25 C.F.R. Subpart D—Moving and Related Expenses, Temporary Emergency Moves
Title 25 - Indians
(a) General. All certified eligible heads of household are eligible for moving and related expenses as prescribed in this subpart. A certified eligible head of household who lives on his/her business or farm property may be eligible for both a payment as a dwelling occupant and a payment with respect to the business or farm operation. (b) Least costly approach. The amount of payment for an eligible expense under this subpart shall not exceed the least costly method, as determined by the Commission, of accomplishing the objective of the payment without causing undue hardship to the certified eligible heads of household. (c) Prior approval. Written approval of the Commission must be obtained for all moving and search expenses in this subpart. Such approval shall be obtained by each certified eligible head of household prior to incurring any expense from the real estate specialist to whom the case is assigned. If prior approval and the amount thereof is not obtained from the Commission, the Commission thereafter will determine: (1) Whether the travel was required and the expenses reasonable and; (2) The amount of reimbursement to be paid, if any. Subject to the limitations contained in this subpart, a certified eligible head of household is entitled to actual reasonable expenses for— (a) Transportation computed at prevailing federal per diem and mileage allowance schedules, meals and lodging away from home required by the Commission. (b) Transportation computed at prevailing federal per diem and mileage allowance schedules of the household and personal property from the acquired site to the replacement site. (c) Packing, crating, unpacking and uncrating of the personal property. (d) Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances, and other personal property; (e) Storage of the personal property, not to exceed one year unless extended by the Commission. (f) Insurance of the personal property in connection with the move and necessary storage; and (g) Other moving related expenses that are not listed as ineligible under §700.165, as the Commission determines to be reasonable and necessary. (a) A certified eligible head of household is entitled to actual reasonable expenses incurred in the search for a replacement dwelling. (b) Transportation, meals and lodging when required to be away from home by the Commission, computed at prevailing federal per diem and mileage allowance schedules. (a) Eligible costs. Subject to the limitations of §700.151(c) a certified eligible business, farm operation or nonprofit organization is entitled to payment for actual reasonable expenses for: (1) Transportation of personal property from the acquired site to the replacement site. (2) Packing, crating, unpacking, and uncrating the personal property. (3) Disconnecting, dismantling, removing, reassembling and installing relocated and substitute machinery, equipment, and other personal property. This includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; (4) Storage of the personal property; (5) Insurance of personal property in connection with the move and necessary storage; (6) Any license, permit or certification required by the displaced person, to the extent such cost is (i) necessary to its re-establishment at the replacement location and (ii) does not exceed either the cost for one year or for the remaining useful life of the existing license, permit, or certification, whichever is less; (7) Professional services, including architect's, attorney's and engineer's fees, and consultant's charges, necessary for (i) planning the move of the personal property, (ii) moving the personal property, or (iii) installing the relocation personal property at the replacement location. (8) Relettering signs and printing replacement stationery made obsolete as a result of the move; (9) Actual direct loss of personal property; (10) Purchase of substitute personal property; (11) Searching for a replacement location; (12) Other moving-related expenses that are not listed as ineligible under §700.165. (b) Self-move. If the displaced person self-moves his business, farm operation, or nonprofit organization, the Commission may approve a payment for his moving expenses in an amount not to exceed the lowest acceptable bid or estimate obtained by the Commission, without submission of documentation of moving expenses actually incurred. (c) Notification to Commission and inspection. To be eligible for a payment under this section, the displaced person shall permit the Commission to make reasonable and timely inspections of the personal property at the displacement and replacement sites. (a) General. A certified eligible business is entitled to payment for actual direct loss of an item of tangible personal property incurred as a result of moving or discontinuing his business, farm operation, or nonprofit organization. The payment shall consist of the reasonable costs incurred in attempting to sell the item plus the less of— (1) The fair market value of the item for continued use at the acquired site, less the proceeds from its sale. (When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling price); or (2) The estimated cost of moving the item, but with no allowance for storage. (If the business, farm operation or nonprofit organization is discontinued, the estimated cost shall be based on a moving distance of 50 (fifty) miles.) (b) Advertising sign. The amount of a payment for direct loss of an advertising sign, which is personal property, shall be the lesser of— (1) The depreciated reproduction cost of the sign as determined by the Commission, less the proceeds from its sale; or (2) The estimated cost of moving the sign. (c) Sales effort. To be eligible for payment for direct loss of personal property, the claimant must make good faith effort to sell the personal property, unless the Commission determines that no such effort is necessary. (d) Transfer of ownership. To be eligible for payment for direct loss of personal property, the claimant shall