detail the size and shape of the facility; the kind of flotation device; the proposed mooring locations thereof; whether a marine toilet is on the facility; and the name and mailing address of the owner. TVA shall be kept advised of any changes in the kind of flotation devices which may be made by the applicant after approval is granted. Plans described in this section shall be in lieu of the plans specified in § 304.103(a).

(c) If the proposed mooring location is outside the designated harbor limits of a commercial boat dock, the application and plans shall be accompanied by evidence satisfactory to TVA showing that the applicant is the owner or lessee of the abutting property at the proposed mooring location, or the licensee of such owner or lessee.

(d) Applications for new floating boathouses will be disapproved if the plans provide for toilets, living or sleeping quarters, or enclosed spaces with more than 25 square feet of floor space, not including walkways around boat wells or mooring slips. Such walkways shall not exceed 4 feet in width unless, in the sole judgment of the Director, the size of the well or slip justifies a greater width. A new floating boathouse or part thereof shall not be deemed "enclosed" solely because of plans providing for the use of wire mesh or similar screening which leaves the interior of the structure open to the weather, and nothing contained in this subsection shall be construed as prohibiting enclosure of the boat well or mooring slip proper. Plans for any new floating boathouses will also be disapproved if the proposed flotation device includes metal drums in any form.

(e) Applications for mooring outside designated harbor limits will be disapproved if TVA determines that such proposed mooring location will be contrary to the intent of this subpart, of § 304.2, or of any applicable law. Applications will also be disapproved if marine toilets not in compliance with § 304.4 are proposed.

(f) Approvals of applications shall contain such conditions as may be required by law and may contain such other conditions as TVA determines to

be necessary or desirable to carry out the intent of this subpart, this part or other applicable law. Included, without limitation, among such conditions are conditions relating to the mooring of houseboats and floating boathouses at locations outside the designated harbor limits of commercial boat docks. Strict compliance with all conditions will be required.

[36 FR 20424, Oct. 22, 1971; 36 FR 22901, Dec. 2, 1971, as amended at 42 FR 65149, Dec. 30, 1977]

§ 304.206 Numbering and transfer of approved facilities.

(a) Upon approval of an application concerning a nonnavigable houseboat or floating boathouse, TVA will assign a number to such facility. The owner of the facility shall paint such number on, or attach a facsimile thereof to, a readily visible part of the outside of the facility in letters not less than three (3) inches high. The placement of such number shall be consistent with the requirements of any State or Federal law or regulation concerning numbering of watercraft.

(b) The transferee of any floating boathouse or nonnavigable houseboat approved pursuant to this part and which, after transfer, remains subject to this part, shall promptly report such transfer to TVA. A facility moored at a location approved pursuant to this part shall not be moored at a different location without prior approval of such location by TVA under this subpart, except for transfers of location to or between mooring facilities provided by commercial dock operators within the designated harbor limits of their docks.

[36 FR 20424, Oct. 22, 1971; 36 FR 22901, Dec. 2, 1971, as amended at 42 FR 65149, Dec. 30, 1977]

Sec.

305.5 Mini-bike areas at family campgrounds as designated.

305.6 Enforcement.

AUTHORITY: 16 U.S.C. 831-831dd. Sections 305.1 to 305.6 also issued under 42 U.S.C. 4321 and E.O. 11644, 37 FR 2877.

SOURCE: 38 FR 5458, Mar. 1, 1973, unless otherwise noted.

Subpart A-Use of Motorized Vehicles

§ 305.1 Motor vehicles generally.

All properly licensed motor vehicles may be operated on paved, graveled, or graded roads unless otherwise posted or gated or barricaded, and on other roads if specifically authorized in writing by an authorized Land Between the Lakes official. Driving in woods or fields or on foottrails or utility rights of way is prohibited, except as authorized in §§ 305.3-305.5. Drivers must hold a valid State operator's license to drive on improved roads. All vehicles must be equipped with properly functioning mufflers. Maximum speed within Land Between the Lakes is 35 miles per hour or less if so posted, except on the Trace and U.S. Highway 68, where a maximum speed of 60 miles per hour is permitted unless posted for reduced speeds.

§ 305.2 Motorcycles.

Motorcycles of all types shall be equipped with properly functioning spark arresters. Safety requirements for motorcycle riders on improved roads are safety helmets and protective eyewear.

§ 305.3 Off-road vehicles.

