ment to which he is entitled under § 4.185 (b) to the down payment and the incidental expenses described in the closing statement. § 4.211 Provisional payment pending condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending condemnation suit, the displacing agency may make a provisional replacement housing payment to the displaced homeowner based on the agency's maximum offer for the property, but only if the homeowner enters into an agreement with the agency that (a) Upon final adjudication of the condemnation suit the replacement housing payment will be recomputed on the basis of the acquisition price determined by the court; (b) If the acquisition price as determined by the court is greater than the agency's maximum offer upon which the provisional replacement housing payment is based, the difference shall be refunded to the agency; and (c) If the acquisition price as determined by the court is less than the agency's maximum offer upon which the provisional replacement housing payment is based, the difference shall be paid to the homeowner. § 4.213 Combined payments. (a) If a homeowner is eligible for payment under § 4.183, but has previously received a rental payment under § 4.185(a), the amount of rental payment previously received shall be deducted from any amount that he receives under § 4.183. (b) If a homeowner or tenant is eligible for a down payment under § 4.185 (b), but has previously received a rental payment under § 4.185(a), the amount of rental payment previously received shall be deducted from the amount of any down payment that he receives under § 4.185 (b). § 4.215 Partial use of home for business or farm operation. (a) In the case of a displaced homeowner or tenant who has allocated part of his dwelling for use in connection with a displaced business or farm operation, a replacement housing payment may not be paid for that part of the property which is allocated to the business or farm operation. (b) The eligibility of a person to receive a payment under § 4.127 is not affected by this section. § 4.217 Multiple occupants of a single dwelling. (a) If two or more families, or an individual and a family, occupy the same dwelling, each such individual or family that elects to relocate separately is entitled to a separately computed replacement housing payment. (b) If two or more individuals, not a family, occupy the same dwelling, they shall be treated as a single family in computing a replacement housing payment. § 4.219 Multifamily dwelling. In the case of a displaced homeowner who is required to move from a onefamily unit of a multifamily building which he owns, the replacement housing payment shall be based on the cost of a comparable one-family unit in a multifamily building or a single family structure, without regard for the number of units in the building being acquired. § 4.221 Certificate of eligibility pending purchase of replacement dwelling. Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a comparable replacement dwelling, but who is otherwise eligible for a replacement housing payment under this subpart, the displacing agency shall certify to any interested party, financial institution, or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a decent, safe, and sanitary dwelling within the time limits prescribed by § 4.181(a) (3), (b)(3), or (c) (3), as the case may be. Subpart H-Relocation Assistance Functions Carried Out Through Other Agencies tions through the facilities, personnel, and services, of any Federal, State, or local governmental or private agency having an established organization for conducting relocation assistance programs. § 4.233 Interagency agreement required. If the displacing agency elects to provide relocation services or make relocation payments through another agency, it shall enter into a written agreement with that agency. The agreement must be approved by the Administrator and must contain the following: (a) An obligation on the part of the other agency to perform the services and make the relocation payments in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and this part. (b) A requirement that the records required by § 4.19 be retained by the other agency or turned over to the displacing agency and that they be retained for a period of at least 3 years after payment of the final voucher on each project, regardless of which agency retains them. (c) A requirement that the records required by § 4.19 be available for inspection by representatives of the Environmental Protection Agency at any reasonable business hour. (d) If the contract is with a public agency administering another Federal or federally assisted program, a description of the financial responsibilities of each program to finance the relocation program required by this part. (e) A provision acknowledging that only those costs directly chargeable to the Federal or federally assisted project are eligible for Federal funds. (f) A provision for negotiation of major changes that become necessary in the scope, character, or estimated total cost of the work to be performed. § 4.235 Amendment of existing agreements required. Each agreement between a displacing agency and another agency for carrying out relocation assistance functions through the other agency that is in effect on September 1, 1971, shall be amended or supplemented as necessary to include the requirements of § 4.233. The displacing agency shall furnish the Administrator with a copy of the 97-025-73-5 (a) In acquiring real property, each displacing agency shall be the greatest extent practicable (1) Make every reasonable effort to acquire real property expeditiously through negotiation; (2) Before the initiation of negotiations have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property; (3) Before the initiation of negotiations, establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; 57. (4) Before requiring any owner to surrender possession of real property(1) Pay the agreed purchase price; or (ii) Deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of the property; or (iii) Pay the amount of the award of compensation in a condemnation proceeding for the property; (5) If interest in real property is to be acquired by exercise of the power of eminent domain, institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and (6) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, offer to acquire that remnant. (b) In acquiring real property, to the greatest extent practicable an agency may not (1) Schedule the construction or development of a public improvement that 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. (4) Number of rooms. 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. 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 |