[Title 44 CFR 220] [Code of Federal Regulations (annual edition) - October 1, 1996 Edition] [Title 44 - EMERGENCY MANAGEMENT AND ASSISTANCE] [Chapter I - FEDERAL EMERGENCY MANAGEMENT AGENCY] [Subchapter D - DISASTER ASSISTANCE] [Part 220 - TEMPORARY RELOCATION ASSISTANCE] [From the U.S. Government Publishing Office]44 EMERGENCY MANAGEMENT AND ASSISTANCE 1 1996-10-01 1996-10-01 false TEMPORARY RELOCATION ASSISTANCE 220 PART 220 EMERGENCY MANAGEMENT AND ASSISTANCE FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER ASSISTANCE PART 220--TEMPORARY RELOCATION ASSISTANCE--Table of Contents Temporary Relocation Sec. 220.1 Purpose. 220.2 Definitions. 220.3 Program intent. 220.4 Duplication of benefits. 220.5 Site specific plan. 220.6 Applications. 220.7 Eligibility criteria. 220.8 Eligible categories of assistance. 220.9 Ineligible categories. 220.10 Site security. 220.11 Fair market rent guidelines. 220.12 Transfer of occupants. 220.13 Personal property acquisition. 220.14 Floodplain management guidelines. 220.15 Effective date of assistance. 220.16 Termination of assistance. 220.17 Cost sharing. 220.18 State administration of temporary relocation assistance. 220.19 Reports. Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 3 CFR, 1987 Comp., p. 193. Source: 54 FR 3034, Jan. 23, 1989, unless otherwise noted. Temporary Relocation Sec. 220.1 Purpose. This regulation prescribes the policies to be followed by the Federal Emergency Management Agency (FEMA) or any State or local government when implementing Temporary Relocation Assistance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 9601, et seq., also known as Superfund. Sec. 220.2 Definitions. Cost Share means the portion of the allowable project cost which is not derived from Federal assistance. Evacuation means the emergency relocation of threatened individuals from an area. This activity is normally carried out by the State as part of its public health and safety responsibility. Fair market rent means a reasonable amount to pay in the local area for the size and type of accommodations provided. (The formula is provided in Sec. 220.11of this part.) Household means the residents of the pre-incident residence who are offered Temporary Relocation Assistance. It includes any authorized additions during the temporary housing period, such as children, spouses, or part-time residents who were not present at the time of the announcement, but who are expected to return during the temporary housing period. Occupant means an eligible applicant residing in temporary housing. Primary residence means the dwelling where the applicant normally resides during the major portion of the calendar year, or a dwelling which is required because of proximity to employment. Transient accommodations means hotels, motels or other similar accommodations which are utilized to assist eligible applicants who require temporary housing for only a short period [[Page 505]] of time, or who require such assistance pending provision of another temporary housing resource. Transient accommodations may be provided for up to 30 days unless this period is extended by the FEMA Regional Director or official designee. Sec. 220.3 Program intent. Temporary Relocation Assistance is provided to eligible individuals, identified by EPA, who are displaced from their primary residence in connection with a hazardous substance response action, to relocate for their own health and safety, and/or to allow the EPA, or its agents to conduct clean-up activities. It is not intended to totally compensate these individuals for all expenses and losses associated with contamination of the site on which they reside. Assistance covers reasonable living expenses that are additional to the living expenses which existed prior to the relocation. Applicants are eligible only for categories of assistance where additional expenses are actually incurred. Nine categories of eligible assistance, designed to pay costs directly related to the temporary relocation program include: (a) Temporary housing in locally available private rentals; (b) subsistence payments for individuals placed in transient accommodations; (c) furniture assistance when individuals are placed in unfurnished temporary housing, or when the furniture at the permanent residence is contaminated; (d) transportation of household goods to temporary and back to permanent residence; (e) utility subsidy covering the costs for primary residence; (f) utility connection costs at the temporary housing residence; (g) kennel costs; (h) personal property purchase or decontamination costs; and (i) other expenses directly related to the relocation. The establishment of these categories of assistance does not prohibit advance of funds or establishment of fixed funding rates for certain categories of assistance, when it is determined to be appropriate and cost-effective. Sec. 220.4 Duplication of benefits. FEMA has determined that Temporary Relocation Assistance shall not be provided to an applicant if such assistance or its equivalent is received from any other source. This also prohibits duplication of benefits by receipt of temporary relocation assistance, and permanent relocation under CERCLA, or any disaster assistance. If any State or local government or volunteer agency is providing assistance for the same purpose as temporary relocation assistance, temporary relocation assistance under CERCLA, as amended, shall not begin until such other assistance is terminated. In the instance of insured applicants, assistance shall not be provided if insurance proceeds are available, unless there is a delay by the insurer in determining whether the proceeds will be available; there is ample reason to believe that payment of the proceeds may be