36 CFR 908.2 - Purpose.

Regulations last checked for updates: Nov 25, 2024

Title 36 - Parks, Forests, and Public Property last revised: Nov 18, 2024

Collapse to view only § 908.2 - Purpose.

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§ 908.1 - Policy.

One of the goals of The Pennsylvania Avenue Plan—1974, as amended, (The Plan) is the reduction of hardships experienced by businesses and residents within the development area of the Pennsylvania Avenue Development Corporation (the Corporation) when they are displaced as a result of implementation of The Plan. It is the policy of the Corporation to provide displaced businesses and residents with a preferential opportunity to relocate within the development area so that they may share in the benefits brought to the area by the implementation of The Plan. This rule shall not be construed to affect the eligibility, rights or responsibilities of persons who may be entitled to benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the Corporation (36 CFR part 904).

§ 908.2 - Purpose.

The purpose of this rule is to:

(a) Provide a meaningful opportunity to businesses displaced by the Corporation's program to return to, or remain in, the Development Area;

(b) Establish procedures and requirements for displaced occupants by which they may establish and later exercise their preferential right to return to the Development Area;

(c) Establish procedures which the Corporation and private Developers must follow in providing Qualified Persons with the opportunity to obtain their preferential right to return to the Development Area.

§ 908.3 - Definitions.

The following definitions shall apply to this part:

(a) Developer means a Person or team of Persons that has received preliminary approval for a development proposal or has been designated by the Corporation as Developer pursuant to a development competition.

(b) Development Area means the area described in section 2 (f) of Pub. L. 92-578, October 27, 1972, as amended (40 U.S.C. 871 (f)), and for which the Plan has been prepared and will be implemented by the Corporation.

(d) Newly developed space means any leaseable part of a new building in the Development Area upon which construction was commenced after October 27, 1972 or an existing building in the Development Area which after October 27, 1972 underwent substantial remodeling, renovation, conversion, rebuilding, enlargement, extension or major structural improvement, but not including ordinary maintenance or remodeling or changes necessary to continue occupancy.

(e) Person means a partnership, company, corporation, or association as well as an individual or family, but does not include a department, agency, or instrumentality of any Federal, state, or local government.

(f) Previous location means the space from which the Eligible Person was or is being displaced as a result of the Corporation's or Developer's acquisition of real property, or as a result of receiving a written order to vacate from the Corporation.

authority: 40 U.S.C. 874(e); 40 U.S.C. 875(8); 40 U.S.C. 877(d)

source: 48 FR 55459, Dec. 13, 1983, unless otherwise noted.

cite as: 36 CFR 908.2