Northwest Regional Right of Way ConferenceThe Hilton, Vancouver, WashingtonOctober 27, 2015

Lynn PetersonSecretary of Transportation

Oversight ExpectationsAfter the Right of Way

Consultant is HiredDianna NausleyWSDOT, Local Programs Right of Way MangerRight of Way Services

Oversight Expectations After the Right of Way (ROW) Consultant is Hired

Is your agency engaged?

Where we’ve been, where we are, and where we are going………………

WSDOT Staff vs Number of Projects Certified

Past & Current Oversight Issues

WSDOT Oversight Practices

Federal Government Emphasis on Oversight Activities

Moving Forward with Project Delivery

Best Practices for Oversight/Management

Experienced & Qualified ROW Consultants

Benefits of Adequate Oversight

Why we need oversight? Who is responsible?

What is the responsibility?

How do we comply?

Federal Requirements for:

Program Oversight

Use of Private Consultants

Responsibilities for Oversight

Available Resources to Locate Information

10-23-2015 (DN)

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10-23-2015 (DN)

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Why We Need Oversight on Federally Funded Projects?

State Department of Transportation has overall responsibility for

Program Oversight

23 CFR 710.201(a) and (b) – State Responsibilities

(a) Organization. Each DOT shall be adequately staffed, equipped, and

organized to discharge its real property-related responsibilities.

(b) Program oversight. The DOT shall have overall responsibility for the

acquisition, management, and disposal of real property on Federal-aid

projects. This responsibility shall include assuring that acquisitions and

disposals by a State agency are made in compliance with legal requirements

of State and Federal laws and regulations.

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Why We Need Oversight on Federally Funded Projects?

Through agreement (ROW Procedures) LPAs carry out WSDOT’s

authorities

23 CFR 710.201(h) – State Responsibilities

(h) Use of other public land acquisition organizations or private consultants.

The DOT may enter into written agreements with other State, county,

municipal, or local public land acquisition organizations or with private

consultants to carry out its authorities under paragraph (b) of this section.

Such organizations, firms, or individuals must comply with the policies and

practices of the DOT. The DOT shall monitor any such real property

acquisition activities to assure compliance with State and Federal law and

requirements and is responsible for informing such organizations of all such

requirements and for imposing sanctions in cases of material non-

compliance.

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Why We Need Oversight on Federally Funded Projects?

State DOTs and local agencies share in the responsibility of

providing oversight on federally funded ROW projects

Required in order to use federal funds

Optimize full amount of federal funds

Get projects certified

Protect federal government’s level of investment

Local agencies may be required to follow certain conditions outlined

in the Agency’s Approved ROW Procedures

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Who, At the Agency is Approved to Perform What Function?

State ROW Program

Region offices have qualified appraisers, review appraisers, negotiators, and

relocation agents

Local Agency ROW Program – Approved ROW Procedures

Identifies who is approved to do what function within the overall acquisition

process

If you are not approved for the function you cannot do it.

Requires specialized training-must have LP approval to replace/add staff

Projects are not being certified until agencies complete the update process.

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What is Your Agency’s Required Responsibility?

Follow federal and state laws and regulations

Follow approved state DOT Manuals

Right of Way Manual

Local Agency Guidelines Manual - LAG

Manage consultants during the ROW process

Obtain complete ROW files from consultants

Maintain official agency files

Be available to answer questions during certification reviews

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How to Find Resource Information?

Federal Highway Administration Webpage

Division Offices: http://www.fhwa.dot.gov/about/field.cfm

Headquarters: http://www.fhwa.dot.gov/about/hq/

State DOT Webpage: http://www.fhwa.dot.gov/about/field.cfm

WSDOT ROW Manual

WSDOT Local Agency Guidelines Manual (LAG)

LAG 25.2 Outlines requirements

LAG 25.91 – Qualifications for all disciplines

LAG 25.6 – Appraisal Review requirements

LPA-001 – Approved ROW Procedures

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WSDOT ‘s Story

Real Estate Services & Local Programs

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WSDOT Staffing

RES

Projects Certified

WSDOTStaffLAC

Projects Certified

Northwest 23-17 68 1 115 

North Central

4-2 16 1/2 32 

Olympic 14-8 22 1 77 

Southwest 9-6 13 1/2 59

South Central

7-6 18 1/2  49

Eastern 13-12 7 1/2 41 

HQ 35-33 n/a 2 n/a

Totals 105-84 151 6  373

WSDOT Staffing

RES

Projects Certified

WSDOTStaffLAC

Projects Certified

Northwest 23 8 1 28

North Central

2 0 C 10 

Olympic 7 4 1 14 

Southwest 5 1 C 6

South Central

6 1 1  8

Eastern 11 2 C 5 

HQ 29 n/a 1 n/a

Totals 83 16 4 71

2013 = 94 projects2014 = 74 projects

Real Estate Services & Local Programs

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# Projects Delivered by Consultants2010-2014

