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average income; businesses and farm operations. 4.210 Application for payment.

Subpart C-Replacement Housing

4.301 Determinations

or

assurances

re

quired before displacement.

4.302 Replacement housing unavailable. 4.303 Decent, safe, and sanitary housing requirements.

4.310 Replacement housing payment for homeowners.

4.311 Computation of payment-180-day

owners.

4.320 Replacement housing payments for tenants and certain others.

4.321 Computation of rental replacement housing payments.

4.322 Computation of replacement housing down payment-tenants and 90-day

owners.

4.330 Determination of cost of replacement

dwelling.

4.331 Rules for considering land values.

4.332 Partial use of home for business or farm operation.

4.333 Multiple occupants of a single dwelling.

4.334 Multifamily dwelling.

4.335 Application and payment.

4.336 Certificate of eligibility pending purchase of replacement dwelling.

4.337 Inspection of replacement dwelling required.

Subpart D-Relocation Assistance Advisory

Services

4.400 Requirements for relocation assistance advisory programs.

4.401

Extension of service.

4.402 Displaced person declining to accept relocation services.

4.403 Information for displaced persons. 4.404 Public information.

4.405

Coordination of relocation activities. Contracting for relocation services. 4.406-1 Written agreement required.

4.406

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§ 4.100 Purpose and policy.

(a) This part implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 which provides for the uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federallyassisted projects and establishes uniform and equitable land acquisition policies for Federal and federally-assisted programs.

(b) In implementing the act, it is the policy of the Environmental Protection Agency to deal consistently and fairly with all persons whose property is taken for public projects and all persons who are displaced from their homes, businesses or farms.

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A lawful activity, other than a farm operation, conducted primarily,

(a) For the purchase, sale, lease, or rental of personal and real property, or the manufacture, processing, or marketing of products, commodities, or other personal property;

(b) For the sale of services to the public;

(c) By a nonprofit organization; or

(d) Solely for the purposes of section 202(a) of the act, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. Section 202(a) provides entitlement to payment for actual reasonable moving and related expenses.

§ 4.102-4 Displacing agency.

The Environmental Protection Agency in the case of an EPA project or a State agency (§ 4.102-14) in the case of a project receiving financial assistance from EPA.

§ 4.102-5 Dwelling.

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§ 4.102-8 Farm operation.

A lawful activity conducted solely or nd primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing those products or commodities in sufficient quantity to be capable of providing at least one-third of the operaator's income. Where such operation is obviously a farm operation, however, it need not contribute one-third to the operator's income for him to be eligible for relocation payments.

§ 4.102-9 Federally assisted.

With respect to States or State agen¿cies, assisted by a contract, grant, loan, or contribution by the United States, except any Federal guarantee or insurance and any annual payment or capital loan to the District of Columbia.

§ 4.102-10 Initiation of negotiations.

The date on which the displacing agency makes the first personal contact with the property owner or his representative and furnishes him with a written offer to purchase real property.

§ 4.102-11 Mortgage.

A lien commonly given to secure an advance on, or the unpaid purchase price of, real property under the laws of the State in which real property is located, together with any credit instruments secured thereby.

§ 4.102-12 Owner.

A person who holds fee title, a life estate, a 99-year lease, or an interest in a cooperative housing project which includes the right of occupancy of a dwelling unit, or is the contract purchaser of any such estate or interest, or who is possessed of such other proprietary interest in the property acquired as, in the judgment of the Ad

ministrator, warrants consideration as ownership. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of ownership, not occupancy, of the succeeding owner shall include the tenure of the preceding owner.

§ 4.102-13 Person.

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§ 4.103 Displaced person; qualifications.

(a) Subject to the exceptions of paragraphs (d) and (e) of this section, a person qualifies as a displaced person if, after January 1, 1971, he moves from real property, or moves his personal property from real property, as a result of the acquisition of that real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by EPA or with EPA financial assistance.

(b) A person who moves from real property, or moves his personal property from real property, as a result of the acquisition of, or the written order of the acquiring agency to vacate, other real property on which such person conducts a business or farm operation (and the acquisition of that other real property is for an EPA or EPA-assisted project) is a displaced person solely for the purposes of sections 202(a), 202(b) and 205 of the act. Those sections provide for entitlement to payment for moving and related ex

penses and to relocation assistance advisory services.

(c) A person may qualify as a displaced person regardless of:

(1) Whether the property is acquired by EPA or by a State agency receiving assistance from EPA;

(2) The name or status of the person who acquires or holds fee title to the property; or

(3) Whether EPA funds contribute to the payment for the property, if the property must be acquired for an EPA or EPA-assisted program or project.

(d) A person, other than the former owner or tenant, who enters into rental occupancy of real property after its ownership passes to the displacing agency, does not qualify as a displaced person for purposes of this part.

(e) A person who enters into occupancy of real property after the initiation of negotiations for that property or after the issuance of a notice of intent to acquire that property by a given date, does not qualify as a displaced person for purposes of this part.

