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payment if the replacement housing meets the occupancy requirements of decent, safe, and sanitary housing and application for payment is within the prescribed time limits.

§ 4.403 Information for displaced persons.

(a) The displacing agency must deliver to each displaced person either in person or by certified mail, return receipt requested:

(1) A brochure or letter explaining the relocation assistance advisory program; and

(2) If it is not included in the brochure, a notice stating the eligibility requirements for payments for replacement housing and moving expenses.

(3) In addition, if the displaced person is a homeowner or tenant, a written statement setting forth the optional types and the actual amount of replacement housing payments to

which he is entitled.

(b) The information required by paragraph (a) of this section shall be furnished:

(1) To homeowners not later than the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(2) To tenants within 15 days after the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date as the case may be.

(c) The displacing agency shall notify each displaced person of his right to appeal.

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predominant language as well as in English.

§ 4.405 Coordination of relocation activities.

(a) When the displacing agency contemplates displacement in a given area, it shall furnish to the appropriate HUD area office information regarding projects which will cause displacement and shall consult with that office concerning the availability of housing. HUD Regional offices should be used in areas not served by an area office.

(1) A directory of HUD Regional and area offices is provided in Appendix B to this part. Subsequent updated directories can be obtained from the Department of Housing and Urban Development.

(b) Pursuant to the requirements and procedures promulgated by Office of Management and Budget Circular A-95 (Revised), the displacing agency shall consult appropriate local officials through the State clearinghouse.

(c) The displacing agency shall designate at least one representative who will meet periodically with the representatives of other displacing agencies to review the impact of their respective programs on the area.

(d) The displacing agency shall establish channels of communication and coordinate its displacement activities with other agencies planning or carrying out relocation in the affected area. The person assigned by the displacing agency to provide relocation assistance for a particular project shall miantain personal contact and exchange information with welfare agencies, urban renewal agencies, redevelopment authorities, public housing authorities, the Federal Housing Administration, the Veterans Administration, the Small Business Administration and other agencies providing services to displaced persons. He shall also collect and maintain information on private replacement properties in the area of the project through personal contact with real estate brokers, real estate boards, property managers, apartment owners and operators, and home building contractors.

§ 4.406 Contracting for relocation services.

(a) To prevent unnecessary expenses and duplication of activities, an agency that is required to provide relocation services or make relocation payments under this part may carry out any of those functions through the facilities, personnel, and services of a Federal, State, or local governmental or private agency having an established organization for conducting relocation assistance programs.

(b) When a central relocation agency is available in the project area or community, the displacing agency shall consider entering into an agreement with such agency. Regional and area offices of the Department of Housing and Urban Development can provide information concerning relocation service agencies. (Appendix B to this part).

(c) If a central relocation agency is not available or is unable, in the judgment of the displacing agency, to provide the necessary services within the time required, the displacing agency may provide relocation services through contracts with another public agency or a private contractor.

§ 4.406-1 Written agreement required.

If the displacing agency elects to provide relocation services or make relocation payments through another agency, it shall enter into a written agreement with that agency. The agreement must be approved by the Administrator and must contain the following:

(a) An obligation on the part of the other agency to perform the services and make the relocation payments in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and this part.

(b) If the contract is with a public agency administering another Federal or federally assisted program, a description of the financial responsibilities of each program to finance the relocation program required by this part.

(c) A provision acknowledging that only those costs directly chargeable to the EPA or EPA assisted project are eligible for EPA funds.

(d) A provision for negotiation of major changes that become necessary in the scope, character, or estimated total costs of the work to be performed.

(e) Clauses required by EPA regulations implementing Title VI of the Civil Rights Act of 1964 (Pub. L. 88353).

(f) A provision that the records required by Appendix A be retained by the other agency or turned over to the displacing agency and that they be retained for a period of at least 3 years after payment of the final voucher on each project, regardless of which agency retains them.

(g) A provision that the records required by Appendix A to this part be available for inspection by representatives of the Environmental Protection Agency or the General Accounting Office at any reasonable business hour.

(h) Any other provisions required by the Administrator to meet the requirements of EPA regulations and policies applicable to EPA supported projects.

Subpart E-Federally Assisted Projects

Protection

§ 4.500 State agency assurances. The Environmental Agency will not approve a grant, contract, or agreement for an EPA assisted project until the State agency provides the Administrator with satisfactory written assurances that:

(a) For projects resulting in the displacement of any person:

(1) It will adequately inform the public of the relocation payments and services which will be available as set forth in Subparts A, B, C, and D of this part.

(2) It will provide fair and reasonable relocation payments to displaced persons as required by Subparts B and C of this part.

(3) It will provide a relocation assistance program for displaced persons offering services described in Subpart D of this part; and

(4) Comparable replacement dwellings will be available pursuant to Subpart C of this part, or provided if nec

essary, a reasonable period in advance of the time any person is displaced.

(b) For projects resulting in the acquisition of real property:

(1) It will fully comply with the requirements of Subpart F of this part;

and

(2) Adequately inform the public of the acquisition policies, requirements, and payments which will apply to the project.

§ 4.500-1 Inability to provide assurances.

If a State agency is unable to provide the assurances required by § 4.500, for any program or projects that will result in the displacement of any person or the acquisition of any real property, it must furnish the Administrator a statement specifying any provisions of the assurances required by this section which it is unable to provide in whole or in part under the laws of that State. The statement must be supported by an opinion of the Chief Legal Officer of the State agency of the legal inability to provide any part of the required assurances.

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(a) The cost to a State agency of providing the payments and services required by Subparts B, C, and D of this part, and the additional identifiable cost to a State agency of providing the payments and services required by Subpart F of this part, shall be included as part of the cost of the EPA assisted project and, except as provided in paragraph (b) of this section, the State agency is eligible for EPA financial assistance with respect to those costs in the same manner and to the same extent as other project costs.