transfer to the Commission ownership of the unsold personal property. (a) General. If an item of personal property, which is used as part of a business, farm operation or nonprofit organization, is not moved but is promptly replaced with a comparable substitute item at the replacement site, the displaced person is entitled to payment of the lesser of— (1) The cost of the substitute item, including installation cost at the replacement site, minus any proceeds from the sale or trade-in of the replaced item, if any; or (2) The estimated cost of moving the replaced item, based on the lowest acceptable bid or estimate obtained by the Commission for eligible moving and related expenses, but with no allowance for storage. (b) Transfer of ownership. To be eligible for a payment under this section, the claimant shall transfer to the Commission ownership of the personal property that has not been sold or traded in. A displaced business, farm or nonprofit organization is entitled to an amount not to exceed $500 (five-hundred dollars), as determined by the Commission, for actual reasonable expenses incurred in searching for a replacement location, including— (a) Transportation computed at prevailing federal per diem and mileage allowance schedules; meals and lodging away from home; (b) Time spent searching, based on reasonable earnings; (c) Fees paid to a real estate agent or broker to locate a replacement site. A displaced person is not entitled to payment for— (a) The cost of moving any structure or other improvement in which the displaced person reserved ownership; or (b) Interest on a loan to cover moving expenses; or (c) Loss of goodwill; or (d) Loss of profits; or (e) Loss of trained employees; or (f) Physical changes at replacement location of business, farm or nonprofit organization, except as provided at §700.157; or (g) Any additional expense of a business, farm, or nonprofit organization incurred because of operating in a new location. A displaced person (other than an outdoor advertising display business who is eligible for a payment for his actual moving and related expenses under subpart D of these regulations) is entitled to receive a fixed payment in lieu of a payment for such actual moving and related expenses. The fixed payment for moving and related expenses of a certified eligible head of household from a dwelling consists of— (a) A moving expense allowance not to exceed $300 (three hundred dollars). (b) A dislocation allowance of $200 (two hundred dollars). (a) General. The fixed payment for moving and related expenses of a displaced business or farm operation that meets applicable requirements under this section is an amount equal to its average annual net earnings as computed in accordance with §700.173, but not less than $2,500 nor more than $10,000. A nonprofit organization which meets the applicable requirements under this section is entitled to a payment of $2,500. (b) Business. A business qualifies for payment under this section if the Commission determines that— (1) The business cannot be relocated without a substantial loss of its existing patronage. (2) The business is not part of a commercial enterprise having another establishment, which is not being acquired by the Commission, and which is under the same ownership and engaged in the same or similar business activities. For purposes of this rule, no remaining business facility which had average annual gross receipts of less than $1,000 and average annual net earnings of less than $500, during the two taxable years prior to displacement, shall be considered “another establishment”; and (3) The business had (i) average annual gross receipts of at least $1,000 during the two taxable years prior to displacement, or (ii) average annual net earnings of at least $500 as determined in accordance with §700.173. However, the Commission may waive this test in any case in which it determines that its use would cause a substantial hardship. (c) Determining number of businesses acquired. In determining whether two or more legal entities, all of which have been acquired, constitute a single business, which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which— (1) The same premises and equipment are shared; (2) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled; (3) The entities are held out to the public, and to those customarily dealing with them, as one business, and (4) The same person or closely related persons own, control or manage the affairs of the entities. (d) Farm operation. A farm operation qualifies for a payment under this section if the Commission determines that it meets the criteria set forth in §700.171(b)(3). In the case of a partial acquisition, the fixed payment shall be made only if the Commission determines that— (1) The part acquired was a farm operation before the acquisition; or (2) The partial acquisition caused the operator to be displaced from the farm operation; or (3) The partial acquisition caused a substantial change in the nature of the farm operation. (e) Nonprofit organization. A nonprofit organization qualifies for a $2,500 payment under this section, if the Commission determines that it— (1) Cannot be relocated without a substantial loss of existing patronage (membership and clientele). A nonprofit organization is assumed to meet this test, unless the Commission demonstrates otherwise; and (2) Is not part of an enterprise having at least one other establishment engaged in the same or similar activity which is not being acquired by the Commission. (a) Computing net earnings. For purposes of this subpart, the average annual net earnings of a business or farm operation is one-half of its net earnings before Federal, State and local income taxes, during the two taxable years immediately prior to the taxable year in which it was displaced. However, if the business or farm was not in operation for the full two taxable years prior to displacement, net earnings shall be computed on the basis of the actual period of operation on the acquired site, projected to an annual rate. Also, average annual net earnings may be based