Uniform Relocation Act, Certification Pilot Program in Florida

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. 95-23]

Uniform Relocation Act, Certification Pilot Program in Florida

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Florida Department of Transportation (FDOT) proposes to

comply with the Uniform Relocation Assistance and Real Property

Acquisition Policies Act (Uniform Act) on Federal-aid highway projects

in two of its districts through use of a certification procedure

permitted by the Uniform Act. The FDOT would comply with the Uniform

Act by conducting its right-of-way program in accordance with State

laws determined by the FHWA, the Federal lead agency for the Uniform

Act, to have the same purpose and effect as the Uniform Act. Comments

are requested on the FDOT's proposed certification and on the

determination sought from the FHWA concerning the purpose and effect of

the State laws relied on by the FDOT.

DATES: Comments are requested by September 11, 1995.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 95-23

Federal Highway Administration, Room 4232, HCC-10, Office of Chief

Counsel, 400 Seventh Street, SW., Washington, DC 20590. All comments

received will be available for examination at the above address between

8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal

holidays. Those desiring notification of receipt of comments must

include a self-addressed, stamped envelope/postcard.

FOR FURTHER INFORMATION CONTACT: Marshall Schy, Chief, Policy

Development Branch, Office of Right-of-Way, HRW-11, (202) 366-2035; or

Reid Alsop, Office of Chief Counsel, HCC-31, (202) 366-1371, Federal

Highway Administration, 400 Seventh Street, SW., Washington, D.C.

20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Uniform Act (42 U.S.C. 4601-4655)

provides relocation benefits to persons forced to move by Federal or

federally-assisted programs or projects. It also establishes policies

relating to the acquisition of real property for such programs or

projects. The FHWA has been designated the Federal Government's lead

agency for implementing the Uniform Act.

Sections 210 and 305 of the Uniform Act (42 U.S.C. 4630 and 4655)

require State agencies that receive Federal financial assistance for

programs or projects that will result in the acquisition of real

property or the displacement of persons to provide ``assurances'' that

they will comply with the Act's provisions. Section 103 of the Uniform

Act (42 U.S.C. 4604) provides that, in lieu of those assurances, a

State agency may comply by certifying (and receiving the FHWA's

determination) that it will be operating under State laws that ``will

accomplish the purpose and effect'' of the Uniform Act.

The FDOT has applied for the establishment of a certification pilot

program that would cover Uniform Act compliance on Federal-aid highway

projects for a period of two years. The pilot program would be limited

to the FDOT's Districts 2 and 4. District 2 includes the area

encompassed by the counties of Alachua, Baker, Bradford, Clay,

Columbia, Dixie, Duvall, Gilchrist, Hamilton, Lafayette, Levy, Madison,

Nassau, Putnam, St. Johns, Suwannee, Taylor, and Union. District 4

includes the area encompassed by the counties of Broward, Indian River,

Martin, Palm Beach, and St. Lucie.

In its certification application the FDOT relies on the authority

in sections 120.543 and 339.05 of the Florida statutes, and on the

existing FDOT right-of-way procedures. The two statutory provisions

grant the FDOT broad authority to comply with Federal (Uniform Act)

requirements. The FDOT right-of-way procedures govern the FDOT's

compliance with the provisions of the Uniform Act. Accordingly, if the

certification pilot program is approved, it is anticipated that the

level of benefits and assistance provided to property owners and

displaced persons will remain virtually unchanged since the FDOT will

continue to operate under the same State laws and procedures that

currently govern its compliance with the Uniform Act. The primary

changes are expected to be the elimination of FHWA approvals or

oversight of Uniform Act implementation in the two FDOT districts and

the simplified administration associated with the State operating under

its own procedures.

If the certification pilot program is approved, the FHWA, under

section 103(c) of the Uniform Act, could still withhold project

approvals or rescind acceptance of the FDOT's certification if the FDOT

failed to comply with the certification or with the State law upon

which the certification was based.

In accordance with section 103(b)(3) of the Uniform Act, the FHWA

is providing an opportunity for public review and comment before making

a determination concerning the ``purpose and effect'' of such State

laws. Following the expiration of the comment period the FHWA will make

a determination concerning the purpose and effect of the applicable

State laws, and will either approve or disapprove the FDOT

certification request.

Authority: 42 U.S.C. 4604.

Issued on: August 3, 1995.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 95-19816 Filed 8-9-95; 8:45 am]

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