Moving Ahead for Progress in the 21st Century (MAP-21) – ROW Impacts

Dianna Nausley, HQ RES Assistant Program AdministratorWashington State Department of Transportation (WSDOT)

IRWA Presentation - October 9, 2013

FUNDING SURFACE TRANSPORTATION PROGRAMS AT OVER $105 BILLION FOR FISCAL YEARS (FY) 2013 AND 2014, MAP-21 IS THE FIRST LONG-TERM HIGHWAY AUTHORIZATION

ENACTED SINCE 2005

MAP-21

MAP-21 – What it Does?

Strengthens America's highwaysEstablishes a performance-based programCreates jobs and supports economic growthSupports the Department of Transportation (DOT)

aggressive safety agendaStreamlines Federal highway transportation programAccelerates project delivery and promotes innovation

MAP-21 – Effective Dates

Signed into law on July 6, 2012Effective Dates

Except as otherwise provided….take effect on October 1, 2012

Uniform Act Updates New Benefit Levels – October 1, 2014 Agency Capacity – October 1, 2013

MAP-21 ROW Topics

Uniform Act ChangesEarly (Advanced) AcquisitionsWSDOT Policy for Early AcquisitionRequired RCW & WAC Updates

Uniform Act Changes

Increase statutory replacement housing payments 90 Day Owner Occupant - $22,500 to $31,000 90 Day Tenant Occupant - $5,250 to $7,200

Owner Occupant - Reduces 180 days to 90 Day occupancy requirement

Fixed payment for small business $20,000 to $40,000

Increase business reestablishment payment $10,000 to $25,000 (federal limit only) Washington State statutory limit - $50,000

Uniform Act Changes - Continued

Programmatic streamlining of displaced homeowners eligibility criteria

Tie future benefit increases to an appropriate index - methodology to be established in regulation

Establish an annual Uniform Act agency reporting requirement

Uniform Act Changes - Continued

Require enhanced Lead Agency services via interagency Memoranda of Understanding (MOUs) for funding of services

Allow lead agency establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation – only if elected by displaced person

Discussion Question #1

Does your Washington state currently allow in lieu or business reestablishment payments that exceed MAP-21 statutory limits?

Advance Acquisition Changes

Real Property Interests

State Funded Early Acquisition(at risk)

Federally Funded Early Acquisition - NEW

… Any interest in land; a contractual right to acquire any interest in land; or any other similar action to acquire or preserve right-

of-way for a transportation facility

Term “right of way” replaced with “real property interests”

Real Property Interests

Discussion Question #2

The term real property interests makes what types of additional acquisition instruments available?

Answers for Question #1 - Real Property Interests

Option contracts

Life estates

Rights of first refusal

State Funded Advance (Early) Acquisition “At Risk Acquisition”

Eliminates need for Environmental Protection Agency concurrence

Can be done before completion of NEPA process

Provides for potential eligibility for Federal-aid participation in costs for real property interests

Certain criteria in statute must be met

State Funded Advance (Early) Acquisition

“Comprehensive and Coordinated Land Use, Environment, and Transportation Planning Process” – MUST be certified by the Governor

Discussion Question #3

Does Washington State currently carry out State Funded “At-Risk” acquisition?

Advance acquisition of property before environmental review is completed on a

Federal–aid highway project

NEW AUTHORITIES ARE FOR FHWA ONLY AND NOT AVAILABLE TO OTHER FEDERAL

AGENCIES COVERED BY THE UNIFORM ACT

Federally Funded Early Acquisition

Federally Funded Early Acquisition

Authorization

State Certification

Environmental Compliance

Programming

Development

Reimbursement

Authorization

The Secretary may authorize the use of funds

apportioned to a State under this title for the

acquisition of a real property interest by a State.

State certification

• Concurrence by Secretary that State has:

• Authority to acquire the real property interest under State law;

• Certified that acquisition meets eight criteria;

WSDOT Certification Statement

The State certifies that the early acquisition complies with applicable Federal laws and

regulations and is only for transportation purposes. The advance purchase of right of

way will not influence the outcome of alternatives considered during the future

project’s NEPA process nor will it cause any significant environmental impacts (to the

property). The acquisition will not be done under threat of condemnation and the

early acquisition will not reduce or eliminate relocation benefits. Demolition of any

improvement on the property or other irrevocable actions will not be taken until

NEPA for the overall project is complete and the need for right of way is documented.

Criteria

• (i) for transportation purpose;

• (ii) will not cause significant adverse environmental impact;

• (iii) will not limit choice of reasonable alternatives or otherwise influence the decision;

• (iv) does not prevent impartial decision as to whether to accept an alternative

Criteria – Continued

• (v) consistent with State transportation planning process under 23 USC 135;

• (vi) complies with other applicable Federal laws;

• (vii) will be acquired through negotiation; and

• (viii) will not result in a reduction or elimination of benefits or assistance required by URA and Title VI

Environmental Compliance

(A) Shall complete review under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for Federally Funded early acquisition

(B) Deems early acquisition project to have independent utility

Programming

(A) Early acquisition project must be in applicable transportation improvement program.

(B) Early acquisition project may be for acquisition of parcel, a portion of a transportation corridor or an entire transportation corridor.

Development

May not be developed in anticipation of a project until all required environmental reviews for the

project have been completed.

Reimbursement

Must be incorporated into a project eligible for surface transportation funds within 20 years to avoid

offset of funds apportioned to the State.

WSDOT Federally Funded Early Acquisition Policy

•Joint effort – WSDOT/FHWA

•Effective – March 2013

•Incorporated in Chapter 6 of the ROW Manual

– August 2013

NEXT STEP - IMPLEMENTATION

• Notice of Proposed Rule Making (NPRM)• Comment period• Update state laws (RCW 8.26)• Update state regulations (WAC 468-100)

General FHWA Website for MAP-21 - http://www.fhwa.dot.gov/map21/

FHWA Guidance for MAP-21 – http://www.fhwa.dot.gov/map21/guidance/index.cfm

FHWA Questions & Answers for MAP-21 – http://www.fhwa.dot.gov/map21/qandas/

MAP-21 Resources

Questions