application for payment. The appeal should include written substantiation of the appeal. An appeal may be presented by the attorney of the person aggrieved or by the person himself. The Administrator or his designated representative shall promptly issue a decision on the appeal, which decision may either uphold the original determination or allow the claimed relief in whole or in part. The decision shall be reduced to writing, and shall state the facts and law upon which it is based. A copy of the decision shall be furnished to the person aggrieved. The decision shall constitute the final EPA decision on the application for payment.

§ 4.39

State agency providing real property for a Federal project.

(a) Whenever a State agency is obligated to provide the necessary real property incident to a Federal project, the Environmental Protection Agency may not accept that real property until it is determined that the State agency has carried out all the requirements of this subpart. However, until July 1, 1972, this section is applicable to a State agency only to the extent that agency is able to meet the requirements of this subpart under State law.

(b) The cost to a State agency of providing the payments and services required by this subpart shall be paid in the same manner and to the same extent as the cost of the real property acquired for the project. However, until July 1, 1972, the Environmental Protection Agency will pay a State agency the full amount of the first $25,000 of the cost of providing payments and services for any displaced person.

Subpart C-Requirements for
Federally Assisted Projects

§ 4.51 Scope.

This subpart prescribes requirements governing the administration of real property acquisition and relocation assistance for displaced persons for projects which are part of a federally assisted program administered by the Environmental Protection Agency. § 4.53 State agency required to submit relocation plan and statement of relocation procedure.

(a) As part of its application for Federal financial assistance for any project which will entail the displacement

of any person, a State agency shall submit a relocation plan to EPA. The relocation plan shall include:

(1) An inventory of the characteristics and needs of persons to be displaced. This inventory may be based upon a representative sampling process rather than a complete occupancy

survey.

(2) An estimated inventory of currently available comparable replacement dwellings.

(3) Identification of any phase of the project which will require the displacement of any person.

(4) An analysis of the information required by subparagraphs (1), (2), and (3) of this paragraph which

(i) Discusses relocation problems and possible solutions;

(ii) Provides an analysis of Federal, State, and community programs currently in operation in the project area which will affect the availability of housing;

(iii) Provides information on concurrent displacement and relocation by other governmental agencies or private concerns;

(iv) Describes the methods to be used to relocate displaced persons; and

(v) Explains the amount of lead time necessary to carry out a timely, orderly, and humane relocation program.

(b) Before beginning any phase of a project receiving Federal financial assistance, which phase will require the displacement of any person, a State agency shall submit to EPA a complete statement of the procedure it will follow in furnishing relocation services and making payments. The statement shall include:

(1) A declaration of understanding that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and this regulation, are applicable to federally assisted projects including those projects on which real property acquisition is financed by State money, but where Federal financial assistance will be used in construction.

(2) A description of procedures to be used to provide public information through brochures, public hearings, newspapers, radio, television, and other means of available assistance and payments to displaced persons. A copy of brochures shall be appended.

(3) A description of the moving expense payments to which displaced persons are entitled and the methods em

ployed in determining the amount of entitlement. Schedules shall be appended where applicable.

(4) A description of the incidental transfer expenses that are payable. A copy of a typical closing statement indicating those payments shall be appended.

(5) A description of the appeal procedures that are available to displaced persons.

(6) A copy of all forms developed to carry out the relocation program.

(7) A current survey and analysis of available replacement housing and of competing demands for such housing. § 4.55 Prerequisites to EPA approval of Federal financial assistance to project or project phase; displacement. (a) Except as provided in paragraph (c) of this section, EPA will not approve a grant, contract, or agreement for a Federally assisted project to which this part applies which will result in the displacement of any person until the State agency has complied with § 4.53 (a) and until the head of the State agency provides the Administrator with satisfactory written assurances that:

(1) It will provide fair and reasonable relocation payments to displaced persons as required by Subparts E, F, and G of this part;

(2) It will provide relocation assistance programs for displaced persons offering the services described in Subpart D of this part;

(3) It will adequately inform the public of the relocation payments and services which will be available under Subparts D, E, F, and G of this part; and

(4) Comparable replacement dwellings will be available, or provided if necessary, a reasonable period in advance of the time any person is displaced.