Except for operation as authorized in § 305.1, off-road vehicles, including trail bikes and mini-bikes, may be operated only within the posted boundaries of areas designated by TVA for this purpose during daylight hours, in accordance with posted regulations, and at the sole risk of the operator. TVA recommends that off-road vehicle riders follow all safety practices recommended by the American Motorcycle Association regarding safety helmets, heavy shoes, protective clothing,

and protective shatterproof eyewear. All vehicles shall be equipped with properly functioning mufflers, and motorcycles with spark arresters. No vehicles emitting an unusually loud noise may be operated in such areas. All operation of such vehicles shall be in full compliance with applicable State laws. If such laws permit operation within such areas without registration and licensing, any unlicensed bikes must be transported to the

areas.

§ 305.4 Major off-road vehicle areas.

(a) Off-road vehicles of all kinds, including trail bikes and mini-bikes, may be operated within the posted boundaries of major off-road vehicle areas, which include trails, camping space, unloading ramps, and sanitary facilities. The only area presently so designated is the Turkey Bay Off-Road Vehicle Area, a 2,500-acre tract reached by a drive running west off the Trace approximately 24 miles south of the U.S. Highway 68 overpass.

(b) Off-road vehicles may be operated in these areas from 8 a.m. until 30 minutes before sundown. Motors must be off at all other times except for the purpose of entering or leaving the

area.

(c) The areas will not be made available for competitive events sponsored by any organized riding groups.

(d) All one-way and other directional signs on trails shall be strictly observed.

(e) Signs designating cemeteries, experimental plantings, and other portions of these areas as off limits to riders shall be strictly observed.

(f) All garbage and other debris must be placed in containers provided.

(g) Riders and campers in the areas shall not harass or otherwise disturb other persons or wildlife in any way.

§ 305.5 Mini-bike areas at family campgrounds as designated.

(a) Mini-bikes and small trail bikes may be ridden on marked trails and within posted boundaries in areas designated for that purpose at family campgrounds. Such areas are presently designated at the Piney and Hillman Ferry campgrounds.

Sec.

306.16 Relocation assistance advisory services under section 205 of Pub. L. 91-646. 306.17 Federally assisted programs. 306.18 Uniform real property acquisition policy.

306.19 Surrender of possession.

306.20 Rent after acquisition.

306.21 Tenants' rights in improvements. 306.22 Expense of transfer of title and proration of taxes.

306.23 Administrative review.

AUTHORITY: 48 Stat. 58, as amended (16 U.S.C. 831-831dd).

SOURCE: 38 FR 3592, Feb. 8, 1973, unless otherwise noted.

Subpart A-Regulations and Procedures

§ 306.1 Purpose.

The purpose of the regulations and procedures in this Subpart A is to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91646, 84 Stat. 1894 (42 U.S.C. 4601) and the guidelines therefor in Attachment A to OMB Circular No. A-103, of May 1, 1972.

§ 306.2 Persons eligible for benefits.

(a) Those eligible for benefits under these regulations are those persons, including individuals, partnerships, corporations, or associations, who on or after January 2, 1971, move from real property, or move their personal property from real property, as a result of TVA's acquisition of such real property, or move as the result of a written notice, served personally or by certified (or registered) first-class mail, from TVA to vacate real property. Also eligible, but only for payment of moving and reiated expenses as provided in §§ 306.5-306.7 and for relocation assistance advisory service as provided in § 306.16, are those persons who move as a result of TVA's acquisition of or as the result of a written notice from TVA to vacate other real property, on which any such person conducts a business or farm operation.

(b) In order to qualify for benefits under these regulations either of two conditions must be met:

(1) The person must have moved (or moved his personal property) as a result of the receipt of a written notice to vacate which may be given before or after initiation of negotiations for acquisition of the property, or

(2) The property must in fact, have been acquired and the person must have moved as a result of its acquisition.

(c) A displaced person may not be paid for more than one move in relation to a single project unless the Chief of TVA's Land Branch of the Di-, vision of Property and Supply finds it' to be equitable to pay for a subsequent move and gives approval for such payment prior to the subsequent move.

(d) Multiple occupancy of a dwelling shall be treated as a single occupancy in applying replacement housing benefits, except that each family in a dwelling shall be considered separately for such benefits, and individuals may be entitled to receive moving and related expenses. The term "family" refers to all persons living together who are related either by blood, law, guardianship, or adoption.

