.
24.502(b) through (b)(3)............... 24.301(f)(8) through (f)(10)
Redesignated and revised.
24.503 section heading................. 24.502 Redesignated and
revised.
24.503(a).............................. 24.502(a) Redesignated and
revised.
24.503(a)(1)........................... 24.502(a)(1) Revised.
None................................... 24.502(a)(1)(i) through (iii)
Added.
24.503(a)(2) through (3)............... 24.502(a)(2) through (3)
Redesignated and text
unchanged.
24.503(a)(3)........................... 24.502(a)(3) Revised.
24.503(a)(3)(i) through (iv)........... 24.502(a)(3)(i) through (iv)
Redesignated and text
unchanged.
None................................... 24.502(b)(1) Added.
24.503(b).............................. 24.502(b)(2) Revised.
None................................... 24.502 (c) through (e) Added.
24.504 Heading......................... 24.503 Heading Redesignated and
text unchanged.
24.504 Intro. para..................... 24.503 Intro. para.
Redesignated.
[[Page 70356]]
24.504(a) and (b)...................... 24.503(a) and (b) Redesignated
and text unchanged.
24.504(c).............................. 24.503(c) Redesignated and
revised.
24.505(a) through (e).................. 24.505(a) through (e) Removed.
24.505(e).............................. 24.501(b) Redesignated.
24.601................................. 24.601 Text unchanged.
24.602................................. 24.602 Revised.
24.603................................. 24.603 Text unchanged.
------------------------------------------------------------------------
Derivation Table
------------------------------------------------------------------------
New section Old section
------------------------------------------------------------------------
24.1................................... 24.1.
24.2(a)................................ None.
24.2(a)(1)............................. 24.2 Agency.
24.2(a)(2)............................. 24.2 Alien not lawfully present
in the United States.
24.2(a)(3)............................. 24.2 Appraisal.
24.2(a)(4)............................. 24.2 Business.
24.2(a)(5)............................. 24.2 Citizen.
24.2(a)(6)............................. 24.2 Comparable replacement
dwelling.
24.2(a)(6)(ix)......................... None.
24.2(a)(7)............................. 24.2 Contribute materially.
24.2(a)(8)............................. 24.2 Decent, safe, and sanitary
dwelling.
24.2(a)(8)(i).......................... 24.2 Decent, safe, and sanitary
dwelling, Para. (1).
24.2(a)(8)(ii)......................... None.
24.2(a)(8)(iii)........................ 24.2 Decent, safe, and sanitary
dwelling, Para. (2).
24.2(a)(8)(iv)......................... 24.2 Decent, safe, and sanitary
dwelling, Para. (3).
24.2(a)(8)(v).......................... 24.2 Decent, safe, and sanitary
dwelling, Para. (4), First
sentence.
24.2(a)(8)(vi)......................... 24.2 Decent, safe, and sanitary
dwelling, Para. (4), All text
after first sentence.
24.2(a)(8)(vii) and (viii)............. 24.2 Decent, safe, and sanitary
dwelling, Paras. (5) and (6).
24.2(a)(9)............................. 24.2 Displaced person.
24.2(a)(10)............................ 24.2 Dwelling.
24.2(a)(11)............................ None.
24.2(a)(12)............................ 24.206 Intro. para.
24.2(a)(12)(i) and (ii)................ 24.206(a) and (b).
24.2(a)(13)............................ 24.2 Farm operation.
24.2(a)(14)............................ 24.2 Federal financial
assistance.
24.2(a)(15)............................ None.
24.2(a)(16)............................ 24.2 Initiation of
negotiations.
24.2(a)(17)............................ 24.2 Lead Agency.
24.2(a)(18)............................ None.
24.2(a)(19)............................ 24.2 Mortgage.
24.2(a)(20)............................ 24.2 Nonprofit organization.
24.2(a)(21)............................ 24.2 Owner of a dwelling.
24.2(a)(22)............................ 24.2 Person.
24.2(a)(23)............................ 24.2 Program or project.
24.2(a)(24)............................ 24.2 Salvage value.
24.2(a)(25)............................ 24.2 Small business.
24.2(a)(26)............................ 24.2 State.
24.2(a)(27)............................ 24.2 Tenant.
24.2(a)(28)............................ 24.2 Uneconomical remnant.
24.2(a)(29)............................ 24.2 Uniform Act.
24.2(a)(30)............................ 24.2 Unlawful occupancy.
