of providing payments and assistance pursuant to the Act shall be included as part of the cost of a project for which the Federal Government furnishes financial assistance, and the State agency will be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.

(b) Relocation payments excluded from project cost where displaced person has received comparable benefits under eminent domain. No payment or assistance under the Act will be required of a State agency, or included as a program or project cost if the displaced person receives a payment required by the State law of eminent domain which is determined by the Chief of Engineers to have substantially the same purpose and effect as the payment and assistance required by the Act as set forth in this regulation. When the District Engineer is of the opinion that such situation exists, he will submit his recommendation through the Division Engineer to HQDA (DAENREH-O) Washington, D.C. 20314, for determination.

Subpart K-Application Processing and Submission to Disbursing Officer for Payment of Benefits

§ 641.251 Preparation of Preliminary Relocation Data Form.

(a) As soon as practicable after acquisition action is commenced, the Preliminary Relocation Data Form, ENG Form 4436 (appendix D) will be prepared for each owner, tenant, or other person living on the premises who is not a member of the owner's or tenant's family, for the purpose of obtaining information relative to each prospective applicant for later use in processing his application at the time of his relocation and for the purpose of being informed on the scope of relocation assistance involved. This form should be prepared prior to vacation of the property, if practicable.

(b) If the prospective applicant has not previously been furnished with information concerning benefits under title II of the Act, such information should be furnished at the time the Preliminary Relocation Data Form is prepared.

§ 641.252 Application.

(a) The application to be used in processing claims for relocation assistance is

comprised of various forms developed under the direction of the Office of Management and Budget, Proposed Standard Forms 260 through 267 (appendix E) which are under consideration for use by all Federal agencies engaged in land acquisition. These forms are self-explanatory and the District Engineer will render such assistance to the applicant as may be necessary for their completion. The application, when submitted to the District Engineer, must be accompanied by supporting invoices, receipts, or other items to substantiate payment for each item in the amount claimed.

(b) Applications for payments for benefits must be filed with the appropriate District Engineer not later than 18 months from the date full payment for the real property acquired is made by the Government, or from the date the displaced person moves from the acquired property, whichever is later. When the property is acquired by condemnation, the date on which the Government has satisfied all awards will be considered as the date of full payment. If circumstances warrant, the Chief of Engineers may authorize acceptance of a late filed application. Prior to acceptance of such an application, authorization should be requested from HQDA (DAEN-REH) Washington, D.C. 20314, with full justification.

§ 641.253 Investigation report.

Upon receipt of an application, the District Engineer will make such computations as may be necessary, ENG Form 4437 (appendix E) with respect to relocation benefits due based on the application form received and will complete the Report of Investigation, ENG Form 4438 (appendix F).

§ 641.254 Determination of relocation benefits due applicant.

After initial review of the various forms and supporting documentation comprising the application and determination of the amounts allowable, such amounts will be recorded on the Determination of Relocation Benefits Due Applicant, ENG Form 4439 (appendix G). Approval or disapproval, in whole or in part, for each element claimed will be indicated. The completed application will be forwarded with all necessary supporting documents to the appropriate disbursing officer for payment. The applicant will be advised promptly by the District Engineer of the action taken on his applica

by local interests at federally assisted projects under the provisions of titles II and III of Public Law 91-646.

§ 641.272 Reports control symbol.

RCS DAEN-RE-18 and DD-I&L (A) 1124 are assigned to reports required by § 641.273.

§ 641.273 Reporting requirements.

(a) RCS DAEN-RE-18. Detailed information concerning persons displaced from their homes, businesses or farms by Federal projects of the Department of the Army (Military and Civil Works) and the Department of the Air Force and those Federal agencies for which the Corps of Engineers acts as agent will be reported quarterly as of September 30, December 31, March 31, and June 30. The method of reporting is explained in appendix H.

(b) RCS DD-I&L (A) 1124. (1) Each Division and District Engineer will furnish the narrative comments required by paragraph 9.3 of appendix J.

(2) The following summary data will be furnished for each department (Army, AF, Civil Works, USPS, etc.):

fiscal year

(3) Summary statistical data pertaining to land and relocation costs during the fiscal year by local interests in connection with federally assisted projects will be reported. Formats contained in appendix J will be used for this purpose. § 641.274 Reporting instructions.

(a) Quarterly reports. Quarterly reports required by RCS DAEN-RE-18 will be furnished to HQDA (DAEN-REP-R) Washington, D.C. 20314, NLT the Seventh working day after the end of the reporting period.

(b) Annual reports. Annual reports required by RCS DD-I&L (A) 1124 will be dispatched in sufficient time to reach

HQDA (DAEN-REP-R) Washington, D.C. 20314, by August 1 of each year.

(c) Data transmission. Electronic transmission of punched cards by DCS Autodin is recommended and procedures outlined in Chapter 4 of ER 18-1-18 should be followed. "REP" should be punched in card columns 6-8 of the Data Header Card and "DAEN-RE-18" should be punched in card columns 25-34 of the Text Header Card.

