§ 24.2 - Definitions and acronyms.

§ 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 Federal Agency, State, State Agency, or person

(ii) Displacing Agency. The term displacing 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 assistance, which causes a person to be a displaced person.

(iii) Federal Agency. The term Federal Agency

means any entity utilizing Federal funds or Federal financial assistance for a project or program that acquires real property or displaces a person.

(i)

Acquiring Agency. The term acquiring Agency means a State Agency, as defined in paragraph (a)(1)(iv) of this section, which has the authority to acquire property by eminent domain under State law, and a State Agency or person which does not have such authority.

Federal agency means any department,

Agency

agency, or instrumentality in the executive branch of the

government

United States Government, any wholly owned

government

U.S. Government corporation, the Architect of the Capitol, the Federal Reserve Banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.

(

iv

ii)State

Agency. The term State Agency

agency means any department,

Agency

agency, or instrumentality of a State or of a political subdivision of a State, any department,

Agency

agency, or instrumentality of two or more States or of two or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent 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 present” in the United States as defined 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 pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and whose stay in the United States has not been authorized by the

United States Attorney General

U.S. Secretary of Homeland Security; 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

U.S. Secretary of Homeland Security or who otherwise violates the terms and conditions of admission, parole, or authorization to stay in the United States.

(3)

Appraisal

. The term appraisal

means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

(4)

Business

. The term business

means any lawful activity, except a farm operation, that is conducted:

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

(ii) Primarily for the sale of services to the public;

(iii) Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or

(iv) By a nonprofit organization that has established its nonprofit status under applicable Federal or State law.

(5)

Citizen

. The term citizen

for purposes of this part includes both citizens of the United States and noncitizen nationals.

(6)

Comparable replacement dwelling

. The term comparable replacement dwelling

means a dwelling which is:

(i) Decent, safe, and sanitary as described in

paragraph 24.2

the definition of decent, safe, and sanitary in this paragraph (a)

(8) of this section

;

(ii) Functionally equivalent to the displacement dwelling. The term functionally equivalent means that it performs the same function

,

and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, 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 displacement dwelling, the

Agency

agency may consider reasonable trade-offs for specific features when the replacement unit is equal to or better than the displacement dwelling (

See

see appendix A of this part,

§

Section 24.2(a)

(6

Comparable replacement dwelling)

)

;

(iii) Adequate in size to accommodate the occupants;

(iv) In an area not subject to unreasonable adverse environmental conditions;

(v) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and reasonably accessible to the person's place of employment;

(vi) On a site that is typical in size for residential development with normal site improvements, including customary 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 displaced person on the private market except as provided in paragraph (

a)(6)(

ix) of this

section

definition (

See

see appendix A to this part,

§

Section 24.2(a)

(6)(vii))

, definition of comparable replacement dwelling); and

(viii) Within the financial means of the displaced person:

(A) A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least

180

90 days prior to initiation of negotiations (

180

90-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full price differential as described 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

f), plus any additional amount required to be paid under § 24.404

, Replacement housing of last resort

.

(B) A replacement dwelling rented by an eligible displaced person is considered to be within his or her financial means if, after receiving rental assistance under this part, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling as described at § 24.402(b)(2).

(C) For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if an

Agency

agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds the person's base monthly rent for the displacement dwelling as described in § 24.402(b)(2). Such rental assistance must be paid under § 24.404

, Replacement housing of last resort

.

(ix) For a person receiving

government

Government housing assistance before displacement, a dwelling that may reflect similar

government

Government housing assistance. In such cases any requirements of the

government

Government housing assistance program, including fair housing, civil rights, and those relating to the size of the replacement dwelling, shall apply.

(See appendix A, § 24.2(a)(6)(ix).)(7) Contribute materially. The term contribute materially

However, nothing in this part prohibits an agency from offering, or precludes a person from accepting, assistance under a Government housing program, even if the person did not receive similar assistance before displacement, subject to the eligibility requirements of the Government housing assistance program. An agency is obligated to inform the person of his or her options under this part and the implications of accepting a different form of assistance than the assistance that the person may currently be receiving. If a person accepts assistance under a Government housing assistance program, the rules of that program apply, and the rental assistance payment under § 24.402 would be computed on the basis of the person's actual out-of-pocket cost for the replacement housing and associated utilities after the applicable Government housing assistance has been applied. In determining comparability of housing under this part:

(A) A public housing unit may qualify as a comparable replacement dwelling only for a person displaced from a public housing unit.