significantly delayed; such proceeds have been exhausted; or, the proceeds are insufficient to provide the full cost of relocation benefits. Prior to provision of assistance, the insured applicant shall agree to repay FEMA from insurance proceeds he/ she receives for additional living expenses, an amount equivalent to the assistance provided, or that portion of insurance proceeds, whichever is less. Sec. 220.5 Site specific plan. Each FEMA regional office must prepare a site specific Temporary Relocation Plan to be approved by the Regional Director or his or her official designee. The approved plan shall be submitted to the Assistant Associate Director, Disaster Assistance Programs (DAP), for review within seven days of signing an IAG with EPA. The Assistant Associate Director, DAP, or official designee, assumes Regional Director responsibilities when Headquarters is implementing temporary relocation. The requirements of the plan are outlined in Sec. 220.18. Sec. 220.6 Applications. Applications for Superfund Temporary Relocation Assistance under CERCLA, as amended, shall be accepted throughout the relocation period identified by EPA. Members of each household shall be included on a single application. Household members shall [[Page 506]] be provided a safe, sanitary and secure residence. (Approved by the Office of Management and Budget under OMB Control Number 3067-0168) Sec. 220.7 Eligibility criteria. Temporary Relocation Assistance may be made available to those individuals displaced from this primary residence as a result of a determination by EPA that relocation is necessary. Temporary Relocation Assistance for a particular site shall be available only in the area identified by EPA through property addressed, site map or names of families. Sec. 220.8 Eligible categories of assistance. The following categories of assistance may be provided, based on individual needs: (a) Temporary housing. This may include locally availble private rentals (houses and apartments), including hotels/motels (transient or other accommodations). Sharing of accommodations with family and friends is an allowable form of assistance only when an eligible applicant elects it as his/her form of assistance. FEMA will pay fair market value for existing resources in accordance with the criteria in Sec. 220.11 of this part. When authorized by the FEMA Regional Director, security deposits may be paid. Pet fees/deposits are authorized. All deposits must be recovered from the owner/agent or occupant, before or at the time that assistance is terminated. Cleaning fees and laundry fees at the temporary housing residence are the responsibility of the occupant(s). (b) Subsistence payment. A daily allotment may be provided to cover additional costs such as food and laundry expenses, when individuals are placed in hotels/motels or other transient accommodations. Allotment shall be based on the Federal per diem rate, when FEMA administers the program. (c) Furniture assistance. When it is impractical to move furniture to the temporary housing or when EPA has determined that furniture is contaminated, essential furniture may be provided to eligible occupants of unfurnished temporary housing. Furniture items are provided on a loan basis for the duration of the temporary relocation. Items provided shall be of average construction and quality. Luxury items shall not be provided. Furniture rental assistance may be handled by direct reimbursement, or advancement of funds. Receipts must be provided by the applicant. Items are to be provided in accordance with family size and needs, and include: 1 Sofa 1 Living room chair 1 Coffee table 2 End tables 2 Table lamps 1 Dining table \1\ Dining chairs 1 Range 1 Refrigerator \1\ Double bed (Mattress, box springs, frame) \1\ Single bed (Mattress, box springs, frame) \1\ Crib w/mattress \1\ Bunk bed set 1 Night table (per bedroom) 1 Table lamp (per bedroom) \1\ Chest of drawers 1 Television (Maximum 19") \1\ One per person. (d) Expenses for transportation of household goods. This shall include the reasonable cost of moving to temporary housing and back to the primary residence or to another permanent residence. It shall also include one move to a permanent residence when the individuals displaced decide to forego a move to temporary housing and move to permanent housing instead. (e) Utility subsidy. Costs for essential utilities at the primary residence, only during the period of temporary housing, may be authorized since these costs are additional to utility costs at the temporary housing resource, which are the responsibility of the occupant. Payment for essential utilities shall include gas, electricity, oil, water, sewer, and telephone. If cost effective, winterization costs may be paid as an alternative or in conjunction with the utility subsidy. this must be approved by the FEMA Regional Director or his/her representative. When permanent relocation is also authorized, utilities at the unoccupied primary residence should be disconnected, when practical, [[Page 507]] eliminating the need for utility subsidy. (f) Utility connection costs. If the costs of connecting and/or disconnecting utilities cannot be waived by utility companies, the costs for connecting or disconnecting the essential utilities at the temporary housing residence shall be paid. Also, if cost effective when compared to utilities subsidy, reconnection costs shall be paid at the primary residence. (g) Kennel costs. When necessary, payment of actual reasonable kennel and pasturing costs shall be authorized. (h) Personal property. Contaminated personal property shall be decontaminated or acquired by FEMA or its agent when EPA specifically determines the need for decontamination or acquisition as part of