§ 306.3 Assurance of adequate replacement housing prior to displacement. Prior to proceeding with any phase of a project which phase will cause the displacement of any person, the Chief of TVA's Land Branch will determine that, within a reasonable period of time prior to displacement, there will be available on a basis consistent with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, 82 Stat. 81 (42 U.S.C. 3601), decent, safe, and sanitary dwellings, as described in § 306.4, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their places of employment. Such dwellings should be in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents and prices within the financial means of the families and individuals displaced. Such determination will be based on a current survey and analysis of available replacement housing which takes into account the competing demands on available housing.

When the survey and analysis indicates a need for new replacement housing, the Division of Navigation Development and Regional Studies will assist Land Branch in securing such housing through coordination with appropriate Federal agencies and local and regional housing authorities, or, if necessary, in developing this capability.

§ 306.4 Definition of decent, safe, and sanitary dwellings.

A decent, safe, and sanitary dwelling is one which is found to be in sound, clean, and weather-tight condition, and which meets local housing codes for the type of dwelling. If there are no applicable local housing codes, a housekeeping unit must include a kitchen with fully usable sink; a stove or connections for same; a separate complete bathroom; hot and cold running water in both the bathroom and kitchen; an adequate and safe wiring system for lighting and other electrical services; and heating as required by climatic conditions and regional housing codes. A nonhousekeeping unit should meet local standards customary for boarding houses, hotels, or other congregate living in the area. Any dwelling unit considered suitable as replacement housing should be reasonably convenient to such community facilities as schools, stores, and public transportation. Adjustments may be made only in cases of unusual circumstances or in unique geographic

areas.

§ 306.5 Moving and related expenses allowable under section 202(a) of Public Law 91-646.

(a) Upon receipt by TVA of a proper application from any displaced person who is eligible and elects to receive the benefits of section 202(a) of Public Law 91-646, TVA will reimburse the displaced person for expenses incurred by him in moving as follows:

(1) Transportation of himself, his family, and their personal property from the acquired site to the replacement site, not to exceed a distance of 50 miles, unless the Chief of TVA's Land Branch determines that reloca

(2) Packing and unpacking, crating and uncrating, of personal property. (3) Storage of personal property for a period not to exceed 12 months when approved in advance by the Chief of TVA's Land Branch as necessary pending availability of a replacement dwelling.

(4) Insurance premium paid to cover loss and damage of personal property while in storage or transit.

(5) Removal and reinstallation of machinery, equipment, appliances, and other items, not acquired by TVA in the purchase of or as real property. Prior to payment under this subparagraph, the displaced person shall agree in writing that the property is personalty and that TVA is released from any payment for the property.

(6) An amount not to exceed the estimated cost of moving commercially, if the displaced person accomplishes the move himself.

(7) Expenses, not to exceed $500, unless the Chief of TVA's Land Branch determines that a greater amount is justified, in searching for a replacement business or farm as follows:

(i) Actual travel costs.

(ii) Extra costs for meals and lodging.

(iii) Time spent in searching at the rate of the displaced person's salary or earnings, not to exceed $10 per hour.

(iv) Broker or realtor fees in locating a replacement business or farm operation, provided the Chief of TVA's Land Branch has approved such employment in advance.

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

Branch, 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 is applicable in such cases as the moving of junk yards, stockpiled sand, gravel, minerals, metals, and similar items of personal property.

(d) If the cost of moving or relocating an outdoor advertising display is determined to be equal to or in excess of the in-place value of the display, TVA may at its option acquire such display as a part of the real property.

(e) In the case of a business or farm operation, if the displaced person does not move the personal property he shall be required to make a bona fide effort to sell it and will be eligible for reimbursement for the reasonable cost incurred. If the personal property is sold and the business or farm operation is reestablished, the displaced person is entitled to payment provided in paragraph (b) of this section. If the business or farm operation is discontinued, the displaced person is entitled to the difference between the in-place value of the personal property and the sale proceeds, but in no event shall such payment exceed the cost of moving 50 miles. If the personal property is abandoned, the displaced person is entitled to payment for the difference between the in-place value and the amount which would have been received from the sale of the item, but in no event shall such payment exceed the cost of moving 50 miles. The cost to TVA in removing abandoned personal property shall not be considered as an offsetting charge against payments to the displaced person.

§ 306.6 Exclusions on moving expenses and losses.

Reimbursement for moving expenses shall not include the following:

(a) Additional expenses incurred because of living in a new location.

(b) Cost of moving structures, improvements, or other real property in