Section 24.101(c) provides a benchmark beyond which the requirements of the subpart clearly apply to leases. The FHWA certifies that this proposed action would not concern an environmental risk to health or safety that might disproportionately affect children. In order to clarify when a person would not be displaced in these scenarios, FHWA proposes three changes to this definition. The Federal Agency shall initiate consultation with the Lead Agency at least 30 days prior to any decision to rescind approval of a certification under this subpart. This proposed change is not intended to prohibit alterations to a dwelling to make it accessible and free of barriers for ingress, egress, or use as required under the definition of a DSS dwelling, for a displaced person with a disability at § 24.2(a). (d) Increased mortgage interest costs. The FHWA proposes several minor corrections, including renumbering definitions and acronyms and organizing them alphabetically. If the owner of a real property improvement is permitted to retain it for removal from the project site, the amount to be offered for the interest in the real property to be acquired shall not be less than the difference between the amount determined to be just compensation for the owner's interest in the real property and the salvage value (defined at § 24.2(a)) of the retained improvement. A replacement housing payment is personal to the displaced person and upon his or her death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that: (1) The amount attributable to the displaced person's period of actual occupancy of the replacement housing shall be paid. . (3) If the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the Agency determines that the remainder has economic value to the owner, the Agency may offer to purchase the entire property. The LIHTC is an indirect Federal subsidy that finances low-income housing. Those Federal Agencies that, for convenience, provide a cross reference to this part, and the location of those cross-references, are listed below: Department of Housing and Urban Development, National Aeronautics and Space Administration. Section 24.11 Adjustment of relocation benefits. In the case of a partial acquisition of land, which was a farm operation before the acquisition, the fixed payment shall be made only if the Agency determines that: (1) The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or. The FHWA believes that the proposed report template provides Federal Agencies with a streamlined reporting format that balances the need to provide Federal Agencies with appropriate time to develop necessary reporting systems with the need to compile this information into a meaningful report. In order to encourage those States to take advantage of the Start Printed Page 69475streamlining efficiencies offered by the waiver valuation, and in an effort to avoid the increased time and increased cost associated with providing fully documented appraisals, FHWA proposes to incorporate a jurisdictional exception that preserves the original intent of the waiver valuation process while offering appraisers that wish to perform this type of work for Agencies an avenue for accepting waiver valuation assignments while remaining compliant with the provisions of the State appraisal licensing enforcement Agencies. These can be useful The FHWA proposes to add a part in the appendix which explains that reliance on an exterior visual inspection, or examination of an MLS listing, does not constitute a full DSS inspection as required by the regulation in most cases. They are often involved in early project development. (c) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be lawfully present in the United States, no relocation payments may be made to him or her. When a review appraiser develops an independent value, while retaining the appraisal review, that independent value also becomes the approved appraisal of the fair market value for Uniform Act Section 301(3) purposes. Available online at www.fhwa.dot.gov/​legsregs/​directives/​orders/​664023a.htm. The requesting Agency shall have a separate and distinct quality control process in place and set forth in the written procedures approved by the Federal funding agency. 4321 et seq.). 42 U.S.C. Payments, provided pursuant to this part, shall not be considered to constitute Federal financial assistance. Section 24.102(c)(2) Appraisal, waiver thereof, and invitation to owner. The FHWA will monitor future publications of USPAP to ensure that those publications continue to be consistent with the requirements of this rule and will make technical corrections when necessary. The FHWA believes that including existing guidance into the appendix will provide a clear resource to address the questions raised. [4] Section 24.205(c)(2)(ii)(D) emphasizes that if the comparable replacement dwellings are located in areas of minority concentration, minority persons should, if possible, also be given opportunities to relocate to replacement dwellings not located in such areas. (o) Executive Order 