(B) A privately owned unit with a housing project—based rental program subsidy (e.g., tied to the unit or building) may qualify as a comparable replacement dwelling only for a person displaced from a similarly subsidized unit or public housing unit.

(C) An offer for tenant-based rental assistance, such as a HUD Section 8 Housing Choice Voucher, may be provided along with an offer of a comparable replacement dwelling to a person receiving a similar subsidy assistance or occupying a privately owned subsidized unit or public housing unit before displacement. The displacing agency must confirm that the owner will accept tenant based rental assistance before offering the unit as comparable replacement housing. (see appendix A to this part, section 24.2(a), definition of comparable replacement dwelling)

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

Agency

agency 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 331⁄3 percent of the owner's or operator's average annual gross income from all sources.

(iv) If the application of the above criteria creates an inequity or hardship in any given case, the

Agency

agency may approve the use of other criteria as determined appropriate. (

8)

See appendix A of this part, section 24.305(e))

Decent, safe, and sanitary

dwelling. The term decent, safe, and sanitary dwelling

(DSS) dwelling means a dwelling which meets

local housing and occupancy codes. However, any of the following standards which are not met by the local code shall apply unless waived for good cause by the Federal Agency funding the project. The

the requirements of paragraphs (i) through (vii) of this definition or the most stringent of the local housing code, Federal agency regulations, or the agency's regulations or written policy. The DSS dwelling shall:

(i) Be structurally sound, weather tight, and in good repair;

(A) Many local housing and occupancy codes require the abatement of deteriorating paint, including lead-based paint and lead-based paint dust, in protecting the public health and safety. Where such standards exist, they must be honored;

(B) [Reserved]

(ii) Contain a safe electrical wiring system adequate for lighting and other devices;

(iii) Contain a heating system capable of sustaining a healthful temperature (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 with respect to the number of rooms and area of living space needed to accommodate the displaced person. The number of persons occupying each habitable room used for sleeping purposes shall not exceed that permitted by the most stringent of the local housing

codes

code, Federal agency regulations or requirements,

in the absence of local codes, the policies of the displacing Agency

or the agency's regulations or written policy. In addition, the

displacing Agency

Federal funding agency shall follow the requirements for separate bedrooms for children of the opposite gender included in local housing codes or in the absence of local codes, the policies of such

Agencies

agencies;

(v) There shall be a separate, well lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub, or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system.

In the case of a housekeeping dwelling

When required by local code standards for residential occupancy, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator (see appendix A to this part, section 24.2(a), definition of DSS);

(vi) Contains unobstructed egress to safe, open space at ground level; and

(vii) For a displaced person with a disability, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such displaced person. (See appendix A of this part,

§

Section 24.2(a)

(8)(vii).)

(9) Displaced person.

, definition of DSS)

Displaced person means:

(i)

General. The term displaced person means, except

Generally. Except as provided in paragraph (

a)(9)(

ii) of this

section

definition, any person who permanently moves from the real property or moves his or her personal property from the real property. (This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements of the Uniform Act as described at

§

§§ 24.401(a) and

§

24.402(a).)

:

(A) As a direct result of a written notice of intent to acquire, rehabilitate, and/or demolish (see § 24.203(d)), the initiation of negotiations for, or the acquisition of, such real property in whole or in part for a project;

(B) As a direct result of rehabilitation or demolition for a project; or

(C) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. However, eligibility for such person under this paragraph (i)(C) applies only for purposes of obtaining relocation assistance advisory services under § 24.205(c), and moving expenses under § 24.301, § 24.302, or § 24.303.

(ii) Persons required to move temporarily. A person who is required to move or moves his or her personal property from the real property as a direct result of the project but is not required to relocate permanently. Such determination shall be made by the agency in accordance with any requirement, policy, or guidance established by the Federal agency funding the project (see appendix A to this part, section 24.2(a)). All benefits for persons required to move on a temporary basis are described in § 24.202(a).

