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part under the laws of that State, and an providing the payments and services opinion of its chief legal official dis- described in this part for any displaced cussing the issues involved and citing person because of any acquisition or dislegal authorities in support of the con- placement occurring before July 1, 1972. clusions for each representation of legal

$ 4.63 Appeals. inability to provide any part of the required assurances.

(a) An applicant for a payment under

this subpart who is aggrieved by a dis$ 4.59 Use of Federal financial assist

placing agency's determination as to the ance.

applicant's eligibility for payment or the (a) The type of interest acquired in amount of the payment may appeal that real property does not affect the eli- determination in accordance with the gibility of related relocation costs for procedures established by the displacing Federal financial assistance provided agency under paragraph (b) of this secthe interest is sufficient to cause tion. displacement.

(b) Each displacing agency shall es(b) Federal financial assistance may tablish procedures for reviewing appeals not be used to pay & relocated person by aggrieved applicants for payments for any loss that is due to his negligence. under this subpart. The rocedures shall

(c) Federal financial assistance may insure that not be used for any payment under this (1) Each appellant applicant has the part to a displaced person if that per- opportunity for oral and written presson receives a separate payment which entation and the right to have counsel is

participate in such presentation; (1) Required by the State law of (2) Each appeal will be decided eminent domain;

promptly; (2) Determined by the Administrator (3) Each appeal decision will include to have substantially the same purpose a statement of the reasons upon which it and effect as a payment under this is based and a copy of such decision will part; and

be furnished the appellant; (3) Otherwise included as a project (4) The agency retains all documents cost for which Federal financial assist- associated with each appeal; and ance is available.

(5) Each appellant applicant has a § 4.61 Federal share of costs.

final appeal to the head of the displacing

agency. (a) The cost to a State agency of providing the payments and services re

§ 4.65 Retroactive effect. quired by Subparts A through H of this

In the case of any project phase, grant, part, and the additional, identifiable cost

contract, or agreement approved by EPA to a State agency of providing the pay- prior to October 1, 1971, which will inments and services required by Subpart I volve or has involved displacement of any of this part, shall be included as part of

person or acquisition of real property, the cost of the federally-assisted proj- after January 1, 1971, and prior to Octoect and, except as provided in paragraphs ber 1, 1971, the State agency concerned (b) and (c) of this section, the State shall: agency is eligible for Federal financial as

(a) Comply with the provisions of this sistance with respect to those costs in the

subpart providing payments or other same manner and to the same extent

benefits to persons as soon as possible; as other project costs.

and (b) If Federal financial assistance is

(b) Comply with the provisions of this by grant or contribution, the Environ

subpart requiring submission of informamental Protection Agency will pay a tion or assurances to EPA, no later than State agency the full amount of the first

November 1, 1971. $25,000 of the cost of providing the payments and services described in this part

§ 4.67 Required amendment of existing for any displaced person because of any grants, etc. acquisition or displacement occurring Any grant to, or contract or agreement before July 1, 1972.

with, a State agency executed before the (c) If Federal financial assistance is date of publication of this part, under by loan, the Environmental Protection which Federal financial assistance is Agency will loan a State agency the full available to pay all or part of the cost of amount of the first $25.000 of the cost of any program or project which will result

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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 $ 4.71 Scope.

This subpart prescribes requirements for relocation assistance advisory programs for persons displaced by projects which are part of a Federal or federally assisted program administered by the Environmental Protection Agency. & 4.73 Extension of services to adjacent

occupants. The displacing agency shall provide the relocation assistance advisory seryices described in this subpart to all displaced persons. The agency may also offer those services to any person occupying property immediately adjacent to the real property being acquired who, in the agency's opinion, will suffer substantial economic injury. 8 4.75 Relocation programs; general

requirements. The displacing agency shall carry out & 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 agen- of the brochure. If the brochure covers cies, redevelopment authorities, public a particular item in detail, it is sufficient housing authorities, the Federal Housing to merely highlight what the brochure Administration, the Veterans Adminis- contains. If a particular item is not aptration, the Small Business Administra- plicable to the project, it is not necestion and other agencies providing services sary to discuss the item in detail. to displaced persons. He shall also collect and maintain information on private re

§ 4.85 Public information; brochure. placement properties in the area of the The displacing agency shall prepare a project through personal contact with brochure which fully describes its rereal estate brokers, real estate boards, location assistance advisory program, inproperty managers, apartment owners cluding information on payments for reand operators. and home building placement housing and moving expenses. contractors.

