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; (2) If it rents acquired real property to the former owner or tenant for 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; (3) Advance the time of condemnation; (4) Defer negotiations, condemnation, or the deposit of funds in court for use of the owner; or (5) Take any coercive action to compel an owner to agree to a price for his property. § 4.255 Statement of just compensation to owner. 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 caused by the project for which the property is being acquired; and (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. (g) The amount of damages to any remaining real property. § 4.257 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 buildings, structures, or other improvements located on that real property which will be removed or which will be adversely affected by the completed project. § 4.259 Payments to tenants for 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. § 4.261 Expenses incidental to transfer of title. As soon as possible after real property has been acquired, the displacing agency shall reimburse the owner for (a) Recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency; (b) Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and (c) The pro rata portion of any prepaid real property taxes which are allo cable to a period subsequent to the date of vesting title in the agency or the effective date of possession of the real property by the agency, whichever is the earlier. § 4.263 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 costs, 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 receives an award of compensation by judgment or settlement, the displacing agency shall reimburse the plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding. APPENDIX A-RECORDS 'The following list sets forth relocation information which a displacing agency shall maintain for each Federal or federallyassisted project that it administers. I. General. The displacing agency shall keep a record of the following general information concerning the project: (1) Project and parcel identification. (2) Name and address of each displaced person; his new address and telephone number if available. (3) Dates of all personal contacts made with each displaced person. (4) Date each displaced person is given notice of relocation payments and services. (5) Name of agency employee who offers relocation assistance. (6) Whether the offer of assistance is declined or accepted, and the name of the individual who accepts or declines the offer. (7) Date each displaced person is required to move. (8) Date of actual relocation, and whether relocation was accomplished with the assistance of the displacing agency, other agencies, or without assistance. (9) Type of tenure held by each displaced person before and after relocation. II. Displacements from dwellings. The displacing agency shall keep a record of the following information concerning each individual or family displaced from a dwelling in connection with the project: (1) Number in family, or number of individuals. (2) Type of dwelling. (3) Fair market value, or monthly rent. III. Displaced businesses. The displacing agency shall keep a record of the following information concerning each business displaced in connection with the project: (1) Type of business. (2) Whether or not relocated. (4) Data supporting a determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by a State agency or the United States. IV. Moving expenses. The displacing agency shall keep a record of the following information concerning each payment of moving and related expenses in connection with the project: (1) The date personal property is moved, and the original and new locations of the personal property. (2) If personal property is stored temporarily (a) The place of storage; (b) The duration of storage; and (c) A statement of why storage is necessary. (3) An account of all moving expenses that are supported by receipted bills or similar evidence of expense; (4) Amount of reimbursement claimed, amount allowed, and an explanation of any difference. (5) In the case of a business or farm operation that receives a fixed allowance in lieu of moving expenses, data underlying the computation of such payment. V. Replacement housing payments. The displacing agency shall keep a record of the following information concerning each relocation housing payment made in connection with the project: (1) The date application for payment is received. (2) The date application for payment is approved or rejected. (3) Data substantiating the amount of payment. (4) If replacement housing is purchased, a copy of the closing statement indicating the purchase price, down payment, and incidental expenses. (5) Whenever a rental payment is made by annual installment, a statement confirming that the tenant still occupies a decent, safe, and sanitary dwelling. (6) A copy of the Truth in Lending Statement, or other data, including computations. that confirms the increased interest payment. 59 AUTHORITY: Title V, 65 Stat. 290 (31 U.S.C. 483.a). SOURCE: 37 FR 11059, June 2, 1972, unless otherwise noted. § 5.1 Establishment of fees. The Environmental Protection Agency shall charge tuition fees for all students attending EPA direct training courses which commence on or after July 1, 1972. § 5.2 Definitions. "Direct Training" means all technical and managerial training conducted directly by EPA for personnel of State and local governmental agencies, other Federal agencies, private industries, universities and other non-EPA agencies and organizations. "Registration office" means any of the several offices in EPA which have been designated to receive applications for attendance at direct training courses. (See § 5.4 for a listing of such offices.) § 5.3 Schedule of fees. Tuition fees for direct training courses, by program, are as follows: fees are to be sent. Because some programs have more than one registration office, the correct office for a specific course under those programs must be learned from the course announcement. AIR PROGRAM Direct Training Registration Office, Office of Air Programs, Research