Federal/State/Local Agency Partnership Under the Uniform Act Regulations, Roles and Responsibilities

What We Are Here to Learn! FHWA Responsibilities State Responsibilities Local Agency (LPA) Responsibilities

The Uniform Relocation Act Public Law (1/2/71) amended by Public Law (STURAA 1987) Title – General (definitions) Title IIUniform Relocation Assistance Title IIIUniform Real Property Acquisition Policy

Implementing Federal Regulations 49 CFR Part 24 – implements the Uniform Relocation Act 23 CFR Part 710 – R/W program administration

Basic Requirements of 49 CFR Part Appraise FMV of property to be acquired 2. Review appraisals 3. Offer no less than FMV, in writing 4. Afford property owner adequate time to consider offer 5. Relocate residences, businesses, others 6. Provide relocation advisory services

Basic Requirements of 23 CFR Part State must be adequately staffed & organized 2. State must have a R/W manual 3. State may enter into agreements w/locals 4. Certify R/W clear before construction 5. Manage real property and airspace 6. Advance acquisition alternatives

Program Oversight Requirement State shall assure …that acquisitions and disposals are made in compliance with legal requirements of State and Federal laws & regulations. [ (b)]

State Responsibility to Local Agencies 1. May enter into agreements w/local agencies 2. Must monitor those agencies 3. Must inform agencies of requirements 4. Must impose sanctions in cases of material noncompliance [ (h)]

Local Agency Responsibilities 1. May enter into agreements w/State DOT 2. Must comply with URA 3. Must comply w/SDOT requirements 4. Must answer to SDOT in cases of material noncompliance [ (h)]

Some Typical Problems Acquiring property before NEPA clearance Acquiring property without an appraisal Acquiring property the old fashioned way Negotiating closing costs/incidental expenses Going from partial to total take w/o justification Inadequate advisory assistance to displacees Certifying before ROW clear

Federal Funding Agency Responsibility Did you know that there are more than 50 ways to lose your money? FHWA encourages States and LPAs to follow the requirements in order to preserve federal funding in their projects, but…… Noncompliance with Federal AND State/LPA regulations may require FHWA to pull funds from a particular item, a particular parcel, or the entire project.

A Few of the 50 Dont offer just compensation based on an approved appraisal of FMV (or waiver offer). Dont allow property owner adequate time to consider the offer. Use coercion to convince a property owner to sign. Request the owner to waive their relocation benefits.

A Few More of the 50 Dont document your actions (the Braswell rule). Cut corners to save money (we dont have time to do that!!). Acquire ROW in advance of NEPA without following the regulations.

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