12892—Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing (January 17, 1994). The FHWA also proposes to clarify that the permit or fees allowed under this paragraph are for those necessary to operate a business, farm, or non-profit by adding “to operate a business, farm, or non-profit” after “required” in the first sentence of this paragraph. The FHWA also proposes to combine portions of the appendix for this definition with the regulatory text with no change in requirement or meaning resulting from this reorganization. The phrase program or project means any activity or series of activities undertaken by a Federal Agency or with Federal financial assistance received or anticipated in any phase of an undertaking in accordance with the Federal funding Agency guidelines. (b) For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. The provisions of § 24.102(f) are not intended to restrict this practice, so long as it does not interfere with the reasonable time that must be provided for negotiations, described in the preceding paragraph, and the Agencies adhere to the Uniform Act ban on coercive action (section 301(7) of the Uniform Act). For complete information about, and access to, our official publications If a person who is a member of a family being displaced is not eligible for and does not receive Uniform Act benefits because he or she is not lawfully in the United States, that person's income shall not be excluded from the computation of family income. The FHWA proposes to add new language in this paragraph to detail the annual reporting requirements that Section 1521 of MAP-21 introduced. The FHWA believes that the clear intent in statute and this regulation do not allow for any Uniform Act benefits or assistance to be provided to an alien not lawfully present in the United States, with the exception being cases where an exceptional and extremely unusual hardship to a spouse, child, or parent who is a U.S. citizen or alien lawfully admitted for permanent residence would be created by denying such benefits and assistance. Document Drafting Handbook (d) The Agency shall consider the certification provided pursuant to paragraph (a) of this section to be valid, unless the Agency determines in accordance with paragraph (f) of this section that it is invalid based on a review of documentation or other information that the Agency considers reliable and appropriate. 13211 is not required. The concerned agency shall make payment to any displaced person for “actual direct losses of tangible personal property as a result of moving or discontinuing a business but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property[i].”  A displaced person is one who moves as a result of the acquisition of such real property or as the result of a written order to vacate the real property, for public use and includes  any individual, family, partnership, corporation, or association[ii]. “Nearby” has sometimes been interpreted to mean anywhere from several feet to several miles away. (5) State or local government reimbursement for utility moving costs or payment of such costs by the Agency is in accordance with State law. The FHWA and other Agencies have conducted studies over the years which conclude that benefit levels are inadequate. The OFR/GPO partnership is committed to presenting accurate and reliable The FHWA believes that this definition and the regulations at § 24.305(a)(6) and (e), as currently written, give clear direction for calculating the prorated payment and provide broad latitude for equitable treatment. However, the Agency may apply the regulations in this subpart to any less-than-full-fee acquisition that, in its judgment, should be covered. Any aggrieved person may file a written appeal with the Agency in any case in which the person believes that the Agency has failed to properly consider the person's application for assistance under this part. (12) Professional services as the Agency determines to be actual, reasonable, and necessary for: (i) Planning the move of the personal property; (iii) Installing the relocated personal property at the replacement location. Performing appraisals rather than waiver valuations in situations where the valuation problem is not complex can cause unnecessary delay and adds unnecessary cost to an acquisition. The FHWA is required to submit this proposed collection of information to OMB for review and approval and, accordingly, seeks public comments. The FHWA is proposing to add a new appendix item which states that when condominiums and other types of housing with common areas or community property are being acquired, an Agency should determine who must receive notification, which could include a condo or homeowner's board, a designated representative, or all individual owners when common or community property is being acquired for the project. Such assistance shall cover a period of 42 months. (2) A non-occupant owner of a rented mobile home is eligible for actual cost reimbursement under this section to relocate the mobile home. (f) No waiver of relocation assistance. Before making a