$4.502 EPA share of costs. (a) The cost to a State agency of providing the payments and services required by Subparts B, C, and D of this part, and the additional identifiable cost to a State agency of providing the payments and services required by Subpart F of this part, shall be included as part of the cost of the EPA assisted project and, except as provided in paragraph (b) of this section, the State agency is eligible for EPA financial assistance with respect to those costs in the same manner and to the same extent as other project costs. (b) If EPA 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 the Administrator determines it is necessary for the expeditious completion of a program or project, he may advance to the State agency the EPA share of the cost of any payment of 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. § 4.503 Use of EPA financial assistance. (a) The type of interest acquired in real property does not affect the eligibility of related relocation costs for EPA financial assistance provided the interest is sufficient to cause displacement. (b) EPA financial assistance may not be used to pay a relocated person for any loss that is due to his negligence. (c) EPA financial assistance may not be used for any payment 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 financial assistance is available. Subpart F-Acquisition of Real Property § 4.600 Applicability. The requirements prescribed by this subpart apply to the acquisition of real In acquiring real property, the displacing agency shall: (a) Adequately inform the public of the acquisition policies, requirements, and payments which apply to the project; (b) Make every reasonable effort to acquire real property expeditiously through negotiation; (c) 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; (d) 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; (e) Before requiring any owner to surrender possession of real property the displacing agency will: (1) Pay the agreed purchase price; or (2) Deposit with the court, for the benefit of the owner, an amount not lessthan the agency's approved appraisal of the fair market value of the property; or (3) Pay the amount of the award of compensation in a condemnation proceeding for the property. (f) 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 (g) Offer to acquire the entire property, if acquisition of only part of a prop-erty would leave its owner with an uneconomic remnant. or tenant for a 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; (c) Advance the time of condemnation; (d) Defer negotiations, condemnation, or the deposit of funds in court for use of the owner; or (e) Take any coercive action to compel an owner to agree to a price for his property. § 4.601-3 Appraisal. (a) As a general rule only one appraisal will be obtained on each tract, unless the displacing agency determines that circumstances require an additional appraisal or appraisals. (b) Real property acquisition records shall show that the owner or his designated representative has been given an opportunity to accompany the appraiser during his inspection of the property. (c) Standards for appraisals used in EPA and EPA assisted programs shall be consistent with the current Uniform Appraisal Standards for Federal Land Acquisition published by the Interagency Land Acquisition Conference, U.S. Government Printing Office, Washington, D.C. § 4.602 Statement of just compensation. 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 of the property caused by the contemplated project; (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; and (g) The amount of damages to any remaining real property. § 4.603 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 building, structures, or other improvements located on that real property which will be removed or which will be adversely affected by the completed project. § 4.604 Notice to occupants. Simultaneous (a) Owner-occupants. with the fair market value offer, owneroccupants of real property to be acquired, shall be furnished in writing, by the displacing agency, an explanation of their rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and these regulations. (b) Tenants. Within 15 days following the initiation of negotiations, the displacing agency shall notify affected tenants and occupants, in writing, of the initiation of negotiations and of their rights under the Act of these regulations. § 4.605 Acquisition of improvements. (a) In the case of a building, structure, or other improvement owned by a tenant on real property acquired for 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 re leases 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. § 4.606 Transfer of title expenses. 