(iii) Voluntary acquisitions. A tenant who moves as a direct result of a voluntary acquisition as described in § 24.101(b)(1) through (3) is eligible for relocation assistance when there is a binding written agreement between the agency and the owner that obligates the agency, without further election, to purchase the real property. Federal Funding agencies should develop policies identifying the types of agreements used in its programs or projects which it considers to be binding and which would therefore trigger eligibility for tenants as displaced persons. Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this paragraph (iii) until all conditions to the agency's obligation to purchase the real property have been satisfied. Provided that, the agency may determine that a tenant who moves before there is a binding agreement is eligible for relocation assistance once a binding agreement exists allowing establishment of eligibility (see appendix A to this part, section 24.2(a)).

(iv) Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part:

(A) A person who moves before the initiation of negotiations (see § 24.403(d)), unless the

Agency

agency determines that the person was displaced as a direct result of the program or project;

(B) A person who initially enters into occupancy of the property after the date of its acquisition for the project;

(C) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act;

(D)

A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by the Agency in accordance with any guidelines established by the Federal Agency funding the project (See appendix A, § 24.2(a)(9)(ii)(D));(E)

An owner-occupant who moves as a result of an acquisition of real property as described in

§§

§ 24.101(a)(2) or

24.101

(b)(1) or (2), or as a result of the rehabilitation or demolition of the real property. (However, the displacement of a tenant as a direct result of any acquisition, rehabilitation, or demolition for a Federal or federally

-

assisted project is subject to this part.);

(

F

E) A person whom the

Agency

agency determines is not displaced as a direct result of a partial acquisition;

(

G

F) A person who, after receiving a notice of relocation eligibility (described at § 24.203(b)), is notified in writing that he or she will not be displaced for a project. Such written notification shall not be issued unless the person has not moved and the

Agency

agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility;

(

H

G) An owner-occupant who conveys his or her property, as described in

§§

§ 24.101(a)(2) or

24.101

(b)(1) or (2), after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the

Agency

agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the regulations in this part;

(

I

H) A person who retains the right of use and occupancy of the real property for life following its acquisition by the

Agency

agency;

(

J

I) An owner who retains the right of use and occupancy of the real property for a fixed term after its acquisition by the Department of the Interior under

Pub. L.

Public Law 93-477, Appropriations for National Park System, or

Pub. L.

Public Law 93-303, Land and Water Conservation Fund, except that such owner remains a displaced person for purposes of subpart D of this part;

(

K

J) A person who is determined to be in unlawful occupancy prior to or after the initiation of negotiations, or a person who has been evicted for cause, under applicable law, as provided for in § 24.206. However, advisory assistance may be provided to unlawful occupants at the option of the

Agency

agency in order to facilitate the project;

(

L

K) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with § 24.208; or

(

M) Tenants required to move as a result of the sale of their dwelling to a person using downpayment assistance provided under the American Dream Downpayment Initiative (ADDI) authorized by section 102 of the American Dream Downpayment Act (Pub. L. 108-186; codified at 42 U.S.C. 12821).(10) Dwelling. The term dwelling

L) Temporary, daily, or emergency shelter occupants are in most cases not considered displaced persons. However, agencies may determine that a person occupying a shelter is a displaced person due to factors which could include reasonable expectation of a prolonged stay, or other extenuating circumstances. At a minimum, agencies shall provide advisory assistance to all occupants at initiation of negotiations. (See appendix A to this part, section 24.2(a), definition of displaced persons.)

Dwelling means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house; a single-family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a

non-housekeeping unit; a

mobile home

;

, or any other residential unit.

(11)

Dwelling site

. The term dwelling site

means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area. (See appendix A to this part,

§

section 24.2(a)

(11)

.)

(12)

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.

(13)

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

, insurance or tax credits (Low Income Housing Tax Credit) and any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.

(14)

Household income

. The term household income

means total gross income received for a 12-month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security, or the net income from a business. It does not include income received or earned by dependent children

and

under 18, or full-time students

under 18 years of age

who are students for at least 5 months of the year and are under the age of 24. (See appendix A to this part,

§

section 24.2(a)

(14)

, for examples of exclusions to income.)