24.2(a)(31)............................ 24.2 Utility costs.
24.2(a)(32)............................ 24.2 Utility facility.
24.2(a)(33)............................ 24.2 Utility relocation.
24.2(a)(34)............................ None.
24.2(b)................................ None.
24.8(m)................................ 24.8(n).
24.8(n)................................ None.
24.101(b).............................. 24.101(a) 2nd para.
24.101(b)(1)........................... 24.101(a)(1).
24.101(b)(1)(i)........................ 24.101(a)(1)(i).
24.101(b)(1)(ii)....................... 24.101(a)(1)(ii).
24.101(b)(1)(iii)...................... 24.101(a)(1)(iii).
24.101(b)(1)(iv)....................... 24.101(a)(1)(iv).
24.101(b)(2)........................... 24.101(a)(2).
24.101(b)(2)(i)........................ 24.101(a)(2)(i).
24.101(b)(2)(ii)....................... 24.101(a)(2)(ii).
24.101(b)(3)........................... 24.101(a)(3).
[[Page 70357]]
24.101(b)(4)........................... 24.101(a)(4).
24.101(b)(5)........................... 24.101(a)(5).
24.101(c).............................. 24.101(b).
24.101(d).............................. 24.101(c).
24.102(n).............................. 24.103(e).
24.103(a)(1)........................... 24.103(a)(2).
24.103(a)(2)........................... 24.103(a)(3).
24.103(a)(3)........................... 24.103(a)(4).
24.103(a)(4)........................... 24.103(a)(5).
24.103(a)(5)........................... 24.103(a)(6).
24.203(d).............................. 24.2 Notice of intent to
acquire.
24.205(a)(4)........................... None.
24.205(a)(5)........................... 24.205(a)(4).
24.205(c)(2)(i)(A) through (F)......... None.
24.205(c)(2)(ii)(F).................... None.
24.205(c)(2)(vi)....................... Added.
24.205(e).............................. 24.205(c)(2)(vi) Redesignated
and text unchanged.
24.206................................. 24.206 Intro. para. and
24.206(c).
24.207(e).............................. 24.207(g)
24.207(f) and (g)...................... Added.
24.301(a).............................. 24.303(a) and 24.502(b).
24.301(a)(1)........................... 24.502(a).
24.301(b).............................. None.
24.301(b)(1) and (2)................... 24.301 Intro. para.
24.301(b)(1)........................... 24.303(a).
24.301(b)(2)(i)........................ 24.302 First sentence.
24.301(b)(3)........................... None.
24.301(c).............................. None.
24.301(d).............................. 24.303(a) and (c).
24.301(d)(1) and (2)................... 24.303(c).
24.301(f).............................. 24.303(e).
24.301(f)(8) through (10).............. 24.502(b) through (b)(3)
24.301(g)(1)........................... 24.301(a) and 24.303(a)(1).
24.301(g)(2)........................... 24.301(b) and 24.303(a)(2).
24.301(g)(3)........................... 24.301(a) and 24.303(a)(3).
24.301(g)(4)........................... 24.301(d) and 24.303(a)(4).
24.301(g)(5)........................... 24.301(e) and 24.303(a)(5).
24.301(g)(6)........................... 24.301(f) and 24.303(a)(7).
24.301(g)(7)........................... 24.301(g) and 24.303(a)(14).
24.301(g)(8)........................... 24.502(b)(1).
24.301(g)(9)........................... 24.502(b)(2).
24.301(g)(10).......................... 24.502(b)(3).
24.301(g)(11).......................... 24.303(a)(6).
24.301(g)(12).......................... 24.303(a)(8).
24.301(g)(12)(i) through (iii)......... 24.303(a)(8)(i) through (iii).
24.301(g)(13) through (17)............. 24.303(a)(9) through (13).
24.301(g)(18).......................... None.
24.301(h)(1) through (11).............. 24.305(a) through (k).
24.301(i).............................. 24.303(b).
24.301(j).............................. 24.303(d).
24.303 Intro. para..................... 23.303 Intro. para.
24.303(a).............................. 24.304(a)(4).
24.303(b).............................. 24.304(a)(7) and (a)(9).
24.303(c).............................. 24.304(a)(11).
24.304(a)(4)........................... 24.304(a)(5).
24.304(a)(5)........................... 24.304(a)(8).
24.304(a)(6)........................... 24.304(a)(10).
24.304(a)(7)........................... 24.304(a)(12).
