AUTHORITY: 5 U.S.C. 301; sec. 213, Public Law 91-646, 84 Stat. 1894, 1900 (42 U.S.C. 4601, 4633).

SOURCE: 38 FR 14239, May 31, 1973, unless otherwise noted.

Subpart A-General

POLICIES AND GENERAL INSTRUCTIONS § 641.1 Purpose.

To establish policy and guidance for implementation of the Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970 (Public Law 91-646; 84 Stat. 1894), hereinafter referred to as the Act, to assure fair, equitable, and uniform treatment of persons displaced by Federal and federally assisted programs for which the Corps of Engineers has responsibility. All references in this regulation to sections or subsections are references to sections or subsections of the Act.

§ 641.2 Applicability.

This part is applicable to the Office of the Chief of Engineers (OCE) and to all Division and District Engineers having real estate responsibilities.

(b) ER 405 series of regulations.

Assistance

(c) Uniform Relocation and Real Property Acquisition Policies Act of 1970 (Public Law 91-646 approved January 2, 1971; 84 Stat. 1894), (appendix A).

(d) Title VI of the Civil Rights Act of 1964; title VIII of the Civil Rights Act of 1968 (Public Law 90-284).

§ 641.4 Basic policy and procedural requirements.

Procedures, policies, and forms prescribed in the ER 405 series of regulations relating to the acquisition of real property and interests therein will be followed except as they may be modified by the requirements of the Act and this regulation.

(a) A written notice of displacement must be given to each individual, family, business, or farm operation to be displaced. Such notice shall be served personally or by certified (or registered) first-class mail at the earliest possible time. (See appendix C.)

(b) In order to qualify for benefits under title II of the Act, as a displaced person, either of two conditions must be fulfilled:

(1) The person must have moved (or moved his personal property) as a result of the receipt of a written notice to vacate which notice may have been given before or after initiation of negotiations for acquisition of the property as prescribed by regulations. (When negotiations are initiated prior to issuance of a written notice, all persons contacted should be advised that the benefits of the Act are available only when the person moves subsequent to receipt of a written notice); or

(2) The subject real property must, in fact, have been acquired, and the person must have moved as a result of its acquisition (except in those instances covered by sections 217 and 219 of the Act). A move made after acceptance of an offer to sell (contract of purchase) but before closing is a move made as the result of acquisition of subject property.

(c) In addition, certain of the benefits provided by title II of the Act are available as follows:

(1) Whenever the acquisition of, or notice to move from, real property used for a business or farm operation causes any person to move from the other real property used for his dwelling, or to move his personal property from such other real property, such person may receive the benefits provided by sections 202 (a) and (b) and 205 of the Act.

(2) If it is determined that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, the District Engineer may offer such person relocation advisory services under section 205 (c) of the Act.

(d) For real property acquisitions under Federal law, contracts or options to purchase real property shall not incorporate provisions for making payments for relocation costs and related items in title II of the Act. Appraisers shall not give consideration to, nor include in their real property appraisals, any allowances for the benefits provided by title II. In the event of condemnation with a declaration of taking, the estimated compensation shall be determined solely on the basis of the appraised value of the real property with no consideration being given to or reference contained therein to the payments to be made under title II of the Act. Insofar as practicable, a person negotiating for the acquisition of real property will not negotiate the re

location benefits to which a displaced person may be entitled.

(e) Applications for benefits under the Act are to be made within 18 months from the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the displacing agency makes final payment of all costs of that real property, whichever is the later date. Final payment of all costs includes satisfaction of awards in condemnation proceedings. The Chief of Engineers may extend this period upon a proper showing of good cause.

(f) A displaced person who makes proper application will be paid promptly after a move and, in hardship cases, may be paid in advance.

(g) The provisions of the Act apply to the acquisition of all real property for, and the relocation of, all persons displaced by Federal programs and projects undertaken by State agencies which receive Federal financial assistance for all or part of the cost. It is immaterial whether the real property is acquired by a Federal or State agency or whether Federal funds contribute to the cost of the real property.

(h) The availability of relocation benefits in leasehold cases under Title I of the Act depends upon the circumstances under which the leasing action takes place. Persons vacating as the result of a Government order to vacate, a lease construction project, or the condemnation of a leasehold interest are entitled to benefits under Title II. The provisions of Title II do not apply to leasehold cases under any other circumstances.

