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and sanitary housing is not available and cannot otherwise be made available, the State may provide such housing by methods which include but are not limited to the following:

(1) The purchase of land and/or existing dwellings. The procedure for such acquisitions shall be in compliance with requirements and procedures of the Federal Highway Administration concerning appraisal, appraisal review, and negotiations.

(2) The rehabilitation of existing dwellings to meet decent, safe and sanitary requirements. No existing dwellings may be acquired as replacement housing if the cost of acquisition and/or rehabilitation exceeds the estimated cost of constructing a new comparable dwelling meeting the decent, safe and sanitary requirements of the relocatees that can be constructed on a timely basis.

(3) The relocation and, if necessary, the refurbishing or rehabilitation of dwellings purchased by the State for right-of-way purposes.

(4) The construction of new dwellings. (5) The transfer from the General Services Administration to the State of any real property surplus to the needs of the United States. Such transfer shall be subject to such terms and conditions as the General Services Administration determines necessary to protect the interest of the United States and may be made without monetary consideration, except that the State shall pay to the United States all amounts received by the State from any sale, lease, or other disposition of such property used for replacement housing purposes.

(f) Ownership or tenancy status. It is the responsibility of the State to provid a replacement dwelling which places t displacee in the same ownership tenancy status as he had prior to placement. The State is not obligat provide a dwelling which change ownership or tenancy status relocatee unless such a dwelling able or can be provided more cally.

(g) Owner retention. The housing procedures are g applicable when compar meeting decent, safe an quirements is obtained b through owner retention replacement housing p he is eligible is with $4,000, for the 180

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(a) All of the following activi be programmed and authorized resort housing project:

(1) Preliminary study. Wher location information required corridor public hearing, the envi tal impact statement, or any inf developed at a later date, indica a sufficient supply of comparable ment housing may not be avai all residents on the approved the State may submit a request gram approval to proceed with nary studies as required by S Either at time of program app subsequently, the division engin issue a letter of authorization State to proceed with the studi (2) Plan. If the analysis of liminary studies indicates that resort housing plan is requir FHWA concurs, the developme replacement housing plan shall thorized in dance with the ments of

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2. Upon appr sing plan, FF te to proce action.

retention method ding such methot e economical than

mming and author

lowing activities st d authorized as a ect:

study. When the: on required for t ing, the environme , or any informati date, indicates t comparable replas not be available t approved locat ta request for p oceed with prelim aired by $740.1 ogram approval sion engineer horization to t the studies. alysis of the pr cates that al is required, an evelopment of lan shall be a with the require

pon approve plan, FH

procee

(10) Any direct costs of providing last
resort housing incurred by a State high-
way department, political subdivision, or
local public agency.

(b) Federal share. Federal reimburse-
ment for the costs of last resort housing
shall be determined in accordance with
the appropriate Federal pro-rata share
of funds involved or the maximum re-
imbursement prescribed by the Federal
law in effect when the project costs
were obligated. Federal-aid funds will
not participate until the State is in com-
pliance with provisions of the current
governing FHWA relocation assistance
and payments policies and procedures.
§ 740.116 Preliminary housing studies.

(a) Inventory of replacement hous-
ing. Whenever, in connection with the
planning, development or execution of a
Federal or federally assisted project, it
appears that a sufficient supply of com-
parable decent, safe and sanitary re-
placement housing may not be avail-
able to satisfy the requirements of 42
U.S.C. 4601 et seq., or that such hous-
ing is not available on a nondiscrimina-
tory or fair housing basis, the State shall
undertake the following, using existing
data
plementing it where nec-
essa
rtain more precisely the
et housing:

timing of the highway proje be taken into consideration ing the inventories.

(b) Analysis of inventorie shall correlate and analyze t tion contained in the above If last resort housing funds utilized, this analysis must show that the project cannot actual construction because replacement or rental of dece sanitary housing is not reason ipated to be available and made available.

§ 740.117 Replacement housi

(a) Plan requirements. If t of the information gathered ance with § 740.116 indicates construction of last resort hous essary, the State shall develo to be developed such a plan d produce comparable decent, sanitary replacement housin development of the plan, inno proaches and methods for the of suitable replacement housin couraged. A detailed analysis of of each displacee shall be when planning the type of hou essary to meet these needs. shall include:

(1) A statement that the met posed in the plan to provide co decent, safe and sanitary repi housing can be legally accompl accordance with State law.

(2) How, when and where hous be provided.

(3) The environmental suitabil the location of the proposed housi (4) The environmental impact o proposed housing.

(1) Where the replacement ho plan shows that not more than 100 of last resort housing must be pro the discussion of the environm effects of such housing in the rep ment housing plan would ordinarily port a negative declaration under eral Highway Administration en mental requirements that the pro housing project does not signifi affect the quality of the human en ment unless the project is controv

(ii) Housing projects of more th units may significantly affect the o of human environment and henc require an environmental impact ment as required by Federal Hi Administration Environmental r ments. If the proposed housing

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1.

and sanitary housing is not available and cannot otherwise be made available, the State may provide such housing by methods which include but are not limited to the following:

(1) The purchase of land and/or existing dwellings. The procedure for such acquisitions shall be in compliance with requirements and procedures of the Federal Highway Administration concerning appraisal, appraisal review, and negotiations.

(2) The rehabilitation of existing dwellings to meet decent, safe and sanitary requirements. No existing dwellings may be acquired as replacement housing if the cost of acquisition and/or rehabilitation exceeds the estimated cost of constructing a new comparable dwelling meeting the decent, safe and sanitary requirements of the relocatees that can be constructed on a timely basis.

(3) The relocation and, if necessary, the refurbishing or rehabilitation of dwellings purchased by the State for right-of-way purposes.

(4) The construction of new dwellings. (5) The transfer from the General Services Administration to the State of

any real property surplus to the needs of the United States. Such transfer shall be subject to such terms and conditions as the General Services Administration determines necessary to protect the interest of the United States and may be made without monetary consideration, except that the State shall pay to the United States all amounts received by the State from any sale, lease, or other disposition of such property used for replacement housing purposes.

(f) Ownership or tenancy status. It is the responsibility of the State to provid a replacement dwelling which places t displacee in the same ownership tenancy status as he had prior to d placement. The State is not obligated provide a dwelling which changes ownership or tenancy status of relocatee unless such a dwelling is able or can be provided more eco cally.

(g) Owner retention. The las housing procedures are gener applicable when comparable meeting decent, safe and sa quirements is obtained by th through owner retention if t replacement housing paym he is eligible is within t $4,000, for the 180- or

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(a) All of the following acti be programmed and authorize resort housing project:

(1) Preliminary study. Whe location information required corridor public hearing, the en tal impact statement, or any in developed at a later date, indi a sufficient supply of comparabl ment housing may not be ava all residents on the approved the State may submit a reques gram approval to proceed with nary studies as required by Either at time of program ap subsequently, the division engi issue a letter of authorizatio State to proceed with the stud

(2) Plan. If the analysis of liminary studies indicates tha resort housing plan is requi FHWA concurs, the developm replacement "sing plan shal thorized i ments of

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