24.304(b).............................. 24.305(b).
24.305 and 24.305(a) and (b)........... 24.306 and 24.306(a) and (b).
24.305(b)(1) through (4)............... 24.306(b)(1) through (4).
24.305(c) through (e).................. 24.306(c) through (e).
24.306................................. 24.307.
24.401(c)(2)........................... 24.401(c)(4).
24.403(a)(5)........................... 24.207(e).
24.403(a)(6)........................... 24.207(f).
24.403(a)(7)........................... 24.401(c)(2).
24.403(g).............................. 24.401(c)(3).
24.501(a).............................. 24.501 Intro. para.
24.501(b).............................. 24.505(e).
24.502 Heading......................... 24.503.
24.502(a).............................. 24.503(a)(1).
[[Page 70358]]
24.502(a)(1)........................... 24.503(a)(1).
24.502(a)(2) and (3)................... 24.503(a)(2) and (3).
24.502(b).............................. 24.503(b).
24.502(b)(1)........................... None.
24.502(b)(2)........................... 24.503(a)(3) and 503(b).
24.502(c).............................. 24.505(a).
24.502(d).............................. 24.503(a)(3)(iii).
24.502(e).............................. 24.505(b)(2).
24.503................................. 24.504.
------------------------------------------------------------------------
Public Meetings
Public meetings will be held on January 15, 22, and 28, 2004. The
January 15, 2004 meeting will be held in Washington, DC, United States
Department of Transportation, 400 7th Street SW., Room 8236; the
January 22, 2004 meeting will be held in Lakewood, CO, Zang Building,
Conference Room 360, 555 Zang Street. The January 28, 2004 meeting will
be held in Atlanta, GA, Atlanta Federal Center, Conference Room B, 61
Forsyth Street, SW., Atlanta, Georgia. Each meeting will be held from
10 am to 2 pm.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined preliminarily that this action would not be
a significant regulatory action within the meaning of Executive Order
12866, nor would it be significant within the meaning of Department of
Transportation regulatory policies and procedures. It is anticipated
that the economic impact of this rulemaking would be minimal.
This action proposes to update and streamline the Uniform Act
regulation and does not propose any new initiatives. We have proposed
only nominal adjustments to enhance services and payments to persons
displaced by Federal and federally-assisted real property acquisitions.
The costs of the increased benefits will continue to be funded through
Federal and federally-assisted project funds. These proposed changes
would assist the 18 Federal Agencies that acquire real property and
several of these Agencies provided input in developing these proposals.
These proposed changes would not adversely affect, in a material
way, any sector of the economy. These changes would assist Agencies in
developing their programs that acquire real property by providing
increased assistance, especially for businesses, farms and non-profit
organizations. None of the proposed changes would materially alter the
budgetary impact of any entitlements, grants, user fees, or loan
programs. Consequently, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612) the FHWA has evaluated the effects of this proposed
action on small entities and has determined that the proposed action
would not have a significant economic impact on a substantial number of
small entities.
This action proposes to update the governmentwide regulation that
provides assistance for persons, including small businesses, displaced
by government acquisition of real property. One of the reasons for
proposing the update is to increase assistance for displaced small
businesses. We anticipate this proposal would have a positive impact on
those relatively few small businesses that are affected by government
acquisition of real property. Financial impacts on local governments
are mitigated by the fact that any increased costs would accrue only on
federally-assisted programs, which would include participation of
Federal funds. For these reasons, the FHWA certifies that this action
would not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22,
1995, 109 Stat. 48). The proposed updates are applicable only on
Federal and federally-assisted programs. This proposed rule will not
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the
FHWA has determined that this proposed action would not have a
substantial direct effect or sufficient federalism implications on
States that would limit the policymaking discretion of the States. The
FHWA has also determined that this proposed action would not preempt
any State law or State regulation or affect the States' ability to
discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal Agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations.
Most of the data FHWA proposes to collect is currently required
under the
[[Page 70359]]
existing regulation. All information the FHWA proposes to collect for
reporting purposes is statistical data from the 18 Federal Agencies
engaged in land acquisition and displacement activities. The PRA was
enacted to minimize paperwork burdens and recordkeeping requirements
that the Federal government imposes on non-Federal entities. All the
information this proposed rule proposes to collect comes from the 18
Federal Agencies that acquire real property for Federal and federally-
assisted projects, and the information is generally already collected
by those Agencies for their own internal purposes. Therefore, the FHWA
has determined that this proposal does not contain collection of
information requirements for the purposes of the PRA.
