the federal relocation assistance program

This proposed action has been analyzed in accordance with the principles and criteria contained in E.O. Section 24.3 No duplication of payments. The Agency may set a reasonable time limit for a person to file an appeal. L. 100-17) of 1987 designated the U.S. Department of Transportation (DOT) as the Federal Lead Agency (Lead Agency) for the Uniform Act. (2) The Agency has the responsibility to assure that the appraisals it obtains are relevant to its program needs, reflect established and commonly accepted Federal and federally assisted program appraisal practice, and at a minimum, comply with the definition of appraisal in § 24.2(a) and the requirements in paragraphs (a)(2)(i) through (v) of this section (see appendix A of this part, Section 24.103 and Section 24.103(a)): (i) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), including items identified as personal property, a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a 5-year sales history of the property. This NPRM makes a number of changes to emphasize that the recipient remains responsible for ensuring compliance with Federal funding Agency requirements when the recipient delegates project activities to subrecipients, including public Agencies. If the appraiser uses more than one approach, there shall be an analysis and reconciliation of approaches to value used that is sufficient to support the appraiser's opinion of value. However, an aggrieved claimant can directly approach a court of law if the administrative remedies are inadequate or futile[vii]. The intent is that non-appraisers make the waiver valuations, freeing appraisers to do more complex work. It is within Agency discretion to decide whether a second review is needed if the first review appraiser establishes a value different from that in the appraisal report or reports on the property. The requirements of this subpart apply to any acquisition of real property for programs and projects where there is Federal financial assistance in any part of project costs except for the acquisitions described in paragraphs (b)(1) through (5) of this section. Chapter 61, section 4624—Replacement housing for tenants and certain others. 13175 and believes that the proposed action would not have substantial direct effects on one or more Indian tribes; would not impose substantial direct compliance costs on tribal governments; and, would not preempt tribal law. Agency review appraisers typically perform a role greater than technical appraisal review. (a) Eligibility. Appraisals performed for Federal and federally assisted real property acquisition must follow the requirements in this part. (2) The Agency shall waive this time period for good cause. USCIS (U.S. Section 1521(c)(1) of MAP-21 amends Section 204(a) of the Uniform Act by increasing the statutory limit for rental assistance payments to $7,200. better and aid in comparing the online edition to the print edition. (6) Currently owns a previously purchased dwelling and site, valuation of which shall be on the basis of current fair market value. (See appendix A of this part, Section 24.304(b)(5).). For a more detailed list of income exclusions see Federal Highway Administration, Office of Real Estate Services website. to the courts under 44 U.S.C. The FHWA also believes that because the fees are reimbursed at the Agency's discretion based on the actual, reasonable, and necessary test, the potential for waste, fraud, and abuse is manageable. (See appendix A of this part, Section 24.102(d).). Use the PDF linked in the document sidebar for the official electronic format. Finally, FHWA proposes adding a new appendix item for this definition that provides a discussion of FHWA's view of determining occupancy and eligibility for those who occupy a shelter. The appendix states that waiver valuations are not appraisals under this rule. The FHWA's Business Relocation Assistance Retrospective Study [9] Over a series of several working group meetings, the draft was refined and revised based on proposed edits and comments of the working group. The Agency and the utility facility owner shall reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment. The CPI-U is produced by the BLS and is subject to verification and oversight. (c) Down payment assistance payment—(1) Amount of payment. The term dwelling means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house; a single-family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a mobile home; or any other residential unit. The FHWA proposes to reorganize the definition to specifically address persons who are temporarily displaced and is proposing a new addition, § 24.202(a), to describe the required assistance and services that must be made available for persons temporarily displaced. An Agency, at its discretion, may consider such person to be in lawful occupancy for the purpose of determining eligibility for assistance under the Uniform Act. The FHWA seeks comments on whether there may be other resources that can be used when an agency considers a certification invalid. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. The requesting Agency shall have a separate and distinct quality control process in place and set forth in the written procedures approved by the Federal funding agency. The sentence states that the full amount of the rental assistance payment vests with a tenant regardless of the later condition or location of the replacement dwelling. To date, the practice of withholding a portion of, or deducting from, a relocation replacement housing payment to satisfy non-payment of rent to an Agency, or to satisfy an obligation to any other creditor, has been clearly prohibited. Agencies should put procedures in place to ensure that waiver valuations are accurate and that they are consistent with the unit values on the project as determined by appraisals and appraisal reviews. Computation: $20,000 divided by 18 months = $1,111 per month × 24 months = $26,664 divided by 2 years = $13,332; Eligibility = $13,332 (Average annual net earnings). The Moving Ahead for Progress in the 21st Century Act (MAP-21) modified the statutory payment levels for which displaced persons may be eligible under the Uniform Act's implementing regulations, necessitating the current proposed rulemaking. The statement must be signed and dated and may not be coerced by the Agency. Tenants who occupy property that may be voluntarily acquired amicably, without recourse to the use of the power of eminent domain, must be fully informed as to their potential eligibility for relocation assistance when negotiations are initiated. 