(b) Except as provided in paragraph (c) of this section, EPA will not authorize a State agency to proceed with any phase of a Federally assisted project if that phase will cause the displacement of any person until the State agency has complied with § 4.53 (b) and until the head of the State agency provides the Administrator with satisfactory written assurances that:

(1) Based on a current survey and analysis of available replacement housing and in consideration of competing demands for that housing, comparable replacement dwellings will be available a

reasonable period of time prior to displacement, sufficient in number for the displaced persons who require them; and

(2) The State agency relocation procedures are realistic and are adequate to provide orderly, timely, and efficient relocation of displaced individuals and families to comparable replacement dwellings with minimum hardship to those affected.

(c) Until July 1, 1972, the requirements of paragraphs (a) and (b) of this section and the requirements of § 4.53 are applicable to a State agency only to the extent that agency is able under State law to comply with paragraphs (a) and (b) of this section.

(d) If a State agency maintains that it is legally unable to provide the assurances required by paragraphs (a) and (b) of this section, it shall furnish the Administrator a statement specifying any provisions of the relocation assistance assurances required by this section which it is unable to provide in whole or in part under the laws of that State, and an opinion of its chief legal official discussing the issues involved and citing legal authorities in support of the conclusions for each representation of legal inability to provide any part of the required assurances.

§ 4.57 Assurances required; acquisition of real property.

(a) EPA will not approve a grant, contract, or agreement for a federally assisted project to which this part applies and which will result in the acquisition of real property until the head of the State agency concerned provides the Administrator with satisfactory assurances that it will

(1) Fully comply with the requirements of subpart I of this part; and

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

However, until July 1, 1972, the requirements of this paragraph are applicable to a State agency only to the extent that agency is able to comply with this paragraph under State law.

(b) If a State agency maintains that it is legally unable to provide the assurances required by paragraph (a) of this section, it shall furnish the Administrator a statement specifying any provisions of the relocation assistance assurances required by this section which it is unable to provide in whole or in

part under the laws of that State, and an opinion of its chief legal official discussing the issues involved and citing legal authorities in support of the conclusions for each representation of legal inability to provide any part of the required assurances.

§ 4.59 Use of Federal financial assist

ance.

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

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

(c) Federal financial assistance may not be used for any payment under this part 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 Federal financial assistance is available.

§ 4.61

Federal share of costs.

(a) The cost to a State agency of providing the payments and services required by Subparts A through H of this part, and the additional, identifiable cost to a State agency of providing the payments and services required by Subpart I of this part, shall be included as part of the cost of the federally-assisted project and, except as provided in paragraphs (b) and (c) of this section, the State agency is eligible for Federal financial assistance with respect to those costs in the same manner and to the same extent as other project costs.

(b) If Federal financial 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 Federal financial assistance is by loan, the Environmental Protection Agency will loan 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. § 4.63 Appeals.

(a) An applicant for a payment under this subpart 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 under paragraph (b) of this section.

(b) Each displacing agency shall establish procedures for reviewing appeals by aggrieved applicants for payments under this subpart. The procedures shall insure that

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

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

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

In the case of any project phase, grant, contract, or agreement approved by EPA prior to October 1, 1971, which will involve or has involved displacement of any person or acquisition of real property, after January 1, 1971, and prior to October 1, 1971, the State agency concerned shall:

(a) Comply with the provisions of this subpart providing payments or other benefits to persons as soon as possible; and

(b) Comply with the provisions of this subpart requiring submission of information or assurances to EPA, no later than November 1, 1971.

§ 4.67 Required amendment of existing grants, etc.

Any grant to, or contract or agreement with, a State agency executed before the date of publication of this part, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result

in the displacement of any person on or after January 2, 1971, shall be amended to include the cost of providing payments and services under this subpart and subpart I of this part. If the Administrator determines it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payment or 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.

Subpart D-Relocation Assistance Advisory Programs

The displacing agency shall carry out a relocation assistance advisory program. The program shall provide for—

(a) Explaining to displaced persons the relocation assistance and payments that are available;

(b) Assisting displaced persons to complete applications required for payments;

(c) Determining the needs of displaced persons for relocation assistance;

(d) Informing displaced persons as to the availability and costs of comparable replacement dwellings and comparable locations for displaced business and farm operations;

(e) Assisting each displaced person to obtain and move to a comparable replacement dwelling;

(f) Informing displaced persons as to Federal and State housing programs; and

(g) Providing counsel and advice to displaced persons that will minimize the hardships associated with adjusting to a new location.

