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.

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SUMMARY: On August 10, 1995, FHWA published a Notice with request for

comments concerning The Florida Department of Transportation's (FDOT)

proposal 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 proposed to 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. This notice is to inform the public that FHWA has accepted

FDOT's certification.

DATES: The certification became effective on October 1, 1995, and will

run for a period of two years.

FOR FURTHER INFORMATION CONTACT:

Marshall Schy, Office of Real Estate Services, HRW-10, (202) 366-2035;

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

Highway Administration, 400 Seventh Street SW., Washington, DC 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 applied for a certification pilot program that would cover

Uniform Act compliance on Federal-aid highway projects for a period of

two years. The FDOT proposed to limit the pilot program to its

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

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Broward, Indian River, Martin, Palm Beach, and St. Lucie.

On August 10, 1995, FHWA solicited public comments (60 FR 40878) 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. No comments were received. On September 29, 1995, FHWA

determined that the laws and operating procedures relied on by FDOT

have the same purpose and effect as the Uniform Act and accepted FDOT's

certification, effective October 1, 1995, for a period of two years.

In its certification application the FDOT relied 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. 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.

Under the certification pilot program, the FHWA, under section

103(c) of the Uniform Act, still can withhold project approvals or

rescind acceptance of the FDOT's certification if the FDOT fails to

comply with the certification or with the State law upon which the

certification was based. The FHWA and FDOT will review the operations

of the pilot program at its midpoint and following its completion.

Authority: 42 U.S.C. 4604; 23 U.S.C. 315; 49 CFR 1.48.

Issued on: January 5, 1996.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96-989 Filed 1-23-96; 8:45 am]

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