Subpart M-Appeals

§ 641.291 Administrative review.

Procedures are set forth in this chapter, under section 213(b) of the Act for the review of the application for benefits

of any person who considers himself aggrieved by a determination as to his eligibility for payments, or the amount of such payments. Such administrative review is hereinafter designated as an "appeal." In the case of a State program or project receiving Federal financial assistance, a review by the head of the State agency is required in accordance with procedures established by said State agency which will insure fair, adequate, and prompt review of all appeals filed. § 641.292 Notice to applicant.

(a) Prompt written notice will be given to an applicant of any determination made in connection with his application. This written notice shall include a full explanation concerning any amount claimed which has been disallowed as well as an explanation of his right to appeal. Payment of any amounts determined to be due the applicant will be made promptly and the applicant will be informed that acceptance of any such amounts will not prejudice his right to appeal any determination made in connection with his application.

(b) The applicant should be advised that if he believes the decision made in connection with his application for benefits under the Act is in error, he may file an appeal with the District Engineer or with the Chief of the District Real Estate Division, in writing, within 180 days from the date of the notice of such decision, identifying any claimed errors and stating the basis for his appeal. In addition, he should be advised that he may appear or be represented by counsel at a mutually agreeable time and may submit additional information at any time prior to final action on his appeal. He should also be advised that his appeal will be considered by the District Engineer, reviewed by the Division Engineer and, if action favorable to him cannot be taken, submitted to the Office, Chief of Engineers, for final decision.

§ 641.293 Filing of appeal.

An applicant may file an appeal from a decision denying his application, or from a decision which the applicant believes to be in error in any respect. Any written objection by an applicant to a decision made on his case or to a determination of benefits due him will be considered to be an appeal and will be promptly acknowledged as such. Notwithstanding any additional correspondence or communication with the applicant, the ap

peal will be processed in accordance with these appeal procedures unless formally withdrawn by the applicant.

§ 641.294 Processing of appeals.

(a) Appeals will be processed through channels to HQDA (DAEN-REH-A). An attempt will be made to resolve the matter at each level of review. If a proposed solution at any level is satisfactory to the applicant, the case will be considered closed without further processing.

(b) After receipt of the appeal, the alleged errors cited by the applicant and any additional information furnished by him in support of his appeal will be investigated promptly by the District Engineer. A report will be prepared, which will include a brief outline of the facts upon which the application is based, the initial decision from which the applicant has appealed, the basis for appeal, the scope of the investigation, factors considered in reviewing the case, the decision on appeal, and the reasons in support thereof.

(c) The applicant shall have the right to request a conference concerning his appeal with the reviewing official concerned at any level of review and to present any evidence relevant to the appeal at any time prior to action by such official. The applicant will be promptly notified by the reviewing official as to the decision in his case at each stage of the appeal proceeding.

(d) An appeal assembly will be prepared in sufficient copies to provide one copy for the next higher level of review and two copies (including original papers where available) for submission to OCE. The assembly will have a jacket cover or heavy paper backing with a suitable fastener at the top. It will consist of the following items, which will be assembled in the order shown below with such variations or additions as circumstances may require:

(1) Report of review.

(2) Written appeal and amendments. (3) Application with attachments. (4) Pertinent correspondence in chronological order.

(5) Any other documents and information which have a significant bearing on the case.

§ 641.295 Review of appeal by the Division Engineer.

(a) The Division Engineer will review the appeal as expeditiously as possible to insure that:

(1) The District Engineer's decision on the appeal is in accordance with the law and existing regulations; and

(2) The appeal assembly contains the necessary information in support of the decision and has been assembled as required by this regulation.

(b) If the Division Engineer concura in the recommendation of the District Engineer, the assembly, with his comments and recommendations, will be promptly forwarded to HQDA (DAENREH-A). If the Division Engineer does not concur in the District Engineer's recommendation, the assembly will be returned to the District Engineer for further consideration or will be submitted to the Chief of Engineers, as may be appropriate. In the event the Division Engineer determines that favorable action is warranted on the appeal, he is authorized to direct such a solution. § 641.296

Final review of appeal by

OCE. Authority to make determinations on appeals has been delegated to the Chief of Engineers and his Director of Real Estate. If the position of the Division Engineer is not concurred in, the assembly will be returned for further consideration or for a directed solution. If the appeal is denied, the applicant will be promptly notified. This will constitute the final administrative review of the applicant's appeal and the pertinent correspondence, including a copy of the appeal assembly with original papers, will be sent to the District Engineer for filing. § 641.297 Dissemination of decisions.

Except as authorized by OCE, the District Engineer will not refer to appeal decisions in letters sent to other applicants.

PARTS 642-649-[Reserved]

PART 650-ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)

Subpart A-General

Sec.