§ 4.77 Organizational requirements.

The organization and procedures of the displacing agency for carrying out a relocation assistance advisory program shall include provisions for:

(a) Assigning at least one person whose primary responsibility is to provide relocation assistance for one or more projects.

(b) Establishing a local relocation office for each project where the agency determines that the volume of work or the needs of the displaced persons so require.

(c) Maintaining and providing the following information for each project:

(1) Lists of replacement dwellings available to persons without regard to race, color, religion, or national origin drawn from various sources, suitable in price, size, and condition for displaced persons.

(2) Current information as to security deposits, closing costs, typical down payments, interest rates, and terms for residential real property in the area.

(3) Maps showing the location of schools, parks, playgrounds, shopping, and public transportation routes in the area.

(4) Schedules and costs of public transportation in the area.

(5) Copies of the agency's brochure explaining its relocation program, local ordinances pertaining to housing, building codes, open housing, consumer education literature on housing, shelter costs, and family budgeting.

(6) Subscriptions for apartment directory services, neighborhood and metropolitan newspapers, and where available, multiple listing services.

$4.79 Coordination with other agencies.

(a) The displacing agency shall coordinate its relocation assistance activities with the local officials of the Federal Housing Administration and Veterans Administration responsible for making properties acquired by those agencies available for direct sale to persons to be relocated as a result of governmental action.

(b) The person assigned by the agency to provide relocation assistance for a particular project shall maintain 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.

§ 4.81 Public information; general.

(a) To insure public awareness of its relocation assistance advisory program, the displacing agency shall provide an opportunity for presentation of information and discussion of relocation services and payments at public hearings, prepare a relocation brochure, and give full and adequate public notice of the relocation program for each project to which this part applies.

(b) In areas where a language other than English is predominant, public information shall be published in the predominant language as well as in English. § 4.83 Public information; hearings.

(a) The information to be presented at a public hearing shall include—

(1) Eligibility requirements, payment procedures, and limitations for moving expenses and replacement housing;

(2) A description of the expenses incidental to transfer of property that will be paid;

(3) Appeal procedures;

(4) A description of how relocation assistance and services will be provided;

(5) The address and telephone number of the local office of the State agency and the name of the relocation officer in charge;

(6) The identity, local address, and telephone number of any other cooperating agency;

(7) An estimate of the number of individuals or families, businesses, and farm operations to be relocated;

(8) The estimated number of dwelling units presently available to meet the replacement housing needs; and

(9) An estimate of the time necessary for relocation and the number of comparable replacement dwellings that will become available during that period.

(b) The extent of the presentation should depend on the comprehensiveness

of the brochure. If the brochure covers & particular item in detail, it is sufficient to merely highlight what the brochure contains. If a particular item is not applicable to the project, it is not necessary to discuss the item in detail.

§ 4.85 Public information; brochure.

The displacing agency shall prepare a brochure which fully describes its relocation assistance advisory program, including information on payments for replacement housing and moving expenses. The brochure shall be distributed free of charge at all public hearings and given to any displaced person upon request. The brochure shall state where copies of any regulations implementing the relocation assistance program may be obtained.

§ 4.87 Public information; announce

ments.

The displacing agency shall provide brief public announcements of the relocation services, payments, and where the brochure describing the relocation program can be obtained. Public announcements shall be made through types of mass media that are familiar to persons who will be displaced by the project, such as local newspapers, radio, television, or posted advertisements.

§ 4.89 Public information; notices.

Within 15 days after approval to begin any phase of a project which will cause the displacement of any person, the displacing agency shall post notices of acquisition in adequate numbers and in places accessible to occupants of dwellings to be taken for the project. In addition, an adequate number of advertisements shall be run in newspapers normally read by occupants of dwellings to be taken. The posted notices and newspaper advertisements shall

(a) State the date approval was given for that phase of the project;

(b) Define the area of the project;

(c) Advise occupants of the area of the eligibility requirements for receiving moving and replacement housing payments;

(d) Advise occupants to notify the agency before moving to insure eligibility for moving and replacement housing payments;

(e) Advise homeowners that to be eligible for relocation benefits they must sell to the agency; and