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determination pursuant to $ 2.106 is required, inform the requesting party of where the records may be inspected and, if ascertainable, of the charge for furnishing copies; or
(b) Inform the requesting party that the search for the requested records is continuing, and advise him of the anticipated date of completion of the search, and of any necessary subsequent extensions of such date, at which time (but in no event later than 30 days after receipt of a request for records) the provisions of the appropriate paragraph of this section will be promptly followed; or
(c) Inform the requesting party that the records sought are in the possession of another Government agency; refer the request to the office in such other agency where the records may be found; and notify the requesting party of such referral; or
(d) Inform the requesting party that the records requested do not exist, to the best knowledge of the receiving office; or
(e) Inform the requesting party that the records requested have been published in the FEDERAL REGISTER, or in any other generally available publication, and furnish the citation to such publication and the place or places where it may be obtained; or
(f) Inform the requesting party that disclosure of all or part of the records requested is under review pursuant to § 2.106, and promptly forward the request in accordance therewith: Provided, That with respect to any part of the records requested which is not subject to review pursuant to $ 2.106, action shall be taken promptly under the appropriate paragraph of this section; or
(g) Furnish such other information or take such other action as is appropriate; and
(h) Advise the EPA Office of Public Affairs of the action taken. § 2.105 Exemptions.
(a) Exempt information. Records may be exempt from disclosure, pursuant to 5 U.S.C. 552(b), when they pertain to matters that are:
(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;
(2) Related solely to the internal personnel rules and practices of an agency;
(3) Specifically exempted from disclosure by statute;
(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;
(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;
(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
(9) Geological and geophysical information and data, including maps, concerning wells.
(b) Procedures. The office responsible for maintaining the records requested will make a preliminary evaluation to determine whether they are exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b). Whenever it is determined that the records requested are or may be exempt, such office will promptly forward a copy or a description of the records requested, together with a brief statement of its position with reference to the applicability of an exemption, and a request for a determination, to the Office of the General Counsel at EPA headquarters, or to the Regional Counsel for the region in which the records are located, and, if the information contained in the records requested was obtained from a person other than EPA, will give notice of the request to such other person. $ 2.106 Determinations by the Office of
the General Counsel or a Regional
Counsel. (a) General. Not later than 10 working days after receipt of a request for a determination, the Office of the General Counsel or Regional Counsel:
(1) Will advise the office requesting the determination to release the records requested, if no exemption pursuant to 5 U.S.C. 552(b) is found applicable; or
(2) Will advise the office requesting the determination not to release the records requested, if disclosure is prohibited by law; or
(3) Will, if it is found that an exemption pursuant to 5 U.S.C. 552(b) is applicable, but that disclosure is not prohibited by law, forward to the EPA Office of Public Affairs the entire file, with an opinion as to the applicability of a statutory exemption; and,
(4) Will, if the information contained in the requested records was obtained from a person other than EPA, advise such other person of the action taken pursuant to this section.
(b) Consultation. A determination by a Regional Counsel under paragraph (a) of this section will be made only after consultation with the Office of the General Counsel. $ 2.107 Determinations by the Office of
Public Affairs. Not later than 10 working days after receipt of an opinion from the Office of the General Counsel or a Regional Counsel pursuant to $ 2.106(a) (3) as to the applicability of an exemption under 5 U.S.C. 552(b), the Office of Public Affairs will determine whether the records requested should be made available in the public interest, notwithstanding the applicability of an exemption, and will
(a) Order the disclosure of the records requested, or
(b) Notify the requesting party in accordance with $ 2.109 that the records requested will not be disclosed. $ 2.108 Creation of records.
Documents will not be created by compiling selected items from other documents at the request of a member of the public, nor will records be created to provide the requesting party with data such as ratios, proportions, percentages, frequency distribution, trends, correlations, or comparisons. § 2.109 Denial of requests for records.
