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Item 14 - Bureau of Reclamation Grant for Well 38
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Item 14 - Bureau of Reclamation Grant for Well 38
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
14
Date
6/21/2022
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Page 39 of 49 <br />placed when this transaction was made or entered into. Submission of this certification is a <br />prerequisite for making or entering into this transaction imposed by Section 1352, title 31, <br />U.S. Code. Any person who fails to file the required certification shall be subject to a civil <br />penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION <br />POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) <br />(a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended, <br />requires certain assurances for Reclamation funded land acquisition projects conducted by a <br />Recipient that cause the displacement of persons, businesses, or farm operations. Because <br />Reclamation funds only support acquisition of property or interests in property from willing <br />sellers, it is not anticipated that Reclamation funds will result in any "displaced persons," as <br />defined under the URA. <br />(b) However, if Reclamation funds are used for the acquisition of real property that results in <br />displacement, the URA requires Recipients to ensure that reasonable relocation payments and <br />other remedies will be provided to any displaced person. Further, when acquiring real <br />property, Recipients must be guided, to the greatest extent practicable, by the land acquisition <br />policies in 42 U.S.C. 4651. <br />(c) Exemptions to the URA and 49 CFR Part 24 <br />(1) The URA provides for an exemption to the appraisal, review and certification rules for <br />those land acquisitions classified as "voluntary transactions." Such "voluntary <br />transactions" are classified as those that do not involve an exercise of eminent domain <br />authority on behalf of a Recipient, and must meet the conditions specified at <br />49 CFR Part 24. 101 (b)(1)(i)-(iv). <br />(2) For any land acquisition undertaken by a Recipient that receives Reclamation funds, but <br />does not have authority to acquire the real property by eminent domain, to be exempt <br />from the requirements of 49 CFR Part 24 the Recipient must: <br />(i) provide written notification to the owner that it will not acquire the property in the <br />event negotiations fail to result in an amicable agreement, and; <br />(ii) inform the owner in writing of what it believes to be the market value of the <br />property <br />(d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land <br />appraisal whether or not such review is required under the URA or 49 CFR 24.104. Such <br />reviews may be conducted by the Department of the Interior's Appraisal Services Directorate <br />or a Reclamation authorized designee. When Reclamation determines that a review of the <br />original appraisal is necessary, Reclamation will notify the Recipient and provide an <br />estimated completion date of the initial appraisal review. <br />Agreement No. R22AP00352 Agreement Template <br />Recipient Name: City of Santa Ana (0112021) <br />
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