temporary relocation. Only reasonable actual expenditures shall be paid for decontamination of property, excluding applicant labor. (i) Other expenses directly related to relocation. When appropriate, the Regional Director may recommend that such other expenses directly related to the temporary relocation become eligible. This request must be approved by the Assistant Associate Director, Disaster Assistance Programs. Sec. 220.9 Ineligible categories. The following items shall not be eligible for payment under Temporary Relocation Assistance: (a) Rental payments or mortgage payments for homes owned by the eligible applicant; (b) Business losses. This does not prohibit use of a temporary housing residence for a home business. However, additional costs necessitated by the operation of a home business are not authorized; (c) Personal transportation costs; (d) Insurance premiums for the temporary housing unit and the primary residence; and (e) Cleaning fees and laundry fees at the temporary relocation residence. Sec. 220.10 Site security. The EPA is responsible for site security. Sec. 220.11 Fair market rent guidelines. At each site, fair market rent guidelines for each size residence shall be established by averaging the cost of available residences per bedroom size for each locality where temporary housing will be provided. Where privately owned mobile homes are to be used, a separate guideline shall also be developed. Guidelines for hotel, motel and other short- term resources shall be developed only when there is a substantial variance in price among the available supply. The purpose of these fair market rent guidelines is to prevent development of an inflated rental market resulting from the incident and to insure cost-effectiveness. These guidelines reflect the desired maximum payment. Use of resources more costly than the guidelines may be authorized by the FEMA Regional Director or official designee for full payment only when other existing resources are not available. When less than 10 families are being relocated, fair market rent guidelines may be established by a less time-consuming means, e.g., using an estimate provided by real estate agencies or conducting a sampling instead of a comprehensive survey. Sec. 220.12 Transfer of occupants. (a) Transfers requested by occupants. Occupants who request to transfer from one temporary housing unit to another, solely for their own convenience or for reasons necessitated through their fault, shall be responsible for all expenses associated with the move, including any increase in temporary housing rent. (b) Transfers for other reasons. If FEMA initiates a transfer or if a transfer is necessitated for reasons which are not the fault of an occupant, all essential costs of the move shall be paid by FEMA. Such transfers shall be conducted in a manner that will cause minimum inconvenience to the occupants. Sec. 220.13 Personal property acquisition. Personal property identified by EPA as contaminated and unable to undergo a successful process of decontamination will be purchased. Such purchase will be contingent upon authorization [[Page 508]] in the site-specific interagency agreement. Possession or ownership of the acquired personal property shall pass directly to EPA from the seller. The acquisition of personal property shall be conducted along the following lines: (a) An inventory of eligible personal property shall be prepared to include the manufacturer's name, model number and other information which might assist in establishing the quality and value of the property to be acquired. (b) Payment shall be made for replacement value of similar items. With regard to valuable antiques, owners shall be paid whatever benefits they would have received if this loss had been exclusively covered by their homeowners insurance policy. If they do not have homeowners insurance for personal property, owners shall be paid the cost of replacement with an item of similar quality with the same functional use. (c) An appraisal shall be required in all instances. (d) Based on the appraisal, FEMA shall present the initial offer to acquire to the temporary relocation applicant. The offer to acquire shall be in writing and will include a list of items to be purchased. The total value of the listed items will be presented in the offer. (e) A written sales contract shall specify what is being purchased and the terms and conditions of the sale, as well as the responsibilities of the seller. (f) When negotiations fail, after a reasonable effort by both parties, an individual who disputes the amount of the offer to acquire shall have the right to submit a written appeal to the Regional Director. The Regional Director shall make a final decision concerning the offer to acquire within 10 business days from receipt of the written appeal. The decision of the Regional Director is final. (g) FEMA may not move an applicant's contaminated furniture to the temporary relocation residence. (h) FEMA shall not be responsible for management and/or disposition of the acquired property. Sec. 220.14 Floodplain management guidelines. FEMA has determined that placement of families in existing resources under Temporary Relocation Assistance is exempt from the floodplain management requirements of part 9 in 44 CFR 9.5(c)(14), Floodplain Management and Protection of Wetlands. However, efforts shall be made to use existing resources outside of the floodplain when possible and families shall be notified in writing when they are referred by FEMA to existing resources which are in the floodplain. Referrals shall not be made to existing resources in the floodplain within communities which are not participating in the National Flood Insurance Program. Sec. 220.15 Effective date of