DOT 49 CFR PART 24-2010 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY-ASSISTED PROGRAMS.pdf

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1、229 Office of the Secretary of Transportation Pt. 24 7. Current Car Rental ACDBE Goal: Race Conscious Goal ll% Race Neutral Goal ll% Overall Goal ll% 8. Car rental Cumulative ACDBE participation A Total dollars (everyone) B Total number (everyone) C Total to ACDBEs (dollars) D Total to ACDBEs (numbe

2、r) E RC to ACDBEs (dollars) F RN to ACDBEs (dollars) G % of dollars to ACDBEs Prime Concessions.Subconcessions.Goods/Services.Totals.9. Car rental New ACDBE participation this period A Total dollars (everyone) B Total number (everyone) C Total to ACDBEs (dollars) D Total to ACDBEs (number) E RC to A

3、CDBEs (dollars) F RN to ACDBEs (dollars) G % of dollars to ACDBEs Prime Concessions.Subconcessions.Goods/Services.Totals.10. Cumulative ACDBE participa-tion by race/gender A Black Americans B Hispanic Americans C Asian-Pa-cific Ameri-cans D Asian-In-dian Amer-icans E Native Americans F Non-minor-ity

4、 Women G Other H Totals Car Rental.Non-Car Rental.Totals.11. On an attachment, list the following in-formation for each ACDBE firm partici-pating in your program during the period of this report: (1) Firm name; (2) Type of busi-ness; (3) Beginning and expiration dates of agreement, including options

5、 to renew; (4) Dates that material amendments have been or will be made to agreement (if known); (5) Estimated gross receipts for the firm during this reporting period. PART 24UNIFORM RELOCATION ASSISTANCE AND REAL PROP-ERTY ACQUISITION FOR FEDERAL AND FEDERALLY-ASSISTED PRO-GRAMS Subpart AGeneral S

6、ec. 24.1 Purpose. 24.2 Definitions and acronyms. 24.3 No duplication of payments. 24.4 Assurances, monitoring and corrective action. 24.5 Manner of notices. 24.6 Administration of jointly-funded projects. 24.7 Federal Agency waiver of regulations. 24.8 Compliance with other laws and regula-tions. 24

7、.9 Recordkeeping and reports. 24.10 Appeals. Subpart BReal Property Acquisition 24.101 Applicability of acquisition require-ments. 24.102 Basic acquisition policies. 24.103 Criteria for appraisals. 24.104 Review of appraisals. 24.105 Acquisition of tenant-owned improve-ments. 24.106 Expenses inciden

8、tal to transfer of title to the Agency. 24.107 Certain litigation expenses. 24.108 Donations. Subpart CGeneral Relocation Requirements 24.201 Purpose. 24.202 Applicability. 24.203 Relocation notices. 24.204 Availability of comparable replace-ment dwelling before displacement. 24.205 Relocation plann

9、ing, advisory serv-ices, and coordination. 24.206 Eviction for cause. 24.207 General requirements claims for relo-cation payments. 24.208 Aliens not lawfully present in the United States. 24.209 Relocation payments not considered as income. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm

10、00239 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-230 49 CFR Subtitle A (10110 Edition) 24.1 Subpart DPayments for Moving and Related Expenses 24.301 Payment for actual r

11、easonable mov-ing and related expenses. 24.302 Fixed payment for moving expensesresidential moves. 24.303 Related nonresidential eligible ex-penses. 24.304 Reestablishment expensesnonresidential moves. 24.305 Fixed payment for moving expensesnonresidential moves. 24.306 Discretionary utility relocat

12、ion pay-ments. Subpart EReplacement Housing Payments 24.401 Replacement housing payment for 180-day homeowner-occupants. 24.402 Replacement housing payment for 90- day occupants. 24.403 Additional rules governing replace-ment housing payments. 24.404 Replacement housing of last resort. Subpart FMobi

13、le Homes 24.501 Applicability. 24.502 Replacement housing payment for 180-day mobile homeowner displaced from a mobile home, and/or from the ac-quired mobile home site. 24.503 Replacement housing payment for 90- day mobile home occupants. Subpart GCertification 24.601 Purpose. 24.602 Certification a