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 property taxes which are allocable 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. § 4.607 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 cost, 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. § 4.608 Real property provided by State agency for an EPA project. (a) Whenever a State agency is obligated to provide the necessary real property incident to an EPA project, the Environmental Protection Agency may not accept that real property until it is de 66-002-76- -5 termined that the State agency has made all payments and provided all assistance and assurances required of a State Agency by § 4.500. (b) The State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, the Environmental Protection Agency shall pay the first $25,000 of the cost of providing the required payments and assistance. (2) The appraisal. (3) The offer. (4) The date and method of acquisition. (5) The date, amount, and purpose of payments to owners and others. II. General information concerning the project. A displacing agency shall keep a record of the following general information for each EPA administered or EPA assisted project: (1) Project and parcel identification; (2) Name and address of each displaced person; (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) The date 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. III. Displacement 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. IV. 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. V. 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 expenses; (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. VI. 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) A copy of the Truth in Lending Statement, or other data, including computations, that confirm any increased interest payment. APPENDIX B-DIRECTORY: REGIONAL AND AREA OFFICES, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Region I Regional Administrator James J. Barry, Rm. 800, John F. Kennedy Federal Building, Boston, Massachusetts 02203, Tel. (617) 223-4066. Area offices: Connecticut, Hartford 06105: 999 Asylum Avenue, Tel. (203) 244-3638. Massachusetts, Boston 02114: Bulfinch Building. 15 New Chardon Street, Tel. (617) 223-4111. Area offices-Continued New Hampshire, Manchester 03101: Davison Building, 1230 Elm Street, Tel. (603) 669-7681. Region II Regional Administrator S. William Green, 26 Federal Plaza, New York, New York 10007, Tel. (212) 264-8068. Area offices: New Jersey, Camden 08103: The Parkade Building, 519 Federal Street, Tel. (609) 963-2301. New Jersey, Newark 07102: Gateway 1 Building, Raymond Plaza, Tel. (201) 645-3010. New York, Buffalo 14202: Grant Building, 560 Main Street, Tel. (716) 842-3510. New York, New York 10007: 120 Church Street, Tel. (212) 264-0522. Commonwealth area office: Puerto Rico, San Juan 00936: Post Office Box 3869 GPO, 255 Ponce de Leon Avenue, Hato Rey. Puerto Rico, FTS Tel. (Dial Code 106-ask operator for listed number 622-0201), Commercial Number: 622-0201. Region III Regional Administrator Theodore R. Robb, Curtis Building, 6th and Walnut Streets, Philadelphia, Pennsylvania 19106, Tel. (215) 597-2560. Area offices: District of Columbia, Washington 20005: 1310 L Street, N.W., Tel. (202) 382-4855. Maryland, Baltimore 21201: Federal Building, 31 Hopkins Plaza, Tel. (301) 962-2121. Pennsylvania, Philadelphia 19106: Curtis Pittsburgh 15222: 1000 Liberty Avenue, Tel. (412) 644-2802. Virginia, Richmond 23240: 701 East Franklin Street, Post Office Box 10011, Tel. (703) 782-2721. Region IV Regional Administrator Edward H. Baxter, Peachtree-Seventh Building, 50 Seventh Street, N.E., Atlanta, Georgia 30323, Tel. (404) 526-5585. Area offices: Alabama, Birmingham 35233: Daniel Building, 15 South 20th Street, Tel. (205) 325-3264. Florida, Jacksonville 82204: Peninsular Plaza, 661 Riverside Avenue, Tel. (904) 791-2626. Georgia, Atlanta 30303: Peachtree Center Building, 230 Peachtree Street, N.W., Tel. (404) 526-4576. Kentucky, Louisville 40202: Children's Hospital Foundation Bldg., 601 South Floyd Street, Tel. (502) 582-5254. Mississippi, Jackson 39202: 301 North Lamar Street, FTS Tel. (601) 948-2267, Commercial Number: 948-7821. Area offices-Continued Region V Regional Administrator George J. Vavoulis, 800 South Wacker Drive, Chicago, Illinois 60606, Tel. (312) 353-5680. Area offices: Illinois, Chicago 60602: 17 North Dearborn Street, Tel. (312) 353-7660. Indiana, Indianapolis 46205: Willowbrook 5 Building, 4720 Kingsway Drive, Tel. (317) 633-7188. Michigan, Detroit 48226: 5th Floor, First National Building, 660 Woodward Avenue, Tel. (313) 226-7900. Minnesota, Minneapolis-St. Paul: Griggs Midway Building, 1821 University Avenue, St. Paul, Minnesota 55104, Tel. (612) 725-4801. Ohio, Columbus 43215: 60 East Main Street, Tel. (614) 469-5737. Wisconsin, Milwaukee 53203: 744 North 4th Street, FTS Tel. (414) 224-3214, Commercial Number: 272-8600. Region VI Regional Administrator Richard L. Morgan, Arkansas, Little Rock 72201: Union Na- Texas, San Antonio 78285: Kallison Building, 410 South Main Avenue, Post Office Box 9163, FTS Tel. (512) 225-4665, Commercial Number: 225-5511. Region VII Regional Administrator Harry I. Sharrott (Acting), Room 300 Federal Office Building, 911 Walnut Street, Kansas City, Missouri 64106, Tel. (816) 374-2661. Area offices: Kansas, Kansas City 66117: One Gateway Center, 5th and State Streets, Post OfEce Box 1339, Tel. (816) 374-4355. |