assistance. The effective date of assistance is the date the applicant obtains his/her own authorized accommodations or the date FEMA provides other relocation assistance. Temporary Relocation Assistance may be provided as of the date identified by EPA in the FEMA/EPA Interagency Agreement. Sec. 220.16 Termination of assistance. Termination of temporary housing may be initiated with a 30-day written notice, after which the occupant shall be liable for such additional charges as are deemed appropriate by the Regional Director including, but not limited to, the fair market rental for the temporary housing residence. Termination may be in the form of eviction from temporary housing (if FEMA leased the housing) or termination of financial assistance (if cash payment is made to the occupant). (a) Grounds for termination. Temporary housing (including transient accommodations) may be terminated for reasons, including, but not limited to, the following: (1) A determination has been made by EPA that the residence from which the occupant was displaced is now available for occupancy. (2) FEMA has determined that the temporary housing occupant has failed to comply with the terms of the lease or reimbursement agreement. [[Page 509]] (3) An offer for permanent acquisition of the housing from which the individual has been displaced has been made (and the time period for temporary housing allocated by FEMA's permanent relocation plan for the specific location involved has passed). This includes an offer of relocation assistance, if appropriate. (4) The temporary housing occupant has failed to take due care of the temporary dwelling. (5) FEMA has determined that temporary housing was obtained through misrepresentation or fraud. (6) The temporary housing occupant has failed to pay utilities or other charges, responsibility for which has been assigned by the lease or reimbursement agreement. (7) FEMA has determined that the temporary housing occupant has permanently relocated to a new location. (b) Termination procedures. These procedures shall be utilized in all instances, except when a State is administering the Temporary Relocation Assistance Program. States shall be subject to their own procedures provided they afford the occupant(s) due process safeguards described in paragraph (b)(5)(iv) of this section. (1) Notification of occupants. Written notice shall be given by FEMA (or the entity designated to administer the program) to the occupant(s) at least 30 days prior to the proposed termination of assistance. This notice shall specify: The reasons for termination of assistance/ occupancy; the date of termination, which shall not be less than 30 days after receipt of the notice; the administrative procedure available to the occupant(s) if he/she wishes to dispute the action; and the occupant's liability after the termination date for additional charges. Exception: Where the temporary housing occupants have been informed in writing, prior to receiving assistance from FEMA that the duration of the temporary housing assistance will be 30 days or less, there is no requirement for a written notice. The notice of the limited duration of such assistance or occupancy will also serve as notice of termination of the assistance for occupancy. Those occupants will be notified by telephone or personal conversation as to the exact date of termination of assistance. If occupying FEMA-leased housing, occupants shall be required to leave within 24 hours from the time of the conversation regarding termination. (2) Filing of appeal. If the occupant desires to dispute the termination of temporary housing assistance, upon receipt of the written notice specified in paragraph (b)(1) of this section, he/she shall present the appeal in writing to the appropriate FEMA office in person or by mail within 5 business days. The appeal must be signed by the occupant and state the reasons why the assistance or occupancy should not be terminated. If a hearing is desired, the appeal should so state. (3) Response to appeal. If a hearing pursuant to paragraph (b)(2) of this section has not been requested, the occupant will be deemed to have waived the right to a hearing. Under such circumstances, the appropriate FEMA official shall deliver or mail a written response to the occupant within 5 business days after the receipt of the appeal. (4) Request for a hearing. If the occupant requests a hearing pursuant to paragraph (b)(2) of this section, FEMA shall schedule a hearing date within 10 days from the receipt of the appeal, at a time and place reasonably convenient to the occupant, who shall be notified promptly thereof in writing. The notice of hearing shall specify the procedure governing the hearing. (5) Hearing--(i) Hearing officer. The hearing shall be conducted by a Hearing Officer who shall be designated by the FEMA Regional Director, and who shall not have been involved with the decision to terminate the occupant's temporary housing assistance, nor be a subordinate of any individual who was so involved. (ii) Due process. The occupant shall be afforded a fair hearing and provided the basic safeguards of due process, including cross- examination of the responsible official(s), access to the documents on which FEMA is relying, the right to counsel at his/her expense, the right to present evidence, and the right to a written decision. (iii) Failure to appear. If an occupant fails to appear at a hearing, the Hearing Officer may make a determination that the occupant has waived his/her right to a hearing, or may, for good [[Page 510]] cause shown, postpone the hearing for no more than 5 business days. (iv) Proof. At the hearing, the occupant must first attempt to establish that continued assistance is appropriate; thereafter, FEMA