the rental replacement housing payment and may use the uniform schedules of average rental housing in the community or area. The Contracting Officer may determine the average month's rent by selecting one or more dwellings representative of the dwellEting unit acquired, which is available on the private market and meets the definition of a comparable replace9ment dwelling.

(2) Calculation of payment. The en rental replacement housing payment should be the amount necessary to rent a comparable replacement dwelling for four years, and subtracting from such amount 48 times the average month's rent paid by the displaced tenant in the last three months prior to initiation of negotiation if such rent is reasonable, and if not reasonable, 48 times the economic rent for the occupied dwelling unit as established by the Contracting Officer.

(3) Exceptions. The Contracting Officer may establish the average month's rent by using more than three months, if he deems it advisable. If rent is being paid to the Postal ServXice or to any other agency of Federal,

State, or local government, economic the rent shall be used in determining the amount of the payment to which the displaced tenant is entitled.

(4) Disbursement of rental replacement housing payment. All rental replacement housing payments $2,000 or less will be made by lump sum payment. Those in excess of $2,000 will be made in four equal annual installntments commencing upon approval of ete the application, or until the balance is reduced to $2,000 or less at which time in full payment will be made.

(c) Replacement housing downpayment. A displaced person eligible under this Section who elects to purchase instead of renting is eligible to receive, upon application, the amount necessary to enable him to make a downpayment on the purchase of a replacement dwelling but not to exceed $4,000, except that if such amount exceeds $2,000, such person must equally match any such amount in excess of $2,000, in making the downpayment. The payment shall be computed by determining the amount necessary to enable him to make a downpayment

and to cover incidental expenses on the purchase of replacement housing.

(1) Downpayment portion. The maximum downpayment available under this section shall be the amount required for a conventional loan on a comparable replacement dwelling. The Contracting Officer shall determine the amount by establishing the value of a comparable replacement dwelling as set out in this section, and determining the downpayment required on a mortgage loan available to the displaced person on such comparable dwelling by commercial banks in the general area in which the replacement dwelling is located.

(2) Incidental expenses. Incidental expenses of closing the transaction are those as described in § 777.7(g).

(3) Application of payment. The full amount of the payment made under this section must be applied to the purchase price of the dwelling and such downpayment and incidental costs shown on the closing statement.

(4) If a replacement dwelling is purchased for less than the established price of a comparable dwelling, the downpayment will be computed on the lesser price.

§ 777.10 Relocation assistance advisory services.

(a) Services. Whenever the acquisition of real property for a program or project undertaken by the Postal Service will result in displacement of a person, the Contracting Officer shall provide relocation assistance and other advisory service to the displaced persons in order to minimize hardships to such persons, which shall include such measures, facilities, or services as may be necessary or appropriate in order to:

(1) Determine the need, if any, of displaced persons for relocation assistance;

(2) Provide current and continuing information on the availability, prices, and rentals of comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses;

(3) Assure that, within a reasonable period of time prior to displacement,

§ 777.11

there will be available comparable replacement dwellings, except that assurance may be waived as specified in § 777.5;

(4) Assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location;

(5) Supply information concerning Federal and State housing programs, disaster loan programs, and other Federal or State programs offering assistance to displaced persons;

(6) Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation;

(7) Assist displaced persons in preparation and submission of claims for benefits;

(8) At the time of the relocation contact, provide persons, who are potential displaces, a brochure or pamphlet outlining the benefits to which they may be entitled under the Act and information concerning other assistance which might be furnished them. Such brochures should contain information that any payment received under Title II of the Act will not be considered as income for the purpose of the Internal Revenue Code of 1954, or for the purpose of determining eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other Federal law.

(b) Cooperation with other Government agencies. In providing the above services, the Contracting Officer may consult State and local relocation agencies to determine the availability of housing resources and to assure coordination of all relocation activities in the community. When more than one Federal agency is causing displacement in a community or area, the Contracting Officer in cooperation with the heads of other agencies involved, shall take positive action to assure the maximum coordination of relocation activities. To assure simplification and coordination in administering relocation activities, the Contracting Officer, acting in conjunction with other Federal agencies, should consider contracting with a single agency to assume full responsibility for provid

§ 777.12 Appeals.

Persons aggrieved by a determination as to their eligibility for a relocation payment or by the amount of such payment must be advised of their right to have their application reviewed in accordance with section 213(b)(3) of the Act. Any such grievance must be submitted within three months of denial of all or part of a relocation claim. When such grievances develop every effort should be made to resolve them at the regional level; however, when the grievance cannot be resolved, it should be referred to Headquarters. In referring appeals of aggrieved applicants to Headquarters, the applicant's case file must be submitted together with a complete report outlining the nature of the grievance. The file and report will be submitted to the attention of Director, Office of Real Estate, who will issue a dispositive decision on the matter. Such decision shall not be subject to review or further administrative appeal.

Sec.

778.3 What categories of facility project actions of the Postal Service are subject

to these regulations?

778.4 What are the Postal Service's general responsibilities under the Order? 778.5 What is the Postal Service's obligation with respect to federal interagency coordination?

778.6 What procedures apply to a state's choice of facility action catagories under these regulations? 778.7 How does the Postal Service communicate with state and local officials concerning the Postal Service's facility project actions?

778.8 How does the Postal Service provide states an opportunity to comment on proposed facility project actions?

778.9 How does the Postal Service receive and respond to comments?

778.10 How does the Postal Service make efforts to accommodate intergovernmental concerns?

778.11 What are the Postal Service's obligations in interstate situations?

[Reserved]

778.12 1778.13 May the Postal Service waive any provision of these regulations?

10

AUTHORITY: 39 U.S.C. 401.

SOURCE: 48 FR 29376, June 24, 1983, unless otherwise noted.