§ 4.104 Appeals.

(a) EPA administered projects. Any person aggrieved by a determination made by EPA, in connection with an EPA project or program, concerning the eligibility for, or amount of, any payment to such person under the regulations in this part, may appeal to have his application reviewed by the Administrator. Appeals shall be submitted in writing and addressed to the Administrator, Environmental Protection Agency, Washington, D.C. 20460. No appeal will be considered unless it is received by the Administrator within 90 days of the date of receipt by the person aggrieved of written denial, in whole or in part, of his application for payment. The appeal should include written substantiation. An appeal may be presented by the attorney of the person aggrieved or by the person himself. The Administrator shall promptly issue a decision on the appeal, which decision may either uphold the original determination or allow prompt payment of any amounts which are determined to be due the

claimant. The decision will be in writ ing, and state the facts and law upon which it is based. A copy of the decision will be furnished to the person aggrieved. The decision will constitute the final EPA decision on the application for payment.

(b) EPA-assisted projects. An applicant for a payment under an EPA assisted project who is aggrieved by a displacing agency's determination as to the applicant's eligibility for payment or the amount of the payment may appeal that determination in accordance with the procedures established by the displacing agency. Each displacing agency shall establish procedures for reviewing appeals by aggrieved applicants for payments. The procedures shall insure that:

(1) Each applicant has the opportunity for oral and written presentation and the right to have counsel participate in such presentation;

(2) Each appeal will be decided promptly;

(3) Each appeal decision will include a written statement of the reasons upon which it is based and a copy of such decision will be furnished the appellant;

(4) Prompt payment is made of any amounts which are determined to be due the claimant.

(5) The agency retains all documents associated with each appeal; and

(6) Each appellant applicant has a final appeal to the head of the displacing agency.

§ 4.105 Records.

Each displacing agency shall maintain relocation records in accordance with the requirements of Appendix A to this part and make them available during regular business hours for inspection by the Administrator. The records shall be retained by the agency for at least 3 years after completion of a project.

§ 4.106 Application for benefits.

Application for benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 are to be made within eighteen months from the date on which the displaced person moves from the real

property acquired or to be acquired; or the date the displacing agency makes final payment of all costs of that real property, whichever is the later date. The Administrator may extend this period upon a proper showing of good

cause.

§4.107 Payment not to be considered

income.

Displacing agencies must advise all displaced persons that no payment received under Title II of the Act shall be considered as income for the purposes of the Internal Revenue Code of 1954, or for the purposes of determining eligibility of any person for assistance under the Social Security Act or any other Federal law.

Subpart B-Moving and Related Expenses

§ 4.200 General.

Any displaced person, including one who conducts a business or farm operation, is eligible to receive a payment for moving expense. A displaced person may elect to receive actual reasonable moving and related expenses or a fixed moving expense allowance.

§ 4.201

Payment of actual moving and related expenses.

§4.201-1 Allowable moving expenses.

(a) Transportation of individuals, families, and personal property from the acquired site to the replacement site, not to exceed a distance of 50 miles, except where the displacing agency determines that relocation beyond this 50 mile area is justified.

(b) Packing, unpacking, crating, and uncrating of personal property.

(c) Advertising for packing, crating, and transportation when the displacing agency determines that it is necessary.

(d) Storage of personal property for a period generally not to exceed 12 months when the displacing agency determines that storage is necessary in connection with relocation.

(e) Insurance premiums covering loss and damage of personal property while in storage or transit.

(f) Removal, reinstallation, reestablishment, including such modification

as deemed necessary by the displacing agency of personal property, and reconnection of utilities for machinery, equipment, appliances, and other items, not acquired as real property. Prior to payment of any expenses for removal and reinstallation of such property, the displaced person shall be required to agree in writing that the property is personal and that the displacing agency is released from any payment for the property.

(g) Property lost, stolen, or damaged (not caused by the fault or negligence of the displaced person, his agency or employees) in the process of moving, where insurance to cover such loss or damage is not available.

(h) Such other actual reasonable expenses determined by the Administrator to be allowable and directly attributable to moving because of displacement.

§4.201-2 Limitations.

(a) When the displaced person accomplishes the move himself, the amount of payment shall not exceed the estimated cost of moving commercially, unless the Administrator determines a greater amount is justified.

(b) When an item of personal property which is used in connection with any business or farm operation is not moved but sold and promptly replaced with a comparable item, reimbursement shall not exceed the replacement cost minus the proceeds received from the sale, or the estimated costs of moving, whichever is less.

(c) When personal property which is used in connection with any business or farm operation to be moved is of low value and high bulk, and the cost of moving would be disproportionate in relation to the value, in the judgment of the head of the displacing agency, the allowable reimbursement for the expense of moving the personal property shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market. This provision will be applicable in the case of moving of junk yards, stockpiled sand,

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