must sustain the burden of proof in justifying that the termination is appropriate. The occupant shall have the right to present evidence and arguments in support of his/her complaint, to disprove evidence relied on by FEMA, and to confront in a reasonable manner and cross-examine all witnesses on whose testimony or information FEMA relies. The hearing shall be conducted by the Hearing Officer and any evidence pertinent to the facts and issues raised may be received without regard to its admissibility under rules of evidence employed in formal judicial proceedings. (6) Decision. The decision of the Hearing Officer shall be based solely upon applicable Federal and State law, and FEMA regulations and requirements promulgated thereunder. The Hearing Officer shall prepare a written decision setting forth a statement of findings and conclusions together with the reasons therefore, concerning all material issues raised by the complainant within five business days after the hearing. The decision of the Hearing Officer shall be binding on FEMA which shall take all actions necessary to carry out the decision or refrain from any actions prohibited by the decision, unless the FEMA Regional Director determines and notifies the complainant in writing within 30 days, or such additional time as FEMA may for good cause allow, that the decision of the Hearing Officer is not supportable. (i) If the determination is to evict, the decision shall include a notice to the occupant that he/she must vacate the premises within three days of receipt of the written notice or on the termination, as required in paragraph (b) of this section, whichever is later. If the occupant does not quit the premises, appropriate action shall be taken and, if suit is brought, the occupant may be required to pay court costs and attorney fees. (ii) If the determination is to terminate financial assistance, such assistance shall be terminated in accordance with the original notice given pursuant to paragraph (b)(1) of this section. If the occupant is required to give a specific number of days notice to the landlord which exceeds the number of days in the termination notice, the Regional Director, may approve the payment of rent for this period of time if requested by the occupant. Sec. 220.17 Cost sharing. State cost sharing, during a temporary relocation, will be required when the temporary relocation is determined to be a remedial action. The cost sharing policies are outlined in the Superfund Cost Share Eligibility Criteria for Permanent and Temporary Relocation, 44 CFR part 222. Sec. 220.18 State administration of temporary relocation assistance. When administering this program, the State must comply with FEMA regulations and policies. The State shall maintain adequate documentation to enable analysis of the program in accordance with regulations, manuals, handbooks and guidance. (a) Site specific plan. When it is agreed that a State will adminster all or part of temporary relocation activity, the State must submit a site-specific Temporary Relocation Assistance Plan for approval by the Regional Director or official designee within seven days of the signing of the FEMA/State Cooperative Agreement. This plan shall include the items listed below, as appropriate: (1) Budget and estimated outlay schedule, and allocation advice; (2) Time frames within which tasks will be completed; (3) Assignment of relocation responsibilities to State and/or local officials or agencies; (4) Method for notifying affected residents and taking applications; (5) Method for developing fair market rent guidelines; (6) Requirement for transient accommodations; (7) Amount of food subsidy and the method for development of same; (8) Policy for paying utility subsidy and/or connection costs; (9) Method for providing site security; [[Page 511]] (10) Method for payment for acquisition of contaminated personal property, when required by FEMA; (11) Termination procedures; (12) Contracting procedures; (13) Quality control procedures; (14) Documentation and control system provisions; and (15) Arrangements for program review. (Approved by the Office of Management and Budget under OMB Control Number 3067-0156) (b) Authorized costs. All expenditures associated with administering the relocation activity are authorized if in compliance with this part, applicable FEMA/State Cooperative Agreements, OMB Circular A-87 Revised, Costs Principles for State and Local Governments (46 FR 9548), OMB Circular A-102 Revised and FEMA regulations on Uniform Administrative Requirements for Grants and Cooperative Agreements (44 CFR part 13), and other FEMA regulations, as applicable. (c) Federal monitoring and oversight. The Regional Director shall monitor State-administered activities since he/she remains responsible for the delivery of Temporary Relocation Assistance. In addition, policy guidance and interpretations to meet specific needs of an incident shall be provided through the oversight function. As determined necessary by FEMA, monitoring and oversight functions shall include on-site program reviews. (d) Technical assistance. The Regional Director shall provide technical assistance as necessary to support State-administered operations through training, policies and regulations and through the use of personnel for technical assistance to the State or local staff. (e) Audits. The State shall conduct a program review of each operation. All site-specific activities are subject to Federal audit. Sec. 220.19 Reports. The Associate Director for State and Local Programs and Support and the Regional Director may require from field operations such reports, plans and evaluations as they deem necessary to carry out their responsibilities under these regulations.