Triangle Park, N.C. 27717. WATER QUALITY PROGRAM Direct Training Registration Office, National Training Center, Robert A. Taft Sanitary Engineering Center, Environmental Protection Agency, 4676 Columbia Parkway, Cincinnati, OH 45226. Direct Training Registration Office, Environmental Protection Agency, 1600 Patterson Street, Suite 1100, Dallas, TX 75201. Direct Training Registration Office, Southeast Water Laboratory, Environmental Protection Agency, College Station Road, Athens, Ga. 30601. Direct Training Registration Office, Manpower and Training Branch, 1200 Sixth Avenue (M/S345), Seattle, WA 98101. Direct Training Registration Office, Edison Water Quality Laboratory, Environmental Protection Agency, Edison, N.J. 08817. WATER HYGIENE PROGRAM Direct Training Registration Office, Environmental Protection Agency, 4676 Columbia Parkway, Cincinnati, OH 45226. SOLID WASTES MANAGEMENT PROGRAM Direct Training Registration Office, Systems Management Division, Office of Solid Wastes Management Programs, 5555 Ridge Road, Cincinnati, OH 45213. RADIATION PROGRAM Direct Training Registration Office, Eastern PESTICIDES PROGRAM Direct Training Registration Office, Perrine Primate Laboratory, Post Office Box 490, Perrine, FL 33157. Direct Training Registration Office, Division of Pesticide Community Studies, 4770 Buford Highway, Chamblee, GA 30341. § 5.5 Procedure for payment. Applications for direct training shall be completed and submitted in accordance with the instructions issued by the respective program offices. Fee payment, in the amount indicated by the fee An applicant may withdraw his application and receive full reimbursement of his fee provided that he notifies the appropriate registration office in writing no later than 10 days before commencement of the course for which he has registered. § 5.7 Waiver of fee. EPA may waive the fee requirement for applicants when such a waiver is in the best interests of the Government. Request for waiver shall be sent to the appropriate registration office, along with the completed application. The request should be made in writing, setting forth: (a) Name, title, and business address of applicant, (b) course title and commencement date, (c) relation of current job to training desired, and (d) justification for waiver of the tuition fee. A request for waiver shall be submitted no later than 45 days before commencement of the course. 6.64 Criteria for the preparation of environmental impact statements. 6.65 Procedures for preparation, distribution, and review of EIS's and other EIS-associated documents. Subpart G-Guidelines for the Preparation of Environmental Impact Statements for Air Quality Projects and Activities Purpose. Definitions. 6.11 Definitions. 6.70 6.12 Summary of the environmental impact 6.71 statement process. 6.13 Applicability. 6.14 General responsibilities. 6.74 Criteria for the preparation of environmental assessments and impact statements. 6.75 Procedures for preparation, distribution, and review of EIS's and other EIS-associated documents. Subpart H-Guidelines for the Preparation of Environmental Impact Statements for Solid Waste Projects and Activities 2 (page 1.) Notice of Intent Transmittal Memorandum Suggested Format. 2 (page 2.) Notice of Intent Suggested Format. 3 News Release Suggested Format. 4 Negative Declaration Suggested Format. 5 Environmental Impact Appraisal Suggested Format. 6 Cover Sheet Format for Environmental Impact Statements. 7 Summary Sheet Format for Environmental Impact Statements. 8 Flowchart for OR&M. 9 Flowchart for OSWMP. AUTHORITY: Secs. 102, 103, 83 Stat. 854. SOURCE: 38 FR 1696, Jan. 17, 1973, unless otherwise noted. (a) The National Environmental Policy Act of 1969, implemented by Executive Order 11514 and the Council on Environmental Quality's Guidelines of April 23, 1971 (36 FR 7724), requires that all agencies of the Federal Government prepare detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. The objective of the Act is to build into the agency decisionmaking process an appropriate and careful consideration of all environmental aspects of proposed actions. (b) This part establishes Environmental Protection Agency policy and procedures for the identification and analysis of the environmental impact of Agency (a) "Environmental assessment” is a written analysis submitted to the Agency by its grantees or contractors describing the environmental impacts of actions undertaken with the financial support of the Agency. (b) "Environmental review" is a formal evaluation undertaken by the Agency to determine whether a proposed Agency action may have a significant impact on the environment. (c) "Notice of intent" is a memorandum announcing to Federal, State, and local agencies, and to interested persons, that a draft environmental impact statement will be prepared and processed. (d) "Environmental impact statement" is a report, prepared by the Agency, which identifies and analyzes in detail the environmental impacts of an Agency action. (e) "Negative declaration" is a written announcement, prepared subsequent to the environmental review, which states the Agency has decided not to prepare an environmental impact statement. (f) "Environmental impact appraisal" is an abbreviated document, based on an environmental review, which supports a negative declaration. It describes a proposed Agency action, its expected environmental impact, and the basis for the conclusion that no significant impact is anticipated. (g) "Responsible official" will usually be either a Regional Administrator or a Deputy Assistant Administrator. He is responsible for assuring that environmental reviews are conducted and, if necessary, that environmental impact statements and other associated documents are prepared. "Responsible officials" are identified for the various Agency program offices in the subparts following Subpart D. (h) "Interested persons" are individuals, groups, organizations, corporations, or other nongovernmental units, including an applicant for an Agency contract or grant and conservation groups, who may be interested in, affected by, or technically competent to comment on the environmental impact of the proposed Agency action. |