FEDERAL-AID POLICY GUIDE
October 8, 1993, Transmittal 8
49 CFR 24G
OPI: HRW-10
SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION
PART 24 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
Subpart G - Certification
Sec.
24.601 Purpose.
24.602 Certification application.
24.603 Monitoring and corrective action.
Authority: 42 U.S.C. 4601 et seq.; 49 CFR 1.48(cc).
[57 FR 33264, July 27, 1992]
Source: 54 FR 8928, Mar. 2, 1989, unless otherwise noted.
Sec. 24.601 Purpose.
This subpart permits a State agency to fulfill its responsibilities under the Uniform Act by certifying that it shall operate in accordance with State laws and regulations which shall accomplish the purpose and effect of the Uniform Act, in lieu of providing the assurances required by Sec. 24.4 of this part.
[54 FR 8928, Mar. 2, 1989; 54 FR 24712, June 9, 1989]
Sec. 24.602 Certification application.
An agency wishing to proceed on the basis of a certification may request an application for certification from the lead agency [Director, Office of Right-of-Way, HRW-1, Federal Highway Administration, 400 Seventh St. SW., Washington, DC 20590]. The completed application for certification must be approved by thegovernor of the State, or the governor's designee, and must be coordinated with the Federal funding agency, in accordance with application procedures.
[58 FR 26070, April 30, 1993, (effective date June 1, 1993)]
Sec. 24.603 Monitoring and corrective action.
(a) The Federal lead agency shall, in coordination with other Federal agencies, monitor from time to time State agency implementation of programs or projects conducted under the certification process and the State agency shall make available any information required for this purpose.
(b) The lead agency may require periodic information or data from affected Federal or state agencies.
(c) A Federal agency may, after consultation with the lead agency, and notice to and consultation with the governor, or hisor her designee, rescind any previous approval provided under this subpart if the certifying State agency fails to comply with its certification or with applicable State law and regulations. The Federal agency shall initiate consultation with the lead agency at least 30 days prior to any decision to rescind approval of a certification under this subpart. The lead agency will also inform other Federal agencies which have accepted a certification under this subpart from the same State agency, and will take whatever other action that may be appropriate.
(d) Section 103(b)(2) of the Uniform Act, as amended, requires that the head of the lead agency report biennially to the Congress on State agency implementation of section 103. To enable adequate preparation of the prescribed biennial report, the lead agency may require periodic information or data from affected Federal or State agencies.
[54 FR 8928, Mar. 2, 1989; 54 FR 24712, June 9, 1989; 58 FR 26070, April 30, 1993, (effective date June 1, 1993)]
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