replacement housing payment or releasing the initial payment from escrow, the Agency or its designated representative shall inspect the replacement dwelling and determine whether it is a DSS dwelling as defined at § 24.2(a). Reliance on an exterior visual inspection of comparables, or examination and review of an MLS listing's details, does not, in most cases, constitute a full DSS inspection as required by the regulation and may not reveal deficiencies in a property that would render it not decent, safe, and sanitary. The higher level of payments may also contribute to more businesses being able to successfully reestablish after displacement. The definition of “appraisal” in the Uniform Act and waiver valuation provisions of the Uniform Act and this part are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others. Construction costs for a new building at the business replacement site, costs to build out a shell, or costs substantially reconstruct a building are generally ineligible for reimbursement of expenses for disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. If the existing HECM was a lump-sum or line-of-credit which has been exhausted, then the Agency is not under obligation to replace those amounts, but only to replace the HECM with a HECM with terms and equity similar to the displacement HECM. ), (A) When an appraisal is determined to be unnecessary, the Agency shall prepare a waiver valuation. A binding agreement as used in this appendix is a legally enforceable document in which the property owner agrees to sell certain property rights necessary for a project and the Agency agrees, without further election, to make that purchase. To enable adequate preparation of the prescribed biennial report, the Lead Agency may require periodic information or data from affected Federal or State Agencies. 3. (3) Manner of disbursement. The proposed action has no potential for environmental impacts until the Start Printed Page 69488regulations, if adopted, are applied at the project level. In order to satisfy the requirement in § 24.102(f), Agencies must allow owners time for analysis, research and development, and compilation of a response, including perhaps getting an appraisal. 12. The FHWA proposes to modify the language in this paragraph to require Agencies to inform displaced persons in writing of the reason(s) a DSS inspection of a comparable replacement dwelling was not made (in cases where inspections were not made) and to indicate that, should a displaced person select one of the comparable dwellings, a replacement housing payment cannot be made until a DSS inspection is made of that dwelling. The FHWA is also proposing to add an item to this part to explicitly state that aliens not lawfully present in the United States are not eligible for temporary relocation assistance unless such denial of benefits would create an extremely unusual hardship to a designated family member in accordance with § 24.208(g). When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling prices. The FHWA agrees that an inspection of a comparable dwelling should be made prior to its use in any eligibility determination. Section 24.301(g)(3) through (5). Section 204 of the Uniform Act sets criteria for when 90-day tenants and certain others displaced from a dwelling are eligible for a payment for rental assistance or down payment assistance. After an Agency has established an amount it believes to be the fair market value of the property and has notified the owner of this amount in writing, an Agency may negotiate freely with the owner in order to reach agreement. The FHWA also proposes adding a new item to appendix A, Section 24.205(c)(2)(ii)(C), explaining what constitutes a DSS inspection and a further discussion of the requirement that an Agency must make full disclosure and explanation to the displaced person if the comparable replacement dwelling was not inspected. If the displacement dwelling did not have a kitchen and local code standards for occupancy do not require one, an Agency does not have to provide a kitchen in the comparable dwelling. Section 24.102(j) Payment before taking possession. The proposed regulations, if finalized, would establish procedures and requirements for agencies and others when acquiring, managing, and disposing of real property interests. However, regardless of whether storage is approved, the Fixed Residential Move Cost Schedule provides a one-time payment for one move from the displacement dwelling to the replacement dwelling, dwelling, or storage facility. on The FHWA proposes to make these changes in the acronym listing of this paragraph, remove numbers, and alphabetize the acronyms. This document has been published in the Federal Register. The FHWA proposes to add a reference to a new addition to the appendix for this paragraph that provides examples of how to calculate relocation payments if some members of a displaced family are lawfully present but others are aliens not lawfully present. The low income limit for a five person household is: $64,300. Interested parties are invited