§ 778.1 What is the purpose of these regulations?

(a) The regulations in this part implement Executive Order 12372, "Intergovernmental Review of Federal * Programs," issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968, which the Postal Service follows as a matter of policy.

(b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed direct federal development projects.

(c) These regulations are not intended to create any right or benefit enforceable at law by a party against the Postal Service or its officers.

(d) These regulations implement Executive Order 12372 and are adopted under the Postal Reorganization Act rather than the statute and Executive Order listed in paragraph (a) of this section to the extent the statute and

Executive Order do not apply to the Postal Service under 39 U.S.C. 410(a).

§ 778.2 What definitions apply to these regulations?

"Order" means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and titled "Intergovernmental Review of Federal Programs."

"State" means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands.

§ 778.3 What categories of facility project actions of the Postal Service are subject to these regulations?

The Postal Service publishes in the FEDERAL REGISTER a list of its categories of facility project actions that are subject to these regulations.

§ 778.4 What are the Postal Service's general responsibilities under the Order? (a) The Postal Service provides opportunities for consultation by elected officials of those state and local governments that would be directly affected by the Postal Service's facility project actions.

(b) If a state adopts a process under the Order to review and coordinate proposed direct Federal development projects, the Postal Service, to the extent permitted by law:

(1) Uses the state process to determine official views of state and local elected officials;

(2) Communicates with state and local elected officials as early in a facility project action's planning cycle as is reasonably feasible to explain specific plans and actions;

(3) Makes efforts to accommodate state and local elected officials' concerns with proposed direct Federal development projects that are communicated through the state process; and (4)-(5) [Reserved]

(6) Seeks the coordination of views of affected state and local elected officials in one state with those of another state when a proposed direct Federal development project has an

§ 778.6 What procedures apply to a state's choice of facility action categories under these regulations?

(a) A state may select any categories of facility project actions published in the FEDERAL REGISTER in accordance with 778.3 for intergovernmental review under these regulations. Each state, before selecting categories of facility project actions, shall consult with local elected officials.

(b) Each state that adopts a process shall notify the Postal Service of the Postal Service's categories of facility actions selected for that process.

(c) A state may notify the Postal Service of changes in its selections at any time. For each change, the state shall submit to the Postal Service an assurance that the state has consulted with local elected officials regarding the change. The Postal Service may establish deadlines by which states are required to inform the Postal Service of changes in their facility action category selections.

(d) The Postal Service uses a state's process as soon as feasible, after the Postal Service is notified of the state's selections.

(2) The development project involves a facility project action category not selected for the state process.

This notice may be made by publication in local newspapers and/or by letter.

§ 778.8 How does the Postal Service provide states an opportunity to comment on proposed facility project actions? (a) Except in unusual circumstances, the Postal Service gives state processes or directly affected state, areawide, regional and local officials and entities(1) [Reserved]

(2) At least 60 days from the date established by the Postal Service to comment on proposed facility project actions (except as noted in paragraph (a)(3) of this section).

(3) For facility project actions in the Washington, DC National Capital Region, coordination also is accomplished with the National Capital Planning Commission (NCPC). The Postal Service gives the NCPC 90 days to comment on projects in the Maryland and Virginia portions of the National Capital Region.

(b) This section also applies to comments in cases in which the review, coordination, and communication with the Postal Service have been delegated.

§ 778.9 How does the Postal Service receive and respond to comments? (a) The Postal Service follows the procedures in § 778.10 if:

(1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies, and

(2) That office or official transmits a state process recommendation for a facility project action of a category selected under § 778.6.

(b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation.

(2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted.

(c) If a state has not established a process, or does not submit a state process recommendation, state, areawide, regional and local officials and entities may submit comments directly to the Postal Service.

(d) If a facility project action is not selected for a state process, state, areawide, regional and local officials and entities may submit comments directly to the Postal Service. In addition, if a state process recommendation for a nonselected facility project action is transmitted to the Postal Service by the single point of contact, the Postal Service follows the procedures of § 778.10.

(e) The Postal Service considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Postal Service is not required to apply the procedures of §778.10 when such comments are provided by a single point of contact or directly to the Postal Service by a commenting party.

§ 778.10 How does the Postal Service make efforts to accommodate intergovernmental concerns?

(a) If a state process provides a state process recommendation to the Postal Service through its single point of contact, the Postal Service either:

(1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or

(3) Provides the single point of contact with such written explanation of its decision as the Postal Service in its discretion deems appropriate. The Postal Service may also supplement the written explanation by providing the explanation to the single pont of contact by telephone, other telecommunication, or other means.

(b) In any explanation under paragraph (a)(3) of this section, the Postal Service informs the single point of contact that:

(1) The Postal Service will not implement its decision for at least ten days

after the single point of contact receives the explanation; or

(2) The Postal Service has reviewed the decision and determined that because of unusual circumstances, the waiting period of at least ten days is not feasible.

(c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.

§ 778.11 What are the Postal Service's obligations in interstate situations?

(a) The Postal Service is responsible for:

(1) Identifying proposed direct federal development projects that have an impact on interstate areas;

(2) Notifying appropriate officials and entities in states which have adopted a process and which select the Postal Service's facility project action for review.

(3) Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Postal Service's facility project action for review.

(4) Responding pursuant to § 778.10 if the Postal Service receives a recommendation from a designated areawide agency transmitted by a single point of contact in cases in which the review, coordination, and communication with the Postal Service have been delegated.

(b) The Postal Service uses the procedures in § 778.10 if a state process provides a state process recommendation to the Postal Service through a single point of contact.

§ 778.12 [Reserved]

§ 778.13 May the Postal Service waive any provision of these regulations?

In an emergency, the Postal Service may waive any provision of these regulations.

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