[38 FR 14239, May 31, 1973, as amended at 39 FR 10124, Mar. 18, 1974]

§ 641.5 Review of activities for compliance with titles II and III.

The District Engineer shall provide for the periodic review of all Federal and federally assisted programs for which he is responsible to insure compliance with the provisions of titles II and III of the Act.

The Act became effective January 2, 1971, and applies to all persons who moved after that date from real property acquired by the Government for public use.

§ 641.8 Repeal of laws.

The Resettlement Act, 10 U.S.C. 2680, and section 301 of the Land Acquisition Policy Act of 1960, 33 U.S.C. 596, were repealed by the Act.

§ 641.9 Benefits to be determined as of date of vacation.

Where a former owner or tenant does not vacate the acquired property immediately, or such property is leased to a former owner or tenant, relocation rights will be computed as of the time the property is vacated which, under Corps policy, is not later than 2 years from the date of acquisition. Former owners and tenants of property acquired before January 2, 1971, who move therefrom after that date are limited to benefits under sections 202 and 204, Public Law 91-646. No benefits shall be paid under section 203 to any person whose property was acquired prior to January 2, 1971.

"The Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

§ 641.22 District Engineer.

The term "District Engineer" as used in this regulation means any District Engineer or his Chief of Real Estate, or where the Division Engineer handles real estate on a centralized basis, the Division Engineer or his Chief of Real Estate.

§ 641.23 Federal agency.

The term "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government (except the National Capital Housing Authority), any wholly owned Government corporation (except the District of Columbia Redevelopment Land

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Agency), and the Architect of the Capitol, the Federal Reserve Banks, and branches thereof.

§ 641.24 State/State agency.

The term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territories of the Pacific Islands, and any political subdivision thereof. The term "State agency" means the National Capital Housing Authority, the District of Columbia Redevelopment Land Agency, and any department, agency, or instrumentality of a State or of a political subdivision of a State, or any department, agency, or instrumentality of two or more States or of two or more political subdivisions of a State or States.

§ 641.25 Displacing agency.

The term "displacing agency" means a Federal agency in the case of a direct Federal project or a State agency in the case of a project receiving Federal financial assistance.

§ 641.26 Federal financial assistance.

The term "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance and any annual payment or capital loan to the District of Columbia.

§ 641.27 Person.

The term "person" means any individual, partnership, corporation, or association.

§ 641.28 Displaced person.

The term "displaced person" means any person who, on or after January 2, 1971, moves from real property, or moves his personal property from real property as a result of acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a Federal agency, or with Federal financial assistance; and solely for the purposes of sections 202 (a) and (b) and 205 of the Act, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project.

§ 641.29 Family.

A "family" means two or more individuals who are related by blood, adoption, marriage, or legal guardianship who live together as a family unit. However, if the District Engineer considers that circumstances warrant, others who live together as a family unit may be treated as if they were a family for the purpose of determining benefits under title II of the Act.

§ 641.30 Business.

The term "business" means any lawful activity, excepting a farm operation, conducted primarily:

(a) For the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(b) For the sale of services to the public;

(c) By a nonprofit organization; or

(d) Solely for the purposes of section 202(a) of the Act, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. For the purpose of section 202(c) of the Act, where a warehouse or other storage facility operated in conjunction with a business is acquired by the Government and the business is not so acquired, the warehouse or storage facility is not considered to be a business. An example is a warehouse owned by a furniture store. A lot for the storage of automobiles, which was acquired, and the related car sales business or garage which was not acquired would fall in the same category. § 641.31

Farm operation.

The term "farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

§ 641.32 Mortgage.

The term "mortgage" means such classes of liens as are commonly given

to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby.

§ 641.33 Dwelling.

"Dwelling" means the place of permanent or customary and usual abode of a person. It includes a single-family family building; a unit of a condominium or cooperative housing project; any other residential unit, including a mobile home which is either considered to be real property under State law, or cannot be moved without substantial damage or unreasonable cost or is not a decent, safe, and sanitary dwelling. [40 FR 27937, July 2, 1975]

§ 641.34 Owner.