14、pplication. 24.603 Monitoring and corrective action. APPENDIX A TO PART 24ADDITIONAL INFOR-MATION APPENDIX B TO PART 24STATISTICAL REPORT FORM AUTHORITY: 42 U.S.C. 4601 et seq.; 49 CFR 1.48(cc). SOURCE: 70 FR 611, Jan. 4, 2005, unless oth-erwise noted. Subpart AGeneral 24.1 Purpose. The purpose of t

15、his part is to promul-gate rules to implement the Uniform Relocation Assistance and Real Prop-erty Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.) (Uni-form Act), in accordance with the fol-lowing objectives: (a) To ensure that owners of real property to be acquired for Federal

16、 and federally-assisted projects are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litiga-tion and relieve congestion in the courts, and to promote public con-fidence in Federal and federally-as-sisted land acquisition programs; (b

17、) To ensure that persons displaced as a direct result of Federal or feder-ally-assisted projects are treated fair-ly, consistently, and equitably so that such displaced persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole; and (c

18、) To ensure that Agencies imple-ment these regulations in a manner that is efficient and cost effective. 24.2 Definitions and acronyms. (a) Definitions. Unless otherwise noted, the following terms used in this part shall be understood as defined in this section: (1) Agency. The term Agency means the

19、 Federal Agency, State, State Agen-cy, or person that acquires real prop-erty or displaces a person. (i) Acquiring Agency. The term acquir-ing Agency means a State Agency, as defined in paragraph (a)(1)(iv) of this section, which has the authority to ac-quire property by eminent domain under State l

20、aw, and a State Agency or person which does not have such au-thority. (ii) Displacing Agency. The term dis-placing Agency means any Federal Agency carrying out a program or project, and any State, State Agency, or person carrying out a program or project with Federal financial assist-ance, which cau

21、ses a person to be a dis-placed person. (iii) Federal Agency. The term Federal Agency means any department, Agency, or instrumentality in the executive branch of the government, any wholly owned government corporation, the Ar-chitect of the Capitol, the Federal Re-serve Banks and branches thereof, a

22、nd any person who has the authority to acquire property by eminent domain under Federal law. (iv) State Agency. The term State Agency means any department, Agency or instrumentality of a State or of a political subdivision of a State, any de-partment, Agency, or instrumentality VerDate Mar2010 10:00

23、 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-231 Office of the Secretary of Transportation 24.2 of two or more States or of two

24、 or more political subdivisions of a State or States, and any person who has the authority to acquire property by emi-nent domain under State law. (2) Alien not lawfully present in the United States. The phrase alien not lawfully present in the United States means an alien who is not lawfully presen

25、t in the United States as de-fined in 8 CFR 103.12 and includes: (i) An alien present in the United States who has not been admitted or paroled into the United States pursu-ant to the Immigration and Nation-ality Act (8 U.S.C. 1101 et seq.) and whose stay in the United States has not been authorized

26、 by the United States Attorney General; and, (ii) An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and condi-tions of admission, parole or authoriza-tion to stay in the United

27、States. (3) Appraisal. The term appraisal means a written statement independ-ently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an ade-quately described property as of a spe-cific date, supported by the presen-tation and analysis of relevant market i

28、nformation. (4) Business. The term business means any lawful activity, except a farm op-eration, that is conducted: (i) Primarily for the purchase, sale, lease and/or rental of personal and/or real property, and/or for the manufac-ture, processing, and/or marketing of products, commodities, and/or a

29、ny other personal property; (ii) Primarily for the sale of services to the public; (iii) Primarily for outdoor adver-tising display purposes, when the dis-play must be moved as a result of the project; or (iv) By a nonprofit organization that has established its nonprofit status under applicable Fed

30、eral or State law. (5) Citizen. The term citizen for pur-poses of this part includes both citizens of the United States and noncitizen na-tionals. (6) Comparable replacement dwelling. The term comparable replacement dwell-ing means a dwelling which is: (i) Decent, safe and sanitary as de-scribed in

31、paragraph 24.2(a)(8) of this section; (ii) Functionally equivalent to the displacement dwelling. The term func-tionally equivalent means that it per-forms the same function, and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwel

32、ling, the principal features must be present. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displ

33、acement dwelling, the Agency may consider reasonable trade-offs for specific features when the replacement unit is equal to or better than the dis-placement dwelling (See appendix A, 24.2(a)(6); (iii) Adequate in size to accommo-date the occupants; (iv) In an area not subject to unrea-sonable advers

34、e environmental condi-tions; (v) In a location generally not less desirable than the location of the dis-placed persons dwelling with respect to public utilities and commercial and public facilities, and reasonably acces-sible to the persons place of employ-ment; (vi) On a site that is typical in si

35、ze for residential development with nor-mal site improvements, including cus-tomary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses. (See also 24.403(a)(2); (vii) Currently available to the dis-placed person on the private market excep

36、t as provided in paragraph (a)(6)(ix) of this section (See appendix A, 24.2(a)(6)(vii); and (viii) Within the financial means of the displaced person: (A) A replacement dwelling pur-chased by a homeowner in occupancy at the displacement dwelling for at least 180 days prior to initiation of ne-gotiat

37、ions (180-day homeowner) is con-sidered to be within the homeowners VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from I

38、HS-,-,-232 49 CFR Subtitle A (10110 Edition) 24.2 financial means if the homeowner will receive the full price differential as de-scribed in 24.401(c), all increased mortgage interest costs as described at 24.401(d) and all incidental expenses as described at 24.401(e), plus any addi-tional amount r

39、equired to be paid under 24.404, Replacement housing of last resort. (B) A replacement dwelling rented by an eligible displaced person is consid-ered to be within his or her financial means if, after receiving rental assist-ance under this part, the persons monthly rent and estimated average monthly

40、 utility costs for the replace-ment dwelling do not exceed the per-sons base monthly rental for the dis-placement dwelling as described at 24.402(b)(2). (C) For a displaced person who is not eligible to receive a replacement hous-ing payment because of the persons failure to meet length-of-occupancy

41、 re-quirements, comparable replacement rental housing is considered to be with-in the persons financial means if an Agency pays that portion of the monthly housing costs of a replace-ment dwelling which exceeds the per-sons base monthly rent for the dis-placement dwelling as described in 24.402(b)(2

42、). Such rental assistance must be paid under 24.404, Replace-ment housing of last resort. (ix) For a person receiving govern-ment housing assistance before dis-placement, a dwelling that may reflect similar government housing assistance. In such cases any requirements of the government housing assis

43、tance pro-gram relating to the size of the re-placement dwelling shall apply. (See appendix A, 24.2(a)(6)(ix).) (7) Contribute materially. The term contribute materially means that during the 2 taxable years prior to the taxable year in which displacement occurs, or during such other period as the A

44、gency determines to be more equitable, a business or farm operation: (i) Had average annual gross receipts of at least $5,000; or (ii) Had average annual net earnings of at least $1,000; or (iii) Contributed at least 3313 percent of the owners or operators average an-nual gross income from all sourc

45、es. (iv) If the application of the above criteria creates an inequity or hardship in any given case, the Agency may ap-prove the use of other criteria as deter-mined appropriate. (8) Decent, safe, and sanitary dwelling. The term decent, safe, and sanitary dwelling means a dwelling which meets local

46、housing and occupancy codes. However, any of the following stand-ards which are not met by the local code shall apply unless waived for good cause by the Federal Agency funding the project. The dwelling shall: (i) Be structurally sound, weather tight, and in good repair; (ii) Contain a safe electric

47、al wiring system adequate for lighting and other devices; (iii) Contain a heating system capa-ble of sustaining a healthful tempera-ture (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system; (iv) Be adequate in size

48、with respect to the number of rooms and area of liv-ing space needed to accommodate the displaced person. The number of per-sons occupying each habitable room used for sleeping purposes shall not ex-ceed that permitted by local housing codes or, in the absence of local codes, the policies of the dis

49、placing Agency. In addition, the displacing Agency shall follow the requirements for sepa-rate bedrooms for children of the oppo-site gender included in local housing codes or in the absence of local codes, the policies of such Agencies; (v) There shall be a separate, well lighted and ventilated bathroom that provides privacy to the user and con-tains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connec