National Environmental Policy Act
The FHWA has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321) and has
determined that this proposed action would not have any effect on the
quality of the environment.
Executive Order 12630 (Taking of Private Property)
This proposed action would not affect a taking of private property
or otherwise have taking implications under Executive Order 12630,
Government Actions and Interface with Constitutionally Protected
Property Rights.
Executive Order 12988 (Civil Justice Reform)
This proposed action meets applicable standards in Sec. Sec. 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
We have analyzed this proposed action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed action does not involve an economically
significant rule and does not concern an environmental risk to health
or safety that may disproportionately affect children.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposal under Executive Order 13175,
dated November 6, 2000, and believes that the proposed action will not
have substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal law. Therefore, a tribal
summary impact statement is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a significant
energy action under that order because it is not a significant
regulatory action under Executive Order 12866 and is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects under Executive Order
13211 is not required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 24
Real property acquisition, Relocation assistance, Reporting and
recordkeeping requirements and Transportation.
Issued on: December 5, 2003.
Mary E. Peters,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to revise
title 49 Code of Federal Regulations part 24, as set forth below:
PART 24--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION FOR FEDERAL AND FEDERALLY-ASSISTED PROGRAMS
Subpart A--General
Sec.
24.1 Purpose.
24.2 Definitions and acronyms.
24.3 No duplication of payments.
24.4 Assurances, monitoring and corrective action.
24.5 Manner of notices.
24.6 Administration of jointly-funded projects.
24.7 Federal Agency waiver of regulations.
24.8 Compliance with other laws and regulations.
24.9 Recordkeeping and reports.
24.10 Appeals.
Subpart B--Real Property Acquisition
24.101 Applicability of acquisition requirements.
24.102 Basic acquisition policies.
24.103 Criteria for appraisals.
24.104 Review of appraisals.
24.105 Acquisition of tenant-owned improvements.
24.106 Expenses incidental to transfer of title to the Agency.
24.107 Certain litigation expenses.
24.108 Donations.
Subpart C--General Relocation Requirements
24.201 Purpose.
24.202 Applicability.
24.203 Relocation notices.
24.204 Availability of comparable replacement dwelling before
displacement.
24.205 Relocation planning, advisory services, and coordination.
24.206 Eviction for cause.
24.207 General requirements--claims for relocation payments.
24.208 Aliens not lawfully present in the United States.
24.209 Relocation payments not considered as income.
Subpart D--Payments for Moving and Related Expenses
24.301 Payment for actual reasonable moving and related expenses.
24.302 Fixed payment for moving expenses--residential moves.
24.303 Related non-residential eligible expenses.
24.304 Reestablishment expenses--non-residential moves.
24.305 Fixed payment for moving expenses--non-residential moves.
24.306 Discretionary utility relocation payments.
Subpart E--Replacement Housing Payments
24.401 Replacement housing payment for 180-day homeowner-occupants.
24.402 Replacement housing payment for 90-day occupants.
24.403 Additional rules governing replacement housing payments.
24.404 Replacement housing of last resort.
Subpart F--Mobile Homes
24.501 Applicability.
24.502 Replacement housing payment for 180-day mobile homeowner
displaced from a mobile home, and/or from the acquired mobile home
site.
24.503 Replacement housing payment for 90-day mobile home occupants.
Subpart G--Certification
24.601 Purpose.
24.602 Certification application.
24.603 Monitoring and corrective action.
Appendix A to Part 24--Additional Information
Appendix B to Part 24--Statistical Report Form
Authority: 42 U.S.C. 4601 et seq.; 49 CFR 1.48(cc).
[[Page 70360]]
Subpart A--General
Sec. 24.1 Purpose.
The purpose of this part is to promulgate rules to implement the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended (42 U.S.C. 4601 et seq.), in accordance with
the following objectives:
(a) To ensure that owners of real property to be acquired for
Federal and federally-assisted projects are treated fairly and
consistently, to encourage and expedite acquisition by agreements with
such owners, to minimize litigation and relieve congestion in the
courts, and to promote public confidence in Federal and federally-
assisted land acquisition programs;
(b) To ensure that persons displaced as a direct result of Federal
or federally-assisted projects are treated fairly, consistently, and
equitably so that such displaced persons will not suffer
disproportionate injuries as a result of projects designed for the
benefit of the public as a whole; and
(c) To ensure that Agencies implement these regulations in a manner
that is efficient and cost effective.
