Nelson CastellanosFederal Highway Administration

March 12, 2013

Outline

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Highlights of MAP-21

Key challenges/opportunities

Progress on implementation

MAP-21 Highlights

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Provides 27 months of stable fundingDoes not provide long-term stability to theTrust Fund

Transformative policy and program changesFirst major overhaul of surface transportation

legislation since ISTEA in 1991Authorizes program through FY14

Most new provisions go into effect on October 1st Average annual funding for FY-13 and 14 at $41.0 billion

MAP-21 Highlights

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No earmarksAlmost no discretionary programsSignificant program consolidationIncreased emphasis on national issues

Enhanced NHSFreight provisionsBuilds from Every Day CountsReduces project delivery times without

sacrificing environmentEstablishes performance-based Federal

program

Program StructureMAP-21 Current Law

National Highway Performance Program (NHPP) NHS, IM, & Bridge (portion)

Surface Transportation Program (STP) STP & Bridge (portion)

Congestion Mitigation & Air Quality Improvement Program (CMAQ)

CMAQ

Highway Safety Improvement Program (HSIP) HSIP (incl. High Risk Rural Roads)

Railway-Highway Grade Crossing(takedown from HSIP)

Railway Highway Grade Crossing

Metropolitan Planning Metropolitan Planning

Transportation Alternatives (setaside from NHPP, STP, HSIP, CMAQ, and Metro Planning)

TE, Recreational Trails, and Safe Routes to School

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$37.7 billion/year in formula funding

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National Highway Performance

Program ($21.8)

Surface Transportation

Program ($10.0)

HSIP ($2.2)

CMAQ ($2.2)

Transportation Alternatives ($0.8)

Metro Planning ($0.3)

Note: Amounts in $ billions; individual program amounts do not add exactly to total due to rounding

Railway-Highway Crossing ($0.2)

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Right-of-Way Update

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Early Acquisition Uniform Act Outdoor AdvertisingJunkyard Control

Advance Acquisition of Real Property

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Section 108 of Title 23 is amended by striking “real property” and “right-of-way” and inserting ‘real property interests”

The acquisition of real property interest includes the acquisition of:Any interest in landa contractual right to acquire any interest in land Any action to acquire or preserve right-of-way for a

transportation facility

Advance Acquisition of Real Property

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Expands the eligibility for the acquisition of real property interests prior to the completion of the environmental review under the National Environmental Policy Act of 1969.

MAP-21Advance Acquisition of Real Property

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State requesting Federal funding for an acquisition of real property interests must certify the following:

Is for a transportation purposeWill not cause any significant environmental

impactWill not limit the choice of reasonable

alternativesDoes not prevent the lead agency from

making an impartial decision

MAP-21Advance Acquisition of Real Property

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Is consistent with the State planning processAcquired through negotiation without the thread

of condemnation.Will not result in a reduction of benefits or

assistance required by the Uniform Relocation Act and Title VI.

The State has the authority to acquire the real property interests under State Law

,

MAP-21Advance Acquisition of Real Property

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The early acquisition project must be included in an applicable Transportation Improvement Program (TIP)

The acquisition may be for a parcel, a portion of a corridor or an entire transportation corridor.

Complete a review under the National Environmental Act of 1969.

MAP-21Advance Acquisition of Real Property

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The early acquisition project deems to have independent utility.

Can’t be developed in anticipation of a project until all required environmental reviews for the project have been completed. 23USC108(d)(6).

Must be in incorporated into a an eligible Federal-aid project within 20 years. 23USC 108(d)(7)

MAP-21Sec. 1521 Uniform Act Amendments

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Moving and Related Expenses for BusinessesPayment in lieu of actual cost up to $40,000.Business Reestablishment payment up to $25,000

Replacement Housing for HomeownersReduces occupancy requirements from 180 to 90

days.Increases Replacement Housing to $31,000

Replacement Housing for TenantsIncreases replacement Housing Benefits to $7,200

MAP-21Sec. 1521Uniform Act Amendments

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Adjustment of Relocation Payment Allows the lead agency to adjust by regulation

the amounts of relocation payment provided if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted.

Map-21Sec. 1521 Agency Coordination

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Requires other Federal agencies that has program or projects requiring the acquisition of real property to provide the lead agency an annual summary report that describes their activities.

No later than one year each Federal agency shall enter into a memorandum of understanding thatAddresses ways for the lead agency to provide

assistance including trainingAddresses the transfer of funds to support those

activities but no less than $35,000

MAP-21Sec.1301 Acceleration of Project Delivery

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Establish a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.Not applicable to businessRequesting expressions of interest from the State

DOTs. Response requested by 3/29Hosting a webinar in April for those that expressed an

interest. Work plan due by the end of June

MAP-21Sec 1104 National Highway System

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Amends Sec 103 0f Title 23 and redefine the National Highway System (NHS) to include:The NHS as of 5/24/96Urban and rural principal arterial routesToll routes

Increases the NHS by approximately 60,000 milesThe Highway Beautification Act applies to the primary

system as of 6/91 and the NHSFailure to provide effective controls could result in the

reduction of 10% in the apportionment to the State,

MAP-21Junkyard Control

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MAP-21 redefines the National Highway System (NHS)as the Primary System

All NHS routes subject to junkyard controlReduction in the apportionment for nor having

effective control of junkyards was reduced from 10% to 7%.

Research

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Completed in 2012Alternative uses of the right-of-wayVoluntary acquisitions under the Uniform Act Incentive Payments

Started in 2012NHI COURSES IN Acquisition and eminent domainReverse Mortgage StudyTribal Lands Workshops

Projected for 2013Electronic offers by e-mailTurbo relocationLPA Stewardship

MAP-21Federal Update

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Questions