upon a different period of time when the Commission determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, his spouse, or dependents. (b) Documentation. A displaced person who elects to receive a fixed payment in lieu of actual expenses incurred in moving his business or farm shall furnish the Commission proof of his net earnings through income tax returns, certified financial statements or other reasonable evidence. (a) General. An eligible household may be granted temporary relocation resources, at the Commission's discretion, provided: (1) That the move is for a limited time period not to exceed 12 months unless extended by the Commission. (2) That permanent relocation resources are not available at the time of displacement. (3) Prior approval of the Commission is obtained. (4) That a Relocation Contract providing for permanent relocation has been executed. (5) The head of household actually remained domiciled on lands partitioned to the tribe of which he is not a member as of December 22, 1974, and continuously thereafter. (6) The head of household shall vacate all improvements owned by him on lands partitioned to the tribe of which he is not a member and shall transfer title to said improvements to the Commission. Temporary relocation shall in no way diminish the responsibility of the Commission to offer relocation assistance and services designed to achieve permanent and suitable facilities. (b) Conditions under which move to temporary housing accommodations may be approved. The move of a family or individual into temporary housing accommodations may be approved by the Commission only if the following conditions are met. (1) The move will be undertaken because: (i) It is necessary because of an emergency as determined by the Commission; or (ii) The individual or family is subject to conditions hazardous to his or his family's health or safety. (2) The temporary housing is decent, safe, and sanitary. (3) The Commission shall have determined that within twelve (12) months of the date of the temporary move, replacement housing meeting Commission-approved standards will be available for occupancy by the persons temporarily rehoused. (4) Prior to the move, the Commission shall provide in writing assurance to each head of household that: (i) Replacement housing will be available at the earliest possible time but in any event no later than twelve (12) months from the date of the move to temporary housing. (ii) Replacement housing will be made available on a priority basis, to the individual or family who has been temporarily rehoused. (iii) The move to temporary rehousing will not, in any way, affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice or replacement housing units that would have been made available had the temporary move not been made. (iv) The Commission will pay all costs in connection with the move to temporary housing, including any increased housing costs. (c) Agency documentation. To request Commission approval for a temporary move of a family, the following information shall be submitted to the Commission (additional information may be required on a case-by-case basis): (1) An explanation of the necessity for the temporary move, based upon the criteria set forth by the Commission. (2) The estimated duration of the temporary occupancy. (3) In the case of the family or individual, (i) a copy of the written assurance which will be provided to the person explaining his rights and the continuing obligation of the agency to provide relocation assistance, and (ii) evidence that the family or individual agrees to make the temporary move. (d) Costs in connection with temporary move—(1) Costs included. Costs included in a temporary move may cover the following: (i) Actual reasonable moving costs and related expenses for the move to temporary accommodations. (ii) For the family or individual moved from a rental unit the difference, if any, between the rental cost of the dwelling vacated and the rental cost of the temporary unit. (iii) For a homeowner who retains ownership of his dwelling the reasonable cost of renting the temporary dwelling. (iv) For a homeowner whose dwelling has been acquired the difference, if any, between his housing costs for the acquired dwelling and the rental cost of the temporary unit. (2) Costs not a replacement home benefit. Costs in connection with a move to temporary accommodations are not to be considered as relocation payments under the Act. (See paragraph (e) of this section.) (e) Distinguishing between cost of temporary move and relocation payment. The costs of a temporary move, as decribed in the foregoing subparagraphs, are not to be considered as all or a part of the relocation payment to which a displaced person is entitled under the Act. Thus, when a family is moved to temporary accommodations, a relocation payment is not made and the election or choice of type of payments that would ordinarily be made upon displacement must be delayed until the final move is made. When the move out of temporary accommodations is made, the displaced person shall receive the full relocation payments to which he/she is entitled pursuant to Commission regulations.
Title 25: Indians
PART 700—COMMISSION OPERATIONS AND RELOCATION PROCEDURES
Subpart D—Moving and Related Expenses, Temporary Emergency Moves
§ 700.151 Eligibility.
§ 700.153 Actual reasonable moving and related expenses—residential moves.
§ 700.155 Expenses in searching for replacement dwelling—residential move.
§ 700.157 Actual reasonable moving and related expenses—nonresidential moves.
§ 700.159 Payment for direct loss of personal property—nonresidential moves.
§ 700.161 Substitute personal property—nonresidential moves.
§ 700.163 Expenses in searching for replacement location—nonresidential moves.
§ 700.165 Ineligible moving and related expenses.
§ 700.167 Moving and related expenses—fixed payment.
§ 700.169 Fixed payment for moving expenses—residential moves.
§ 700.171 Fixed payment for moving expenses—nonresidential moves.
§ 700.173 Average net earnings of business or farm.
§ 700.175 Temporary emergency moves.