Type Projects Delivered by Consultants

2015

Type

Northwest 3 Appraisal 8 115 

North Central

1 Appraisal 0 n/a

Olympic 5 Appraisal 2 Appraisal

Southwest 1 Relocation 0 n/a

South Central

2 Appraisal 0  n/a

Eastern 7 Appraisal 2 Appraisal 

Mega 6 Appraisal & Acquisition

0 n/a

Totals 25 17% 12 75%

Agencies on Approved

Procedures2010-2014

Agencies on Approved

Procedures2015

Northwest 57 59

North Central

7 13

Olympic 32 37

Southwest 21 22

South Central

23 26

Eastern 18 18

Totals 158 175

Only small percentage of projects are delivered by qualified local agency staff

Most agencies hire qualified ROW consultantsProject Certified = 151 Project Certified = 16

Who Handles Oversight of Consultants

State ROW Program

Region RES Manager

Review Appraiser or Senior Appraiser

HQ Title Examiners

Local Agency ROW Program

Agency – Person approved for Program Administration function

WSDOT – Local Agency Coordinator

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Past Oversight Issues in Washington State

General Concerns

Lack of Tracking for oversight activities

Non-qualified consultants performing ROW activities

Approving corrective actions without authority from FHWA

State ROW Program

Project offices hiring sub consultants under A&E contracts with no involvement

from the Real Estate Services office

Local Agency ROW Program

Lack of documentation for certification reviews resulting in certification of projects

where same issues were repeated

Local agencies not following Approved ROW Procedures

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WSDOT’s ROW Oversight Practices

Certification Reviews

Not engaged with consultants

Turn-key projects

Non-qualified ROW consultants

Review and Approval of ROW Procedures

Staff Qualifications – resume submittal

Consultant Qualifications - nothing

Technical assistance to ROW Consultants

Direct contact without agency or RES involvement

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Federal Government Emphasis on Oversight

Federal Audits/Reviews

Finding – material weakness in oversight of Local Agency Program

What are state DOTs doing regarding oversight of ROW activities?

Concerns that local agencies projects are handed off to ROW consultants

without involvement from the local agency

Who is qualified to perform ROW activities?

Local FHWA Division Office Concern

Lack of understanding what is meant by oversight of consultants

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Current Oversight Issues in Washington State

State ROW Program

Permits not included with certification package – Sufficient Property Rights

Timely submittals for review

Local Agency ROW Program

Not acquiring Sufficient Property Rights

Files lack documentation of LPA involvement in decision making for items

requiring agency decision

Local agency trend of not following Approved ROW Procedures

Consultants not being aware of who is approved to perform specific ROW activities

Agency staff performing functions they are not approved to perform

Other agency departments using federal aid without awareness of federal requirements to follow the

process (Uniform Act) or involve those that are on Approved Procedures

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How will we move forward to deliver projects?

WSDOT Projects

Only replacing positions that are on the overall agency hiring plan

Will use ROW consultants

Project Manager business model – consultant oversight

Local Agency Projects

Will continue to use ROW consultants to deliver projects

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Best Practices - Oversight

Engage Professional Services when need

Ensure consultant is experienced & qualified

WSDOT’s effort to approve consultants performing ROW activities

Check references of the consultants

Only use Appraisers and Review Appraisers from WSDOT’s Approved Appraiser

List

Acquisition consultants must be licensed in Washington State

Ensure contracting requirements are followed

Be engaged with your consultant

Schedule kick off meeting to set expectations

Schedule regular status meetings

Be involved with consultant in discussions & decisions

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Best Practices - Oversight

Manage consultant field work in addition to status meetings

Review agent’s current diary and supporting documentation when approving

recommendations for payments, administrative settlements, clearing or accepting

encumbrances, and ensure diary entries include line items for submitting

approvals

Require complete acquisition from consultant when final settlement is reached

and file is submitted for closing and/or condemnation

Review file documentation including diaries prior to requesting certification review

Read emails and be involved in conversations consultants have with WSDOT and

make sure they are detailed in the diary

Review and approve actions/decisions recommended by consultants

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Best Practices - Oversight

Agency Approvals & Decisions

All decisions and approvals made by acquiring agency, including

recommendations from consultants used in agency’s decision process needs to

be documented

Complete & Accurate File Documentation

Must include a diary of ROW activities

Complete and organized file

Retain files for a period of time consistent with the federal retention requirements

Certification Review (Quality Control)

All acquisition and relocation files need to be reviewed by the agency/region prior

to requesting a certification review

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Best Practices - Oversight

Know your agency’s authorities

Who approves Just Compensation, administrative settlements,

administrative offer summary (AOS) etc….?

Share Approved ROW Procedures

Research federal regulations to find answers

Take classes and attend annual DOT meetings

Use the DOT’s website

WSDOT – Sign up for Gov Delivery Email & LTAP (Local Technical

Assistance Program

Manage project schedules and scope creep

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Benefits of Proper Oversight

Protects against risking the loss of federal funds and/or federal

participation

Provides ability of the agency to “certify” to FHWA that their

project is in full compliance so your project can be certified for

construction

Protects level of FHWA investment

Assures ROW files are complete and in compliance with

federal/state laws and regulations

Assures that property owners/occupants were treated fairly

and consistently

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