North American Wetlands Conservation Act and Neotropical Migratory Brid Conservation Act January 2006

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U.S. GRANT ADMINISTRATION STANDARDS — JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act The Recipient or subrecipient may purchase real property subject to leases or occupied by tenants. Other than matching real property acquired prior to the receipt of the proposal by the FWS (ineligible for NMBCA), however, such purchases are subject to relocation assistance requirements as described in 49 CFR, Part 24. The relocation assistance requirements apply only to tenants that must move as a result of the acquisition, unless the Recipient or subrecipient fails to meet the requirements in Section F -4. F -11 Do relocation requirements apply if the price is set before the FWS receives the proposal, but the title is transferred after the FWS receives the proposal? The relocation requirements of 49 CFR, Part 24, apply to any transfers of title that are completed after the proposal is received by FWS, regardless of when the price associated with the transfer is established. F -12 What documents must be submitted when acquiring an interest in real property? The Recipient or subrecipient must submit the following documents for each interest in real property purchased with grant or match funds, or provided as a matching in -kind contribution: (a) appropriate evidence of valuation of real property. If an appraisal is used, send the appraiser's signed certification and the appraisal summary; (b) if specifically required by FWS, an appraisal review; (c) documentation that the seller has been informed that the buyer will be unable to acquire the property in the event negotiations fail to result in an amicable agreement (i.e., that the buyer does not have condemnation or eminent domain authority), and informs the seller of what the buyer believes to be the market value of the property; (d) documentation of a bargain sale through a letter or signed statement from a seller that donates any difference between the market value and the selling price, if the sale price is below market value; (e) a copy of the closing statement (also called the settlement statement or adjustment sheet); (f) a copy of any deed, easement, or assignment of lease that transfers ownership to the Recipient or subrecipient or match provider, as well as any subsequent owner as provided in the Grant Agreement (copies must demonstrate that the documents were recorded); (g) either (1) a statement certifying that the real property acquired had no tenants, or (2) a copy of a notice of relocation eligibility as required in 49 CFR 24.203 and a statement certifying that the Recipient or subrecipient provided tenants with relocation assistance advice and relocation assistance as required in 49 CFR, part 24, with an itemized breakdown of any relocation payments made to the tenant; and (h) copies of recorded Notices of Grant Requirements for all interests in real property acquired for the project including those interests received as matching in -kind contributions. If the required language of a Notice of Grant Requirements is included in 16