Certification Process Training for Local Agencies Name of LAC Name Region Local Agency Coordinator

General Ensure procedures in the Right of Way Manual and/or the LAG Manual Chapter 25 have been followed Highlights URA Protections – JC paid before agency takes possession – Residential displaced persons must be offered comparable replacement housing

What Are You Certifying? 1.Sufficient property rights to construct, operate, and maintain the facility as shown on the PS&E 2.R/W is clear of encroachments 3.R/W has been acquired in accordance with the URA and/or Federal Land Transfer processes

What Are You Certifying? (con’t) 4.Relocation Assistance is complete 5.Properties acquired in advance of NEPA Clearance (including donations) shall be identified

Types of R/W Certificates Certificate # 1 - All R/W Acquired. All rights have been acquired. All occupants have vacated the R/W and the agency has the right to remove any remaining improvements. 23 CFR (c)(1)

Types of R/W Certificates Certificate #2 - Right to Occupy All R/W Trial or appeal of some parcels may be pending and some parcels may have right of entry or possession and use only. All occupants have vacated the R/W and the agency has the right to remove any remaining improvements. 23 CFR (c)(2)

Types of R/W Certificates Certificate #3 - All R/W Not Acquired Acquisition of a few remaining parcels is not complete. All occupants of residences have had replacement housing made available to them in accordance with 49 CFR CFR (c)(3)

Certificate 3 Additional Information Certificate 3s must be followed by a Certificate 1 or 2 when possession of all parcels is obtained FHWA must approve Certificate 3s, and any conditions listed must be followed Monitor must be identified if construction starts before project is recertified Tracking conditions/reporting to FHWA

Design Build Certificate 3s with segments/phases Phases/segments Monitoring – designated official Early use of parcel

Types of R/W Certificates No Right of Way Certificate This Certificate should be prepared when project documentation shows R/W was planned to be acquired, but changes made to the project removed the R/W requirement

R/W Certificate Date For Certificate 1&2s – Certificate date for federal aid projects is the date on the WSDOT Concurrence Letter sent to FHWA For Certificate 3s – FHWA will issue an approval letter and that is the certification date

Process See Local Agency Flow Chart Local Agency Flow Chart

Certification Worksheets Local Agency Certification Worksheet Design Build Certification Worksheet

How do I Fill in the Certification Worksheet & Which Form do I choose? Example of Certificate 1 with Relocation – Certification Worksheet Certification Worksheet Example of Certificate 3 w/Possession & Use and Relocation – Certification Worksheet Certification Worksheet

Local Agency Certificate Forms No Right of Way Certificate Certificate 1 – No Relo Certificate 1 – Res Relo Certificate 1 – Non-Res Relo Certificate 1 – Combo Relo Certificate 2 – No Relo Certificate 2 – Res Relo Certificate 2 – Non-Res Relo Certificate 2 – Combo Relo Certificate 3 – No Relo Certificate 3 – Res Relo Certificate 3 – Non-Res Relo Certificate 3 – Combo Relo Certificate 3 – Design Build Phased

Concurrence Forms Local Agency Concurrence Form

Resources Chapter 17 Chapter 25 – LAG Manual LPA Project Certification – Local Agency Program Manager (Dianna Nausley)

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