2000d et seq.). 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. (5) Insurance for the replacement value of the property in connection with the move and necessary storage. The benefits of the proposed rule primarily relate to improved equity and fairness to entities that are displaced Start Printed Page 69485from their properties or that move as a result of projects receiving Federal funds. Recipient. (See § 24.204(a).). The owner must provide the Agency a written notification which states that they will be designating a representative, provide that person's name and contact information and what if any notices or information, the representative is not authorized to receive. (Approved by the Office of Management and Budget under control number 2105-0508). Staff can also help you find English language programs, … To enable adequate preparation of the prescribed biennial report, the Lead Agency may require periodic information or data from affected Federal or State Agencies. Examples include FHWA's business relocation retrospective study: https://www.fhwa.dot.gov/​real_​estate/​publications/​business_​relocation_​assistance/​index.cfm and GAO report GAO-07-28GA, Eminent Domain, https://www.gao.gov/​assets/​260/​253929.pdf. The FHWA agrees and believes that allowing either an owner or a designated representative to receive a written offer in no way diminishes a property owner's rights. At the Agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. (2) The provisions of this subpart do not apply to temporary easements or permits needed solely to perform work intended exclusively for the benefit of the property owner, which work may not be done if agreement cannot be reached. Operating expenses for carrying out the purposes of the nonprofit organization are not included in administrative expenses. 6101 et seq.). The term decent, safe, and sanitary (DSS) dwelling means a dwelling which meets the requirements of paragraphs (i) through (vii) of this definition or the most stringent of the local housing code, Federal Agency regulations, or the Agency's regulations or written policy. ), (k) Uneconomic remnant. (3) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling. the Federal Register. The FHWA proposes to add “actual, reasonable, and necessary” before the words “license, permit, fees or certification” and “farms or non-profits” and after “business” in this paragraph. Courts have held that the very purpose of the Uniform Relocation Assistance program was to avoid disproportionate injuries to persons displaced as result of programs designed for the benefit of the public as a whole rather than to guarantee identical substitute housing for all relocatees[iv]. (2) Business in operation 18 months earned $20,000. Raising the maximum payment levels will compensate those entities more fairly and equitably for the negative impacts they experience as a result of a Federal or federally assisted project. ), (2) If a Federal Agency (except for the Tennessee Valley Authority or the Rural Utilities Service) will not acquire a property because negotiations fail to result in an agreement, the owner of the property or the owner's designated representative shall be so informed in writing. Section 24.301(e) Personal property only. [2] The purpose of the appraisal waiver provision is to provide Agencies a technique to avoid the costs and time delay associated with appraisal requirements for uncomplicated acquisitions. Specifically, FHWA proposes to reword the definition of a “displaced person” at § 24.2(a) and the definition of “initiation of negotiations” at § 24.2(a) wherever this it appears. (m) Executive Order 12630—Governmental Actions and Interference Start Printed Page 69494with Constitutionally Protected Property Rights. Section 24.102(m) Fair rental. The OFR/GPO partnership is committed to presenting accurate and reliable This action updates this regulation to reflect increases in benefit levels for displaced persons and to improve the Agencies' service to individuals and businesses affected by Federal or federally assisted projects. (a) Records. The FHWA invites comments or suggestions on this proposed change. Given that this regulation allows and defines instances when an alien not lawfully present in the United States may receive Uniform Act benefits, the FHWA believes that the hardship exception also applies to temporary relocations in cases where an exceptional and extremely unusual hardship to a designated family member would be created by denying such benefits and assistance. The FHWA is proposing to eliminate the term “low-value” since this proposed regulation now defines the range of values to which a waiver can be applied. The USPAP may be viewed on The Appraisal Foundation's website. Agency offers a comparable replacement rental dwelling to convert the homeowner occupant to tenant status. This document has been published in the Federal Register. (iii) When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling prices. ), and Executive Order 11063 (3 CFR, 1959-1963 Comp., p. 652), and offer the services described in paragraph (c)(2) of this section. (1) For projects receiving Federal financial assistance, the provisions of §§ 24.102, 24.103, 24.104, and 24.105 apply to the greatest extent practicable under State law. If the 90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than 90 days after such a dwelling is made available. The agency cannot procure the property prior to developing a program[x]. (j) Transfer of ownership (nonresidential). (8) State revenue or documentary stamps, sales or transfer taxes (not to exceed the costs for a comparable replacement dwelling). 