Sec. 24.2 Definitions and acronyms.
(a) Definitions. Unless otherwise noted, the following terms used
in this part shall be understood as defined in this section:
(1) Agency. The term Agency means the Federal Agency, State, State
Agency, or person that acquires real property or displaces a person.
(i) Acquiring Agency. The term acquiring Agency means a State
Agency, as defined in paragraph (a)(1)(iv) of this section, which has
the authority to acquire property by eminent domain under State law,
and a State Agency or person which does not have such authority.
(ii) Displacing Agency. The term displacing Agency means any
Federal Agency carrying out a program or project, and any State, State
Agency, or person carrying out a program or project with Federal
financial assistance, which causes a person to be a displaced person.
(iii) Federal Agency. The term Federal Agency means any department,
Agency, or instrumentality in the executive branch of the Government,
any wholly owned government corporation, the Architect of the Capitol,
the Federal Reserve Banks and branches thereof, and any person who has
the authority to acquire property by eminent domain under Federal law.
(iv) State Agency. The term State Agency means any department,
Agency or instrumentality of a State or of a political subdivision of a
State, any department, Agency, or instrumentality of two or more States
or of two or more political subdivisions of a State or States, and any
person who has the authority to acquire property by eminent domain
under State law.
(2) Alien not lawfully present in the United States. The phrase
``alien not lawfully present in the United States'' means an alien who
is not ``lawfully present'' in the United States as defined in 8 CFR
103.12 and includes:
(i) An alien present in the United States who has not been admitted
or paroled into the United States pursuant to the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and whose stay in the United
States has not been authorized by the United States Attorney General,
and
(ii) An alien who is present in the United States after the
expiration of the period of stay authorized by the United States
Attorney General or who otherwise violates the terms and conditions of
admission, parole or authorization to stay in the United States.
(3) Appraisal. The term appraisal means a written statement
independently and impartially prepared by a qualified appraiser setting
forth an opinion of defined value of an adequately described property
as of a specific date, supported by the presentation and analysis of
relevant market information.
(4) Business. The term business means any lawful activity, except a
farm operation, that is conducted:
(i) Primarily for the purchase, sale, lease and/or rental of
personal and/or real property, and/or for the manufacture, processing,
and/or marketing of products, commodities, and/or any other personal
property;
(ii) Primarily for the sale of services to the public;
(iii) Primarily for outdoor advertising display purposes, when the
display must be moved as a result of the project; or
(iv) By a nonprofit organization that has established its nonprofit
status under applicable Federal or State law.
(5) Citizen. The term citizen for purposes of this part, includes
both citizens of the United States and noncitizen nationals.
(6) Comparable replacement dwelling. The term comparable
replacement dwelling means a dwelling which is:
(i) Decent, safe and sanitary as described in paragraph (a)(8) of
this section;
(ii) Functionally equivalent to the displacement dwelling. The term
functionally equivalent means that it performs the same function, and
provides the same utility. While a comparable replacement dwelling need
not possess every feature of the displacement dwelling, the principal
features must be present. Generally, functional equivalency is an
objective standard, reflecting the range of purposes for which the
various physical features of a dwelling may be used. However, in
determining whether a replacement dwelling is functionally equivalent
to the displacement dwelling, the Agency may consider reasonable trade-
offs for specific features when the replacement unit is equal to or
better than the displacement dwelling. (See appendix A to this part);
(iii) Adequate in size to accommodate the occupants;
(iv) In an area not subject to unreasonable adverse environmental
conditions;
(v) In a location generally not less desirable than the location of
the displaced person's dwelling with respect to public utilities and
commercial and public facilities, and reasonably accessible to the
person's place of employment;
(vi) On a site that is typical in size for residential development
with normal site improvements, including customary landscaping. The
site need not include special improvements such as outbuildings,
swimming pools, or greenhouses. (See also Sec. 24.403(a)(2));
(vii) Currently available to the displaced person on the private
market except as provided in paragraph (a)(6)(ix) of this section. (See
appendix A, section 24.2(a)(6)); and
(viii) Within the financial means of the displaced person eligible
for a replacement housing payment. This means that after receipt of all
acquisition and relocation payments under this regulation (including
any amount deducted because of rent owed the Agency), the price or rent
(including utilities), as appropriate, of the replacement dwelling
offered as a comparable does not exceed the price or rent (including