(a) General: If it is determined pursuant to this part that requested records will not be provided, the EPA office responsible for maintaining the requested records (or, in the event a determination has been made under $ 2.107(b), the Office of Public Affairs will notify the requesting party in writing that the request has been denied. A written denial of a request for information will contain a brief explanation of the statutory basis for nondisclosure, and will state that judicial review is available in the U.S. District Court for the
district in which the requesting party resides or has his principal place of business, or in which the records sought are located.
(b) If EPA shall fail to grant or to deny in writing a request within 90 days following its receipt, the requesting party may regard such failure as final EPA action denying the request, and will be entitled to pursue his remedy in the courts as provided by 5 U.S.C. 552(a) (3). § 2.110 Copies of documents.
If it is determined that records requested may be disclosed, the requesting party will be entitled to copies. However, records shall not be released for copying by non-EPA personnel. When a determination not to disclose a portion of records requested has been made, records will be masked for copying of nonexempt portions of the documents. § 2.111 Payment.
(a) Charges. Fees will be charged for copies of records which are furnished to a person under this part and for time spent in locating and reproducing them, in accordance with a fee schedule maintained and revised by the Office of Public Affairs. No fee will be charged for time spent in processing of any request for information, nor will any fee be charged for periods of less than one-half hour spent in connection with a search for records. For the purposes of this section, "processing” shall include all time spent in generating correspondence related to a request and in making determinations under $ $ 2.106 and 2.107.
(b) Prepayment. In the event pending requests under this part from the same requesting party would require the payment of fees in excess of $10, such records will not be made available, nor copies of such records furnished unless the requesting party first submits payment in the total amount due; or, if not ascertainable, in the approximate amount that would become due upon compliance with the request, as determined by the Office of Public Affairs or by the office complying with the request. In the event an advance payment hereunder shall differ from the amount of the fees actually due, an appropriate adjustment will be effected at the time the copies requested are delivered.
(c) Waiver. The Office of Public Affairs or the office complying with the request may waive the payment of fees, if such waiver would be in the public interest.
PART 3-EMPLOYEE RESPONSIBILITIES AND CONDUCT Sec. 3.735–101 Adoption of regulations. 3.735–102 Counselor and deputy counselors. 3.735–103 Statements of employment and
financial interests. 3.735–104 Disciplinary and other remedial
action. 3.735-105 Gifts, entertainment, and favors. 3.735–106 Outside employment. 3.735–107 Specific provisions of agency reg
ulations governing special Gov
ernment employees. AUTHORITY: The provisions of this Part 3 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1964-1965 Comp., p. 306; 5 CFR § 735.101 et seq.
SOURCE: The provisions of this part 3 appear at 36 F.R. 22369, Nov. 25, 1971, unless otherwise noted. $ 3.735–101 Adoption of regulations.
Pursuant to 5 CFR § 735.104(f), the Environmental Protection Agency (referred to hereinafter as the Agency) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: Sections 735.101–735.102, 735.2012, 735.202 (a), (d)-(f), 735.203–735.210, 735–302, 735.303(a), 735.304, 735.305(a), 75.403 (a)-(c), 735.403a, 735.404-735.411. These adopted sections are modified and supplemented as set forth in this part. $ 3.735–102 Counselor and Deputy
Counselors. (a) The Deputy General Counsel shall serve as the Counselor required to be appointed pursuant to 5 CFR § 735.105. The Counselor shall perform the functions described in 5 CFR § 735.105 and those described in $ 3.735–103, relating to statements of employment and financial interests.
(b) The Deputy Counselors required to be appointed pursuant to 5 CFR § 735.105 shall be the Assistant Administrators, Deputy Assistant Administrators, Regional Administrators, and other office heads reporting directly to the Administrator or the Deputy Administrator. The Deputy Counselors shall perform the functions described in 5 CFR § 735.105 and those set forth in § 3.735–103, relating to statements of employment and financial interests.
