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