(15)

Initiation of negotiations

. Unless

, unless a different action is specified in applicable Federal program regulations,

the term initiation of negotiations

means the following:

(i) Whenever the displacement results from the acquisition of the real property by a Federal

Agency

agency or State

Agency

agency, the

initiation of negotiations

term means the delivery of the initial written offer of just compensation by the

Agency

agency to the owner or the owner's representative to purchase the real property for the project. However, if the Federal

Agency

agency or State

Agency

agency issues a notice of its intent to acquire, rehabilitate, or demolish the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the

initiation of negotiations

term means the actual move of the person from the property.

(ii) Whenever the displacement is caused by rehabilitation, demolition, or privately undertaken acquisition of the real property (and there is no related acquisition by a Federal

Agency

agency or a State

Agency

agency), the

initiation of negotiations

term means the notice to the person that he or she will be displaced by the project or, if there is no notice, the actual move of the person from the property.

(iii) In the case of a permanent relocation to protect the public health and welfare, under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Pub. L. 96-510, or Superfund)

(CERCLA) the initiation of negotiations

, the term means the formal announcement of such relocation or the Federal or federally-coordinated health advisory where the Federal Government later decides to conduct a permanent relocation.

(iv) In the case of permanent relocation of a tenant as a result of

an

a voluntary-acquisition of real property described in § 24.101(b)(1)

through (5), the initiation of negotiations means the actions described in § 24.2(a)(15)(i) and (ii), except that such initiation of negotiations does not become effective, for purposes of establishing eligibility for relocation assistance for such tenants

the tenant is not eligible for relocation assistance under this part, until there is a binding written agreement between the

Agency

agency and the owner that obligates the agency, without further election, to purchase the real property. (See appendix A to this part,

§

section 24.2(a)

(15)(iv))

.

(16) Lead Agency. The term

) Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this part unless such agreements satisfy the requirements of the Federal agency providing the Federal financial assistance or until all conditions to the agency's obligation to purchase the real property have been satisfied.

Lead Agency means the Department of Transportation acting through the Federal Highway Administration.

(17)

Mobile home

. The term mobile home

(manufactured home), when used in this part, includes manufactured homes and recreational vehicles used as residences.

(See

The term manufactured home is defined at 24 CFR part 3280 (see appendix A to this part,

§

section 24.2(a)

(17

)

)

.

(18)

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.

(19)

Nonprofit organization

. The term nonprofit organization

means an organization that is incorporated under the applicable laws of a State as a nonprofit organization

,

and exempt from paying Federal income taxes under section 501 of the Internal Revenue Code (26 U.S.C. 501).

(20)

Owner of a dwelling

. The term owner of a dwelling

means a person who is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property:

(i) Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or

(ii) An interest in a cooperative housing project which includes the right to occupy a dwelling; or

(iii) A contract to purchase any of the interests or estates described in

§ 24.2(a)(1)(i) or (ii) of

this section; or

(iv) Any other interest, including a partial interest, which in the judgment of the

Agency

agency warrants consideration as ownership.

(21) Person. The term person

Owner's or tenant's designated representative means a representative designated by a property owner or tenant to receive all required notifications and documents from the agency. The owner or tenant must provide the agency a written notification which states that they are designating a representative, provide that person's name and contact information and what if any notices or information, the representative is not authorized to receive.

Person means any individual, family, partnership, corporation, or association.

(22)

Program or project

. The phrase program or project

means any activity or series of activities undertaken by a Federal

Agency

agency or with Federal financial assistance received or anticipated in any phase of an undertaking in accordance with the Federal funding

Agency guidelines.(23) Salvage value. The term salvage

agency guidelines.

Recipient means a non-Federal entity that receives a Federal award directly from a Federal agency to carry out an activity under a Federal program. The recipient is accountable to the Federal funding agency for the use of the funds and for compliance with applicable Federal requirements. The term recipient does not include subrecipients.