$ 3.735-103 Statements of employment
and financial interests. (a) Employees required to submit statements of employment and financial interests under 5 CFR 8 735.403 (a)-(c) shall be advised in writing of that requirement.
(b) Any employee aggrieved by the requirement that he submit a statement of employment and financial interests pursuant to paragraph (a) of this section shall have the opportunity to demand review of such requirement, in accordance with such grievance procedures as may from time to time be established by the Administrator.
(c) Each statement of employment and financial interest required under this part shall be submitted for the review of the Deputy Counselor to whose office the reporting employee is permanently assigned, except that statements of employment and financial interest of employees in the immediate office of the Administrator and those of the Deputy Counselors shall be submitted for the review of the Counselor.
(d) When the review described in paragraph (c) of this section indicates a conflict between the interests of an employee or special Government employee of the Agency and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the reviewing official shall forward a written report on the indicated conflict to the Administrator through the Counselor. $ 3.735–104. Disciplinary and other re
medial action. An employee or special Government employee of the Agency who violates any of the regulations in this part or adopted under $ 3.735–101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:
(1) Changes in assigned duties; . (e) The reporting requirement for
(2) Divestment by the employee or special Government employees estabspecial Government employee of his lished by this section may be waived by interest; or
the Administrator subject to 5 CFR (3) Disqualification for a particular $ 735.412(c). assignment. 8 3.735_105 Gifts, entertainment, and PART 4-INTERIM REGULATIONS favors.
AND PROCEDURES FOR IMPLEThe Agency authorizes the exceptions MENTING THE UNIFORM RELOCAto 5 CFR 8735.202(a) set forth in 5 CFR TION ASSISTANCE AND REAL § 735.202(b) (1)-(4).
PROPERTY ACQUISITION POLICIES $ 3.735-106 Outside employment.
ACT OF 1970 An employee of the Agency may en
Subpart A—General gage in outside employment or other out Sec.
4.1 Purpose and policy. side activity not incompatible with the
4.3 Definitions. full and proper discharge of the duties
4.5 Applicability. and responsibilities of his Government
4.7 Displaced person; qualifications. employment. An employee who engages in 4.11 Comparable replacement dwelling; outside employment shall report that fact
requirements. in writing through channels to the ap 4.13 Decent, safe, and sanitary dwelling; propriate deputy counselor designated by
requirements. § 3.735-102.
4.17 Decent, safe, and sanitary rental
sleeping rooms; requirements. $ 3.735-107 Specific provisions of 4.19 Records. agency regulations governing special
Subpart B-Requirements for Federal Projects Government employees.
4.31 Scope. (a) Special Government employees, as
4.33 Determinations; displacement of defined in 5 CFR § 735.102(e), of the
persons. Agency shall adhere to the standards of
4.35 Determinations; acquisition of real conduct applicable to employees as set
property. forth in this part and adopted under 4.37 Appeals. $ 3.735–101, except for that set forth in
4.39 State agency providing real property 5 CFR § 735.203(b).
for a Federal project. (b) Special Government employees of Subpart C--Requirements for Federally Assisted the Agency may teach, lecture, or write
4.51 Scope. in a manner not inconsistent with 5 CFR
4.53 State agency required to submit re§ 735.203(c).
location plan and statement of re(c) Pursuant to 5 CFR § 735.305(b),
4.55 Prerequisites to EPA approval of Fed. the Agency authorizes the same excep
eral financial assistance to project tions concerning gifts, entertainment,
or project phase; displacement. and favors for special Government em
4.57 Assurances required; acquisition of ployees as are authorized for employees
real property. by $ 3.735–105.
