Moving Ahead for Progress in the 21 st Century (MAP-21) – ROW Impacts Dianna Nausley, HQ RES Assistant Program Administrator Washington 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 highways Establishes a performance-based program Creates jobs and supports economic growth Supports the Department of Transportation (DOT) aggressive safety agenda Streamlines Federal highway transportation program Accelerates project delivery and promotes innovation

MAP-21 – Effective Dates Signed into law on July 6, 2012 Effective 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 Changes Early (Advanced) Acquisitions WSDOT Policy for Early Acquisition Required 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

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 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 )

General FHWA Website for MAP FHWA Guidance for MAP-21 – FHWA Questions & Answers for MAP-21 – MAP-21 Resources

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