(b) If EPA assistance is by grant or contribution, the Environmental Protection Agency will pay a State agency the full amount of the first $25,000 of the cost of providing the payments

and services described in this part for any displaced person because of any acquisition or displacement occurring before July 1, 1972.

(c) If the Administrator determines it is necessary for the expeditious completion of a program or project, he may advance to the State agency the EPA share of the cost of any payment of assistance by such State agency pursuant to sections 206, 210, 215, and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

§ 4.503 Use of EPA financial assistance.

(a) The type of interest acquired in real property does not affect the eligibility of related relocation costs for EPA financial assistance provided the interest is sufficient to cause displacement.

(b) EPA financial assistance may not be used to pay a relocated person for any loss that is due to his negligence.

(c) EPA financial assistance may not be used for any payment to a displaced person if that person receives a separate payment which is:

(1) Required by the State law of eminent domain;

(2) Determined by the Administrator to have substantially the same purpose and effect as a payment under this part; and

(3) Otherwise included as a project cost for which financial assistance is available.

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(b) Make every reasonable effort to acquire real property expeditiously through negotiation;

(c) Before the initiation of negotiations have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property;

(d) Before the initiation of negotiations, establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount;

(e) Before requiring any owner to surrender possession of real property the displacing agency will:

(1) Pay the agreed purchase price; or (2) Deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of the property; or

(3) Pay the amount of the award of compensation in a condemnation proceeding for the property.

(f) If interest in real property is to be acquired by exercise of the power of eminent domain, institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and

(g) Offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant.

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In acquiring real property, the displacing agency may not:

(a) Schedule the construction or development of a public improvement that will require any person lawfully occupying real property to move from a dwelling, or to move his business or farm operation, without giving that person at least 90 days written notice of the date he is required to move;

(b) If the displacing agency rents acquired real property to the former owner or tenant for a short term or subject to termination by the agency on short notice, charge rent that is more than the fair rental value of the property to a short-term occupant;

(c) Advance the time of condemnation;

(d) Defer negotiations, condemnation, or the deposit of funds in court for use of the owner; or

(e) Take any coercive action to compel an owner to agree to a price for his property.

§ 4.601-3 Appraisal.

(a) As a general rule only one appraisal will be obtained on each tract, unless the displacing agency determines that circumstances require an additional appraisal or appraisals.

(b) Real property acquisition records shall show that the owner or his designated representative has been given an opportunity to accompany the appraiser during his inspection of the property.

(c) Standards for appraisals used in EPA and EPA assisted programs shall be consistent with the current Uniform Appraisal Standards for Federal Land Acquisition published by the Interagency Land Acquisition Conference, U.S. Government Printing Office, Washington, D.C.

§ 4.602 Statement of just compensation.

At the time it makes an offer to purchase real property, the displacing agency shall provide the owner of that property with a written statement of the basis for the amount estimated to be just compensation. The statement shall include the following:

(a) An identification of the real property and the particular interest being acquired;

(b) A certification, where applicable, that any separately held interest in the real property is not being acquired in whole or in part;

(c) An identification of buildings, structures, and other improvements, including fixtures, removable building equipment, and any trade fixtures which are considered to be part of the real property for which the offer of just compensation is made;

(d) An identification of any real property improvements, including fixtures, not owned by the owner of the land;

(e) An identification of the types and approximate quantity of personal

property located on the premises that is not being acquired;

(f) A declaration that the agency's determination of just compensation:

(1) Is based on the fair market value of the property;

(2) Is not less than the approved appraised value of the property;

(3) Disregards any decrease or increase in the fair market value of the property caused by the contemplated project;

(4) In the case of separately held interests in the real property, includes an apportionment of the total just compensation for each of those interests; and

(g) The amount of damages to any remaining real property.

§ 4.603 Equal interest in improvements to be acquired.

In acquiring any interest in real property each displacing agency shall acquire at least an equal interest in all building, structures, or other improvements located on that real property which will be removed or which will be adversely affected by the completed project.

§ 4.604 Notice to occupants.

(a) Owner-occupants. Simultaneous with the fair market value offer, owner-occupants of real property to be acquired, shall be furnished in writing, by the displacing agency, an explanation of their rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and these regulations.

(b) Tenants. Within 15 days following the initiation of negotiations, the displacing agency shall notify affected tenants and occupants, in writing, of the initiation of negotiations and of their rights under the Act of these regulations.

§ 4.605 Acquisition of improvements.

(a) In the case of a building, structure, or other improvement owned by a tenant on real property acquired for a project to which this part applies, the displacing agency shall, subject to paragraph (b) of this section, pay the tenant the larger of:

(1) The fair market value of the improvement, assuming its removal from the property; or

(2) The enhancement of the fair market value of the real property.

(b) A payment may not be made to a tenant under paragraph (a) of this section unless:

(1) The tenant, in consideration for the payment, assigns, transfers, and releases to the displacing agency all his right, title, and interest in the improvement;

(2) The owner of the land involved disclaims all interest in the improvement; and

(3) The payment is not duplicated by any payment otherwise authorized by law.

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§ 4.607 Litigation expenses.

(a) In any condemnation proceeding brought by the displacing agency to acquire real property, it shall reimburse the owner of any right, title, or interest in the real property for his reasonable cost, disbursements, and expenses, including attorney, appraisal, and engineering fees, actually incurred because of the proceeding, if:

(1) The final judgment is that the displacing agency cannot acquire the real property by condemnation; or

(2) The proceeding is abandoned by the displacing agency concerned.

(b) In any inverse condemnation proceeding where the owner of any right, title, or interest in real property re

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