4.59 Use of Federal financial assistance.
4.61 Federal share of costs. (d) Each special Government em
4.63 Appeals. ployee shall, not later than the time of
4.65 Retroactive effect. his employment, submit a statement of 4.67 Required amendment of existing employment and financial interests as
grants, etc. provided in $ 3.735-103, such statement Subpart D- Relocation Assistance Advisory to include:
Programs (1) All other employment; and
4.71 Scope. (2) The financial interests of the spe
4.73 Extension of services to adjacent occucial Government employee which the
4.75 Relocation programs; general requireCounselor shall determine are relevant
ments. in the light of the duties to be performed 4.77 Organizational requirements. by such special Government employee. 4.79 Coordination with other agencies.
Sec. 4.81 Public information; general. 4.83 Public information; hearings. 4.85 Public information; brochure. 4.87 Public information; announcements. 4.89 Public information; notices. 4.91 Waiver of public information require
ments. 4.93 Information for displaced persons.
Subpart E-Moving and Related Expenses 4.111 Scope. 4.113 Eligibility not dependent on length
of occupancy. 4.115 Payment limited to one move; ex
ception. 4.117 Family treated as person. 4.119 Noneligibility notice to rental occu
pants required. 4.121 Moving expenses; application and
payment. 4.123 Exclusions. 4.125 Moving expenses; occupants of
dwellings. 4.127 Moving expenses; businesses and farm
operations. 4.129 Moving expenses; advertising busi
nesses. 4.131 Low value, high bulk property; busi
nesses and farm operations. 4.133 Actual direct losses; businesses and
farm operations. 4.135 Expenses in searching for replace
ment business or farm operations. Subpart F-Fixed Allowance in Lieu of Moving
and Related Expenses 4.151 Scope. 4.153 Schedule of moving expense allow
ances; occupants of dwellings. 4.155 Dislocation and moving expense al
lowances; occupants of dwellings. 4.156 Family treated as person. 4.157 Application and payment. 4.159 Fixed allowance; businesses. 4.161 Fixed allowance; farm operation. 4.163 Computing average annual net in
come; businesses and farm opera
tions. Subpart G-Replacement Housing Payments 4.171 Scope. 4.173 Purchase of a decent, safe, and sani
tary dwelling. 4.175 Occupancy. 4.177 Inspection of replacement dwelling
required. 4.179 Application and payment. 4.181 Eligibility. 4.183 Replacement housing payment; pur.
chase price. 4.185 Replacement housing payments; rent
and down payments. 4.187 Rules for considering land values. 4.189 Limitations; payment for purchase
price. 4.191 Reasonable cost of comparable re
placement dwelling. 4.193 Owner retention.
Sec. 4.195 Increased interest costs. 4.197 Incidental expenses. 4.199 Computation of rental payments;
tenants. 4.201 Computation of rental payments;
homeowners. 4.203 Determining reasonable monthly rent. 4.205 Rental payments; method of
payment. 207 Computation of down payments. 4.209 Down payments. 4.211 Provisional payment pending con
demnation. 4.213 Combined payments. 4.215 Partial use of home for business or
farm operation. 4.217 Multiple occupants of a single
dwelling. 4.219 Multifamily dwelling. 4.221 Certificate of eligibility pending pur
chase of replacement dwelling. Subpart H_Relocation Assistance Functions
Carried Out Through Other Agencies 4.231 Authority to carry out relocation as
sistance through other agencies. 4.233 Interagency agreement required. 4.235 Amendment of existing agreements
required. Subpart |--Acquisition of Real Property 4.251 Scope. 4.253 Real property acquisition practices. 4.255 Statement of just compensation to
owner. 4.257 Equal interest in improvements to be
acquired. 4.259 Payments to tenants for improve
ments. 4.261 Expenses incidental to transfer of
title. 4.263 Litigation expenses. Appendix A-Records.
AUTHORITY: The provisions of this Part 4 issued under sec. 213, 84 Stat. 1900.
SOURCE: The provisions of this part 4 appear at 36 F.R. 22370, Nov. 25, 1971, unless otherwise noted.
Subpart A—General § 4.1 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 federally assisted 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