"Owner" means a person who holds fee title, a life estate, a 99-year lease, or an interest in a cooperative housing project which includes the right of occupancy of a dwelling unit, or is the contract purchaser of any such estates or interest, or who is possessed of such other proprietary interest in the property acquired as, in the judgment of the District Engineer, warrants consideration as ownership. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance, or operation of law, the tenure of ownership, not occupancy, of the succeeding owner shall include the tenure of the preceding owner.

§ 641.35 Financial means.

Section 205(c)(3) requires that the replacement dwelling is within the financial means of the displaced individual or family. In making this determination, the average monthly rental or housing cost (e.g., monthly mortgage payments, insurance for the dwelling unit, property taxes, and other reasonable recurring related expenses) which the displaced person will be required to pay, in general, should not exceed 25 percent of the monthly gross income or the present ratio of housing payment to the income of the displaced family or individual, including supplemental payments made by public agencies. Subpart B-Assurance of Adequate Replacement Housing Prior to Displacement § 641.51 Assurance of availability.

(a) Availability. District Engineers may not proceed with any phase of a

project or authorize a State agency to proceed with any phase of a project which will cause the displacement of any person until it has been determined, or until satisfactory assurances have been received from the displacing State agency, that within a reasonable period of time prior to displacement, there will be available on a basis consistent with the requirements of title VIII of the Civil Rights Act of 1968 (Public Law 90-284), in areas generally not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary (hereinafter DSS) dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their places of employment.

(b) Support. The determination or assurances shall be based on a current survey and analysis of available replacement housing by the District Engineer. Such survey and analysis must take into account the competing demands on available housing.

(c) Waiver. In accordance with section 205 (c) (3), the Chief of Engineers may authorize the waiver of the assurances. This will be done on a case by case basis. Waivers shall be limited only to emergency or other extraordinary situations where immediate possession of real property is of crucial importance. Each waiver of assurance of replacement housing shall be supported by appropriate findings and a determination of the necessity for the waiver. Determinations so made shall be included in the annual report required by section 214.

(d) Decent, safe, and sanitary housing. A DSS dwelling is one which is found to be in sound, clean, and weather-tight condition, and which meets local housing codes. District Engineers shall be governed by the following criteria in determining if a dwelling unit is DSS. Adjustments may only be made in the cases of unusual circumstances or in unique geographical areas.

(1) Housekeeping unit. A housekeeping unit must include a kitchen with fully usable sink; a cooking stove, or connection for same; a separate complete bathroom; hot and cold running water in both the bathroom and the kitchen; an adequate and safe wiring system for lighting and other electrical services; and

heating as required by climatic conditions and local codes.

(2) Nonhousekeeping unit. A nonhousekeeping unit is one which meets local code standards for boarding houses, hotels, or other congregate living. If local codes do not include requirements relating to space and sanitary facilities,. standards will be subject to the approval of the District Engineer.

(3) Occupancy standards. Occupancy standards for replacement housing shall comply with Federal agency approved occupancy requirements or comply with local codes.

(4) Absence or inadequacy of local standards. In those instances where there is no local housing code or a local housing code does not contain certain minimum standards or the standards are inadequate, the Chief of Engineers, based on recommendations of the District Engineer, will establish such standards. § 641.52 Housing provided as

resort.

a last

When it is determined that adequate replacement housing is not available and cannot otherwise be made available, District Engineers will report the facts to the Chief of Engineers with recommendations. Such housing will be provided by the Government as a last resort.

§ 641.53 Loans for planning and preliminary expenses.

When contemplating loans for planning and other preliminary expenses authorized under section 215, District Engineers will report the facts to the Chief of Engineers with recommendations. This provision also applies in connection with federally assisted projects.

Subpart C-Moving and Related Expenses § 641.61 Eligibility.

(a) Any displaced person (including one who conducts a business or farm operation) is eligible to receive a payment for moving expenses. A person who lives on his business or farm property may be eligible for both moving and related expenses as a dwelling occupant in addition to being eligible for payments with respect to displacement from a business or farm operation.

(b) Any person who moves from real property or moves his personal property from real property as a result of the acquisition of such real property, in whole or in part, or as a result of a written notice of the acquiring agency to