# Uniform Relocation Act, Certification Pilot Program in Florida > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-989 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 24, 1996 - **Citation:** 61 FR 1984 ## Text 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. ----------------------------------------------------------------------- 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 [[Page 1985]] 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] BILLING CODE 4910-22-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-989. Public record. Not legal advice.