The brochure shall be distributed free

of charge at all public hearings and § 4.81 Public information; general.

given to any displaced person upon re(a) To insure public awareness of its quest. The brochure shall state where relocation assistance advisory program, copies of any regulations implementing the displacing agency shall provide an the relocation assistance program may opportunity for presentation of informa- be obtained. tion and discussion of relocation services and payments at public hearings, pre

§ 4.87 Public information; announce

ments. pare a relocation brochure, and give full and adequate public notice of the reloca- The displacing agency shall provide tion program for each project to which brief public announcements of the relothis part applies.

cation services, payments, and where the (b) In areas where a language other brochure describing the relocation prothan English is predominant, public in- gram can be obtained. Public announceformation shall be published in the pre

ments shall be made through types of dominant language as well as in English.

mass media that are familiar to persons

who will be displaced by the project, § 4.83 Public information; hearings.

such as local newspapers, radio, tele(a) The information to be presented at vision, or posted advertisements. a public hearing shall include(1) Eligibility requirements, payment

§ 4.89 Public information; notices. procedures, and limitations for moving

Within 15 days after approval to begin expenses and replacement housing;

any phase of a project which will cause (2) A description of the expenses inci

the displacement of any person, the disdental to transfer of property that will

placing agency shall post notices of acbe paid;

quisition in adequate numbers and in (3) Appeal procedures;

places accessible to occupants of dwell(4) A description of how relocation ings to be taken for the project. In addiassistance and services will be provided; tion, an adequate number of advertise

(5) The address and telephone number ments shall be run in newspapers norof the local office of the State agency and mally read by occupants of dwellings to the name of the relocation officer in

be taken. The posted notices and newscharge;

paper advertisements shall(6) The identity, local address, and

(a) State the date approval was given telephone number of any other cooperat

for that phase of the project; Ing agency; (7) An estimate of the number of in

(b) Define the area of the project; dividuals or families, businesses, and

(c) Advise occupants of the area of the farm operations to be relocated;

eligibility requirements for receiving (8) The estimated number of dwell

moving and replacement housing paying units presently available to meet the

ments; replacement housing needs; and

(d) Advise occupants to notify the (9) An estimate of the time necessary

agency before moving to insure eligibility for relocation and the number of com

for moving and replacement housing parable replacement dwellings that will payments; become available during that period.

(e) Advise homeowners that to be ell(b) The extent of the presentation gible for relocation benefits they must should depend on the comprehensiveness sell to the agency; and

(f) State where the brochure describing the relocation program may be obtained. § 4.91 Waiver of public information

requirements. When persons are to be displaced from five or fewer dwellings, the displacing agency may, instead of complying with $$ 4.81, 4.83, 4.85, 4.87, 4.89, provide the information required to be provided by those sections to the displaced persons by personal delivery and detailed oral explanation of the information. $ 4.93

Information for displaced per

sons.

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

(1) A brochure 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.

(b) In addition to the information furnished under paragraph (a) of this section, the displacing agency shall deliver to each displaced homeowner or tenant, either in person or by certified mail, return receipt requested, a written statement setting forth the optional types and the actual amount of replacement housing payments to which they are entitled.

(c) The information required by paragraphs (a) and (b) 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 7 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.

(d) The displacing agency shall notify each displaced person of his right of appeal under $ 4.37. Subpart E-Moving and Related

Expenses $ 4.111 Scope.

