FHWA Update

Dan Mathis, WA Division AdministratorPhil Ditzler, OR Division Administrator

NW Regional ROW ConferenceOctober 26, 2015

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Federal Rule-Making ProcessNPRM Steps1. Publish an annual plan to update the public on pending regs2. Draft new proposed regulatory language3. Significant draft proposals analyzed by OIRA or Admin.4. The NPRM is published for comment

- Usually 30-60 days (can go up to 180 days)

5. Considers comments received - If significant, may publish a supplemental proposed rule. - If minor, agency proceeds with the final rule.

6. If significant, OIRA will analyze the proposed final rule7. Final rule published in FR w/effective date 30 days after

publication 8. CFR updated with the final rule’s language in e-CFR update.

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All Federal Agency Regulatory Updates

Reginfo.gov

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Status of 23 CFR 710 Update

• Terminology update• ROW Use Agreements

(in place of airspace leases)

• Early Acquisition• ROW Manual or RAMP• 23 CFR 635.309(c) also

updated as part of NPRM

Reginfo.com Status Page

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Status of 49 CFR 24 Update

• Relocation Payment Amount Increased

• FHWA has new authority to further increase relocation payments

• Homeowner Occupancy Requirements changed

Update Pending

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ReauthorizationExisting Highway Bill Proposals

• Grow America Act – Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act

• Drive Act – Developing a Reliable and Innovative Vision for the Economy Act

• STRR Act - Surface Transportation Reauthorization and Reform Act

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GROW AMERICA Act(Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of

Infrastructure and Communities throughout America Act)

Proposed by the Obama Administration• Introduced March 2015• 6-year, $478 billion bill• Increases transportation investment by 45%• New revenues through corporate tax reform• Expands HTF into a Transportation Trust Fund (TTF)• New funding to support:

o Aging infrastructure programo Freight investment programo Innovative solutions

• TIFIA loan program expanded

DRIVE Act(Developing a Reliable and Innovative Vision

for the Economy Act)

Proposed by the Senate• Introduced July 2015• 6-year, $344 billion• Increases highway investment by 8%• Funded for 3 years• Supports core formula programs• Provides support for a National Freight

Program & Assistance for Major Projects• TIFIA loan program scaled back

Chairman James Inhofe, OKRanking Member Barbara Boxer, CA

Senate Environment & Public Works Committee

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STRR Act(Surface Transportation Reauthorization

and Reform Act)

Proposed by the House of Representatives• Introduced October 16, 2015• 6-year, $325 billion• Increases highway investment by 6%• Does not include new HTF revenues• Expands STP into a Block Grant

Program• Creates program for “Nationally

Significant Freight & Highway Projects”• TIFIA loan program reduced

Legislative Process – Next Steps

Continuing Resolution (CR) anticipated• Current CR expires October 29th

• Expect another short-term Continuing Resolution

Congressional agreement on proposals• House committee markup, address funding & floor vote• House/Senate conference to resolve differences in two

bills

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Risk-Based Stewardship & Oversight (RBSO)

Project • Compliance Assessment

Program (CAP)• Projects of Division

Interest (PoDIs)• Projects of Corporate

Interest (PoCIs)

Program • Strategic National

Initiatives• National Program S&O

Initiatives- Program Reviews

• Division Program S&O- Process Reviews

Core Principles Risk Based, Data-Driven, Value-Added, and Consistent

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ROW InnovationsOregon Division

Reverse Mortgage

Innovative Approaches to Solving ComplexROW Acquisitions

• ODOT project involved a total take of a property with a reverse mortgage.

• Not a common occurrence so no formal polices or guidance was readily available.

• The solution required creativity and innovation to create a ‘win-win’ for all parties involved.

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ROW InnovationsOregon Division

Speeding Project Delivery with Flexible Approaches to Acquisitions

Alternative

Acquisitions• Voluntary program to purchase

small work areas for driveway reconnections.

• Complements the 1R paving program which is another innovative ODOT program.

• Designed to respect the property rights of the landowner and foster good stewardship of tax payer funds.

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ROW InnovationsBigelow Gulch MOA• Provided direction to LPA

on defined “fixes” to address Uniform Act violations

• Project was federalized due to FHWA funding phase 1

• Re-established partial federal eligibility

• Was the first of its kind in the country

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Accommodating Light Rail w/in Interstate ROW so long as:• Allows for future

highway improvements• Doesn’t create issues for:

- Safety- Operations- Maintenance

ROW Innovations

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Now What Are Your

Questions?