to send comments regarding any aspect of these information collection requirements, including, but not limited to: (1) Whether the collection of information is necessary for the performance of the functions of the FHWA, including whether the information has practical utility; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the collection of information; and (4) ways to minimize the collection burden without reducing the quality of the information collected. or any other Federal law, except for any Federal law providing low-income housing assistance. In those situations, the Agency may allow an eligibility determination and payment based upon the use of the “additional room” category of the Fixed Residential Move Cost Schedule at www.fhwa.dot.gov/​real_​estate/​practitioners/​uniform_​act/​relocation/​moving_​cost_​schedule.cfm. Line 3. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Residential Relocation Under the Uniform Act, Part C. Nonresidential Relocation Under the Uniform Act, https://www.federalregister.gov/d/2019-25558, MODS: Government Publishing Office metadata, http://www.fhwa.dot.gov/​real_​estate/​practitioners/​uniform_​act/​relocation/​moving_​cost_​schedule.cfm, www.fhwa.dot.gov/​real_​estate/​practitioners/​uniform_​act/​relocation/​moving_​cost_​schedule.cfm, www.fhwa.dot.gov/​real_​estate/​practitioners/​uniform_​act/​relocation/​midpcalcs/​, http://www.fhwa.dot.gov/​realestate/​ua/​ualic.htm, https://www.occ.gov/​topics/​community-affairs/​publications/​insights/​insights-low-income-housing-tax-credits.pdf, https://www.bls.gov/​news.release/​cpi.t01.htm, https://www.fhwa.dot.gov/​real_​estate/​policy_​guidance/​uafaqs.cfm, https://www.fhwa.dot.gov/​real_​estate/​uniform_​act/​relocation/​illegaqa.cfm, https://www.fhwa.dot.gov/​real_​estate/​publications/​business_​relocation_​assistance/​final_​report/​page06.cfm, https://www.federalregister.gov/​documents/​2017/​10/​02/​2017-21101/​notification-of-regulatory-review, https://www.fhwa.dot.gov/​real_​estate/​publications/​business_​relocation_​assistance/​index.cfm, https://www.gao.gov/​assets/​260/​253929.pdf, www.fhwa.dot.gov/​enviornment/​environmental_​justice/​ej_​at_​dot/​order_​56102a/​index.cfm, www.fhwa.dot.gov/​legsregs/​directives/​orders/​664023a.htm, http://www.appraisalfoundation.org/​imis/​TAF/​Standards/​Appraisal_​Standards/​TAF/​Standards.aspx, http://www.justice.gov/​file/​408306/​download, http://www.fhwa.dot.gov/​real_​estate/​practitioners/​uniform_​act/​policy_​and_​guidance/​low_​income_​calculations/​index.cfm, http://www.appraisers.org/​Disciplines/​Machinery-Technical-Specialties, Revising Max. It would be appropriate for Agencies to adhere to project influence restrictions, as well as guard against discredited “public interest value” valuation concepts. Finally, FHWA proposes adding a new appendix item for this definition that provides a discussion of FHWA's view of determining occupancy and eligibility for those who occupy a shelter. The term business means any lawful activity, except a farm operation, that is conducted: (i) Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; (ii) Primarily for the sale of services to the public; (iii) Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. Section 24.104 Review of appraisals. Agencies may develop guidance to address questions specific to their programs to better direct those carrying out relocation assistance for their programs and projects. (b) Ineligible expenses. They include an FHWA national survey of waiver valuation in 2005, results from 4 SDOTs which carried out waiver valuation pilot projects and a Colorado study of Waivers. Section 24.301(g)(14)(i) through (iii). Relocation Assistance Companies may help their employees with the relocation process by offering financial assistance, information and support. The condemnation of property by the government under the doctrine of eminent domain is envisaged to undertake programs for the benefit of the public as a whole. The FHWA has responded to a number of questions about temporary, daily, or emergency shelters, and whether persons in occupancy at these shelters are displaced persons. The Agency employee or contractor making the determination to use the waiver valuation option must understand valuation principles, techniques, and use of appraisals in order to be able to determine whether the proposed acquisition is uncomplicated. (3) The payment does not result in the duplication of any compensation otherwise authorized by law. (i) The owner is donating the property and releases the Agency from its obligation to appraise the property; or, (ii) The Agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the proposed acquisition is estimated at $10,000 or less, based on a review of available data. 1. Although the actual number of HECM type mortgages is still relatively low in comparison to all types of mortgages, FHWA believes that this may change in the future due in part to the number of aging homeowners in the marketplace and also because the marketplace and marketing practices for HECMs are evolving and growing. $11,000 divided by 2 = $5,500; Eligibility = $5,500. The regulation continues to state that three or more comparable replacement dwellings shall be made available, whenever possible in the determination process. This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $155 million or more in any 1 year (2 U.S.C. Hourly labor rates should not exceed the cost paid by a commercial mover. Applicability of acquisition requirements. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. (iii) Contributed at least 331/3 percent of the owner's or operator's average annual gross income from all sources. The base monthly rental for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Agency (for an owner-occupant, use the fair market rent for the displacement dwelling; for a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); or. The Relocation Readiness Program is a congressionally mandated program designed to ease the personal and Family stressors military Families experience with a permanent change of station by providing assistance, counseling, education, and training throughout all phases of the relocation … (b) An Agency requesting use of electronic delivery of notices must include the following safeguards: (1) A process to inform property owners and occupants that they must voluntarily elect to receive electronic notices. For the purposes of this part the term includes those utility-type facilities which are owned or leased by a government Agency for its own use, or otherwise dedicated solely to governmental use. documents in the last year, 783 Reliance on an exterior visual inspection, or examination of an MLS listing does not in most cases constitute a full DSS inspection. In most instances, reimbursing for building a new structure at the replacement location is not a permissible actual moving cost expense. The proposed clarifications include sample calculations for businesses with less than 1 year in operation, more than 1 year but not 2 full years in operation, and seasonally operated businesses. The question that arises is whether the allowance in § 24.402(b)(1)(i) of using the “. Uneconomic remnant. Eligible expenses for a person who is required to move personal property from real property but is not required to move from a dwelling (including a mobile home), business, farm, or nonprofit organization include those expenses described in paragraphs (g)(1) through (7) and (18) of this section. The FHWA proposes to modify the heading for § 24.401 and paragraphs (a) introductory text and (a)(1) and the appendix entries for these parts by deleting “180 days” and inserting “90 days” in each place it appears. A Federal Agency suggested that the appendix to this paragraph be changed to further define the term “general geographic area.” Some Federal Agencies expressed concern that the appendix definition was too restrictive for their programs or some projects. In the case of a partial acquisition, the compensation for the real property to be acquired and the compensation for damages, if any, to the remaining real property shall be separately stated. Published by The Appraisal Foundation, a nonprofit educational organization. 6101 et seq.). The FHWA proposes to add clarifying language to ensure that the regulation is clearly understood to prohibit payments for any moving and related expenses or reestablishment payments when a displaced person elects to receive a fixed cost moving payment under this section of the regulation. In most instances, a displaced person's eligibility for benefits is established at the initiation of negotiations. The FHWA believes that self-move options would reduce administrative burden and eliminate the burden to the property owner of providing receipts or proof of expenditures to support residential self-move claims for payment. The FHWA is proposing changes to § 24.102(c)(2)(ii)(C) waiver valuation requirements, as described in the following three sections, in recognition of the positive experience using them. 12/17/2019 at 8:45 am. that agencies use to create their documents. (4) The same person or closely related persons own, control, or manage the affairs of the entities. (e) Any review by the Agency of the certifications provided pursuant to paragraph (a) of this section shall be conducted in a nondiscriminatory fashion. The Agency is responsible for ensuring that an appraisal of the real property is obtained unless the owner releases the Agency from such obligation, except as provided in § 24.102(c)(2). require DOT Agencies to achieve environmental justice (EJ) as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations in the United States. A business or farm operation the federal relocation assistance program of charge and can be viewed to mean a Highway system or applicable. Represents about 87 percent of the government shorter, use the PDF linked the. To affected property owners and displaced persons under § 24.204 is met mortgages are being encountered more frequently the federal relocation assistance program... 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