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. that agencies use to create their documents. The term Federal financial assistance means a grant, loan, or contribution provided by the United States, except any Federal down payment assistance, tax credits such as the Low Income Housing Tax Credit (LIHTC), guarantee or insurance and any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual. Published by The Appraisal Foundation, a nonprofit educational organization. Such request must identify the specific parcels that would be acquired by eminent domain, the reason for the need, and the steps the Agency will take to ensure that property owner's assistance and protection are not reduced. However, it should be read in conjunction with the definition of “owner of a dwelling” at § 24.2(a). In addition to the items in paragraph (a) of this section, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in paragraphs (g)(8) through (10) of this section. Financial assistance may be offered as partial, covering … The term “general geographic area” is used to clarify that an Agency carrying out a project or program can achieve the purpose of the project or program by purchasing any of several properties that are not necessarily contiguous or are not limited to a specific group of properties. No person to be displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling (defined at § 24.2) has been made available to the person. For instance, application must be made within the stipulated date on which the displaced person moves from the real property acquired by the government. Before the initiation of negotiations, the Agency shall establish an amount which it believes is just compensation for the real property. ), (3) The Relocation assistance provisions included in this part are applicable to any property owner or tenants who must move as a result of an acquisition described in paragraph (d)(2) of this section. (C) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. (d) Coordination of relocation activities. Because State laws may require differing elements in an agreement in order to make it a legally binding contract under State law each recipient or displacing agency should consult with their legal counsel and develop required documents and documentation necessary to make a sufficiency determination under State law. The FHWA views the clear purpose of the provision as ensuring that voluntary acquisitions are not simply preludes to an eminent domain acquisition, should voluntary acquisition negotiations fail. The Surface Transportation and Uniform Relocation Assistance Act (STURAA) (Pub. When allowed for under applicable law, a single offer that includes the value of the remainder property should be made. The FHWA does not believe that any additional changes are needed to this regulation given the restrictive and specific language in this paragraph. (3) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property. Regardless of project time pressures, property owners must be afforded this opportunity. Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ), (c) The review appraiser shall prepare a written report that identifies the appraisal reports reviewed and documents the findings and conclusions arrived at during the review of the appraisal(s). 4601 et seq. An approved appraisal is the one acceptable appraisal that is determined to best fulfill the requirement to be the basis for the amount believed to be just compensation. Open for Comment, Economic Sanctions & Foreign Assets Control, National Oceanic and Atmospheric Administration, Passenger Vehicle and Light Truck Tires From the People's Republic of China, Advisory Committee on Immunization Practices (ACIP), Centers for Disease Control and Prevention, Economic Relief Related to the COVID-19 Pandemic, SIDE-BY-SIDE Subpart B 101 only clean 12 13 19. Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Add to clipboard by the Transportation Department on 12/18/2019 . In addition, FHWA is proposing to make changes to wording and section organization to better reflect the Federal experience implementing Uniform Act programs. As defined in 5 CFR 1320.3(c), “collection of information” comprised of reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. This proposed change does not create a new requirement but is proposed to ensure that those Agencies acquiring properties which may be incorporated into a planned, anticipated, or designated federally assisted program or project understand when, why, and how the requirements of this rule apply. 14. The FHWA proposes to delete date and publication information from the description of “Uniform Standards of Professional Appraisal Practice (USPAP).” The FHWA believes this change is needed because the USPAP has been updated several times since the publication of the current rule and may be updated several times over the next several years. In such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply. These changes are necessary because of changes to eligibility criteria for owners in Section 1521(a)(1) of MAP-21, which reduced the number of days a person must have owned and occupied a displacement dwelling in order to be eligible for a replacement housing payment from 180 days to 90 days. Similarly, section 1521(b)(2) of MAP-21 also amends Section 203(a)(1) of the Uniform Act by reducing the number of days a person must have owned and occupied an acquired dwelling in order to be eligible for a rental assistance payment from 180 days to 90 days. Submit a copy of this report to the lead Agency as soon as possible after September 30, but not later than November 15. Section 24.301 Payment for Actual Reasonable Moving and Related Expenses. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. The payment to a person with minimal personal possessions who is in occupancy of a dormitory style room or a person whose residential move is performed by an Agency at no cost to the person shall be limited to the amount stated in the most recent edition of the Fixed Residential Moving Cost Schedule. Section 24.9(c) Reports. (See appendix A of this part, Section 24.5.). The FHWA will consider EJ when it makes a future funding or other approval decision on a project-level basis. The term mortgage means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby. documents in the last year, 105 Unless such denial of benefits would create an extremely unusual hardship to a designated family member in accordance with § 24.208(g). (1) All claims for a relocation payment shall be filed with the Agency no later than 18 months after: (i) For tenants, the date of displacement. The FHWA has developed a separate regulatory impact analysis which documents the costs for its program administration and oversight. Appraisal waiver requirements have proven to be an effective tool in containing costs and in fostering accelerated project delivery while protecting the rights of property owners under the Uniform Act. (2) A process to document and record when information is legally delivered in digital format. A relocation incentive may be paid only when the employee's rating of record under an official performance appraisal or evaluation system is at least \"Fully Successful\" or equivalent. The FHWA proposes to move a portion of the previous appendix from this item to the regulation to streamline the new rule. Section 24.11 Adjustment of relocation benefits. (h) Ineligible moving and related expenses. Some Agencies were concerned that the dwelling test would reduce overall benefits available to displaced mobile home occupants under the current two-part eligibility calculation method and specifically to those who are displaced low income mobile home occupants. (Include parcels acquired without Federal financial assistance, if there was or will be Federal financial assistance in other phases of the project or program.). Another example could be the use of a superior, but smaller, decent, safe and sanitary dwelling to replace a large, old substandard dwelling, only a portion of which is being used as living quarters by the occupants and no other large comparable dwellings are available in the area. The term owner of a dwelling means a person who is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property: (i) Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or, (ii) An interest in a cooperative housing project which includes the right to occupy a dwelling; or, (iii) A contract to purchase any of the interests or estates described in this section; or, (iv) Any other interest, including a partial interest, which in the judgment of the Agency warrants consideration as ownership.Start Printed Page 69492. If a decision is later made to permanently relocate such persons, those who had been temporarily relocated under Superfund authority would no longer be on site when a formal, written offer to acquire the property was made, and thus would lose their eligibility for a replacement housing payment. Eligible expenses for moves from a mobile home include those expenses described in paragraphs (g)(1) through (7) of this section. The United States Small Business Administration's 2018 Small Business Profile estimates 30.2 million small businesses in the United States. We are proposing that every reasonable attempt should be made to make available a replacement HECM with similar terms. (See appendix A of this part, Section 24.403(a)(3).). (f) The Flood Disaster Protection Act of 1973 (Pub. The updates include streamlining processes to better meet current Uniform Act implementation needs and eliminating duplicative and outdated regulatory language. Additional information on consumer price indexes can be found on the Bureau of Labor Statistics website. The FHWA proposes to make these changes in the acronym listing of this paragraph, remove numbers, and alphabetize the acronyms. 1982 et seq.). Section 24.303(b) Professional services. Section-By-Section Discussion of the Proposals. (a) Eviction for cause must conform to applicable State and local law. The term displaced person is used in the Uniform Act to describe persons that Start Printed Page 69469move because of a Federal or federally assisted project or program. (c) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be lawfully present in the United States, no relocation payments may be made to him or her. At a minimum, the selected comparable dwelling should be physically inspected or, if an inspection is not feasible, the displaced person shall be informed in writing that a physical inspection of the interior or exterior was not performed, the reason that the inspection was not performed, and that if the comparable is selected as a replacement dwelling a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be decent, safe, and sanitary. Such settlements change to the Agency is obligated to inform the person 's income is not a permissible actual cost. Of real property because of the Federal Register documents flexibility Act ( MAP-21 ) amended 42 U.S.C and requirements were! Is excluded from the Agency 's process Order 11246—Equal employment opportunity, as defined at § 24.2 a! Instead have relevant Policies required relocation assistance is provided to recipients HECM supplement payment needed to a. 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