This subpart prescribes the requirements governing the payment of moving and related expenses of persons displaced by projects which are part of a

Federal or federally assisted program administered by the Environmental Protection Agency. & 4.113 Eligibility not dependent on

length of occupancy. A displaced person's eligibility for payment of moving and related expenses is not affected by the length of time that he occupied the real property from which he is displaced. & 4.115

Payment limited to one move; exception. (a) Except as provided by paragraph (b) of this section, payment of a displaced person's moving and related expenses may not be made for more than one move in connection with a particular project.

(b) If the Administrator considers it to be in the public interest he may authorize payment of a displaced person's moving and related expenses for additional moves. § 4.117

Family treated as person. For the purpose of this subpart, the term “person” includes two or more individuals living together in the same dwelling as a single family unit and who are related to each other by blood, marriage, adoption, or legal guardianship. $ 4.119 Noneligibility notice to rental

occupants required. If an agency rents out real property acquired in connection with a project to which this part applies, it shall notify the tenant and State in the rental agreement that the tenant will not be eligible for payment of displacement, moving, and related expenses under this subpart. § 4.121 Moving expenses; application

and payment. (a) Upon application by a displaced person for payment of moving and related expenses, the displacing agency shall

(1) Pay those expenses in accordance with this subpart; or

(2) If the applicant elects to receive it, pay him a fixed allowance in accordance with Subpart F of this part.

(b) The application shall be in writing and filed with the displacing agency no later than 1 year after either the date of acquisition of the dwelling by the agency or the date the applicant vacated the dwelling, whichever is later. The application shall include an itemization of

a

the expenses involved and, except as provided in paragraphs (d) and (e) of this section, shall be supported by receipts and such other evidence as the displacing agency may require.

(c) A displaced person may not be paid for his moving expenses in advance of the actual move unless the displacing agency finds that a hardship would otherwise result.

(d) If a displaced person, his mover, and the displacing agency agree by prearrangement in writing, the displaced person may submit an unpaid bill for moving expenses for direct payment.

(e) If the displacing agency contracts with independent movers on a schedule basis and provides a displaced person with a list of movers he may choose from to move his personal property, payment shall be made directly to the mover.

(f) In the case of a self-move by a displaced person, the amount of payment for actual reasonable moving expenses may not exceed the cost of having the move accomplished by a commercial mover. & 4.123 Exclusions.

A displaced person is not entitled to be paid for

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

(b) Cost of moving structures or other improvements to real property which are reserved by the displaced person;

(c) Improvements to the replacement site, except when required by law;

(d) Interest on loans to cover moving expenses;

(e) Loss of good will;
(f) Loss of profits;
(g) Loss of trained employees;
(h) Personal injury;

(i) Cost of preparing the application for moving and related expenses; or

(j) Modification of personal property to adapt it to replacement site, except when required by law. 8 4.125 Moving expenses; occupants of

dwellings. (a) Except as provided in $ 4.123, persons displaced from dwellings are entitled to be paid actual reasonable expenses for

(1) Transporting themselves and their personal property from the displacement site to a replacement site, but not more than 50 miles unless the displacing agency finds that the dis

placed person cannot relocate within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing their personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting their personal property;

(4) Insuring against loss or damage of their personal property while in storage or transit; and

(5) Removing and reinstalling household appliance, including reconnecting utilities, if

(i) It is not acquired by the displaceing agency as real property;

(ii) The displaced person agrees in writing that the appliance is personal property and releases the displacing agency from paying for it; and

(iii) It is not a real property improvement to the location site, unless reinstallation is otherwise required by law.

(b) A displaced person is entitled to be reimbursed for uninsurable loss or damage of his personal property while in the process of moving, if the loss or damage was not a result of his fault or negligence. § 4.127 Moving expenses;

businesses and farm operations. (a) Except as provided in § 4.123, a displaced person who conducts a business or farm operation which is discontinued or relocated is entitled to actual reasonable expenses for

(1) Transporting his personal property from the displacement site to a replacement site, but not more than 50 miles, unless, in the case of relocation, the displacing agency finds that the business or farm operation cannot be relocated within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing his personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting his personal property;

(4) Insuring against loss or damage of his personal property while in storage or transit;

(5) Removing and reinstalling machinery and equipment including reconnecting utilities, if

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