Reverse mortgage (also known as a Home Equity Conversion Mortgage (HECM)) means a first mortgage which provides for future payments to the homeowner based on accumulated equity and which a housing creditor is authorized to make under any Federal law or State constitution, law, or regulation. See 12 U.S.C. 1715z-20 for additional information. It is a class of lien generally available to persons 62 years of age or older. Reverse mortgages do not require a monthly mortgage payment and can also be used to access a home's equity. The reverse mortgage becomes due when none of the original borrowers lives in the home, if taxes or insurance become delinquent, or if the property falls into disrepair.

Salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer's expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be re-used or recycled when there is no reasonable prospect for sale except on this basis.

(24)

Small business

. A small business is

means a business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purposes of § 24.303 or § 24.304.

(25) State. Any

State means any of the several States of the United States or the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or a political subdivision of any of these jurisdictions.

(26) Tenant. The term tenant

Subrecipient means a government agency or legal entity that enters into an agreement with a recipient to carry out part or all of the activity funded by Federal program grant funds. A subrecipient is accountable to the recipient for the use of the funds and for compliance with applicable Federal requirements.

Temporary, daily, or emergency shelter (shelter) means any facility, the primary purpose of which is to provide a person with a temporary overnight shelter which does not allow prolonged or guaranteed occupancy. A shelter typically requires the occupants to remove their personal property and themselves from the premises on a daily basis, offers no guarantee of reentry in the evening, and in most cases does not meet the definition of dwelling as used in this part.

Tenant means a person who has the temporary use and occupancy of real property owned by another.

(27)

Uneconomic remnant

. The term uneconomic remnant

means a parcel of real property in which the owner is left with an interest after the partial acquisition of the

owner

owners'

s

property, and which the

Agency

agency has determined has little or no value or utility to the owner.

(28)

Uniform Act

. The term Uniform

or Act means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84 Stat. 1894; 42 U.S.C. 4601 et seq.), and amendments thereto.

(29)

Unlawful occupant

. A

means a person who occupies without property right, title, or payment of rent, or a person legally evicted, with no legal rights to occupy a property under State law. An

Agency

agency, at its discretion, may consider such person to be in lawful occupancy

.(30) Utility costs. The term utility costs

for the purpose of determining eligibility for assistance under the Uniform Act.

Utility costs means expenses for electricity, gas, other heating and cooking fuels, water, and sewer.

(31)

Utility facility

. The term utility facility means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and

means:

(i) Any line, facility, or system for producing, transporting, transmitting, or distributing communications, cable, television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public; any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned.

(

32) Utility relocation. The term utility

ii) The term shall also mean the utility company including any substantially owned or controlled subsidiary. For the purposes of this part the term includes those utility-type facilities which are owned or leased by a Government agency for its own use, or otherwise dedicated solely to Governmental use. The term utility includes those facilities used solely by the utility which are part of its operating plant.

Utility relocation means the adjustment of a utility facility required by the program or project undertaken by the

displacing Agency

agency. It includes removing and reinstalling the facility, including necessary temporary facilities;

acquiring

necessary right-of-way on a new location; moving, rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.

(33)

Waiver valuation

. The term waiver valuation

means the valuation process used and the product produced when the

Agency

agency determines that an appraisal is not required, pursuant to § 24.102(c)(2) appraisal waiver provisions. Waiver valuations are not appraisals as defined by the Uniform Act and this part.

(b) Acronyms. The following acronyms are commonly used in the implementation of programs subject to this regulationpart:

(1) BCIS. Bureau of Citizenship and Immigration Service DOT (U.S. Department of Transportation).

(2) FEMA . (Federal Emergency Management Agency).

(3) FHA . (Federal Housing Administration).

(4) FHWA . (Federal Highway Administration).

(5) FIRREA . (Financial Institutions Reform, Recovery, and Enforcement Act of 1989).

(6) HLR . Housing (housing of last resort).

(7) HUD . (U.S. Department of Housing and Urban Development).

(8) MIDP . Mortgage (mortgage interest differential payment).

(9) RHP . Replacement (replacement housing payment).

(10) STURAA . (Surface Transportation and Uniform Relocation Assistance Act Amendments of 1987).

(11) UA or URA . (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970).

(12) USDOT. USCIS (U.S. Department of TransportationCitizenship and Immigration Services).

(13) USPAP . (Uniform Standards of Professional Appraisal Practice).