FHWA use only (contains talking points)

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Nelson Castellanos
Federal Highway Administration
March 12, 2013
Outline
 Highlights of MAP-21
 Key challenges/opportunities
 Progress on implementation
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MAP-21 Highlights
 Provides 27 months of stable funding
 Does not provide long-term stability to theTrust Fund
 Transformative policy and program changes
 First major overhaul of surface transportation
legislation since ISTEA in 1991
 Authorizes program through FY14
 Most new provisions go into effect on October 1st
 Average annual funding for FY-13 and 14 at $41.0 billion
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MAP-21 Highlights
 No earmarks
 Almost no discretionary programs
 Significant program consolidation
 Increased emphasis on national issues
 Enhanced NHS
 Freight provisions
 Builds from Every Day Counts
 Reduces project delivery times without
sacrificing environment
 Establishes performance-based Federal program
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Program Structure
MAP-21
Current Law
National Highway Performance Program (NHPP)
NHS, IM, & Bridge (portion)
Surface Transportation Program (STP)
STP & Bridge (portion)
Congestion Mitigation & Air Quality Improvement
Program (CMAQ)
CMAQ
Highway Safety Improvement Program (HSIP)
HSIP (incl. High Risk Rural
Roads)
Railway-Highway Grade Crossing
(takedown from HSIP)
Railway Highway Grade
Crossing
Metropolitan Planning
Metropolitan Planning
Transportation Alternatives
(setaside from
NHPP, STP, HSIP, CMAQ, and Metro Planning)
TE, Recreational Trails, and
Safe Routes to School
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$37.7 billion/year in formula funding
Surface
Transportation
Program
($10.0)
HSIP ($2.2)
Railway-Highway Crossing ($0.2)
CMAQ ($2.2)
Transportation Alternatives ($0.8)
Metro Planning ($0.3)
National Highway
Performance
Program ($21.8)
Note: Amounts in $ billions; individual program amounts do not add exactly
to total due to rounding
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Right-of-Way Update
 Early Acquisition
 Uniform Act
 Outdoor Advertising
 Junkyard Control
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Advance Acquisition of Real Property
 Section 108 of Title 23 is amended by striking “real
property” and “right-of-way” and inserting ‘real property
interests”
 The acquisition of real property interest includes the
acquisition of:
 Any interest in land
 a contractual right to acquire any interest in land
 Any action to acquire or preserve right-of-way for a
transportation facility
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Advance Acquisition of Real Property
 Expands the eligibility for the
acquisition of real property interests
prior to the completion of the
environmental review under the
National Environmental Policy Act of
1969.
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MAP-21
Advance Acquisition of Real Property
State requesting Federal funding for an acquisition
of real property interests must certify the following:
 Is for a transportation purpose
 Will not cause any significant environmental
impact
 Will not limit the choice of reasonable
alternatives
 Does not prevent the lead agency from making
an impartial decision
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MAP-21
Advance Acquisition of Real Property
 Is consistent with the State planning process
 Acquired through negotiation without the thread
of condemnation.
 Will not result in a reduction of benefits or
assistance required by the Uniform Relocation
Act and Title VI.
 The State has the authority to acquire the real
property interests under State Law
,
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MAP-21
Advance Acquisition of Real Property
 The early acquisition project must be included in
an applicable Transportation Improvement
Program (TIP)
 The acquisition may be for a parcel, a portion of
a corridor or an entire transportation corridor.
 Complete a review under the National
Environmental Act of 1969.
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MAP-21
Advance Acquisition of Real Property
 The early acquisition project deems to have
independent utility.
 Can’t be developed in anticipation of a project
until all required environmental reviews for the
project have been completed. 23USC108(d)(6).
 Must be in incorporated into a an eligible
Federal-aid project within 20 years. 23USC
108(d)(7)
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MAP-21
Sec. 1521 Uniform Act Amendments
 Moving and Related Expenses for Businesses
 Payment in lieu of actual cost up to $40,000.
 Business Reestablishment payment up to $25,000
 Replacement Housing for Homeowners
 Reduces occupancy requirements from 180 to 90
days.
 Increases Replacement Housing to $31,000
 Replacement Housing for Tenants
 Increases replacement Housing Benefits to $7,200
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MAP-21
Sec. 1521Uniform Act Amendments
Adjustment of Relocation Payment
 Allows the lead agency to adjust by regulation
the amounts of relocation payment provided if
the head of the lead agency determines that
cost of living, inflation, or other factors indicate
that the payments should be adjusted.
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Map-21
Sec. 1521 Agency Coordination
 Requires other Federal agencies that has program or
projects requiring the acquisition of real property to
provide the lead agency an annual summary report that
describes their activities.
 No later than one year each Federal agency shall enter
into a memorandum of understanding that
 Addresses ways for the lead agency to provide
assistance including training
 Addresses the transfer of funds to support those
activities but no less than $35,000
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MAP-21
Sec.1301 Acceleration of Project Delivery
 Establish a demonstration program to streamline the
relocation process by permitting a lump-sum payment for
acquisition and relocation if elected by the displaced
occupant.
 Not applicable to business
 Requesting expressions of interest from the State
DOTs. Response requested by 3/29
 Hosting a webinar in April for those that expressed an
interest. Work plan due by the end of June
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MAP-21
Sec 1104 National Highway System
 Amends Sec 103 0f Title 23 and redefine the National
Highway System (NHS) to include:
 The NHS as of 5/24/96
 Urban and rural principal arterial routes
 Toll routes
 Increases the NHS by approximately 60,000 miles
 The Highway Beautification Act applies to the primary
system as of 6/91 and the NHS
 Failure to provide effective controls could result in the
reduction of 10% in the apportionment to the State,
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MAP-21
Junkyard Control
 MAP-21 redefines the National Highway System
(NHS)as the Primary System
 All NHS routes subject to junkyard control
 Reduction in the apportionment for nor having
effective control of junkyards was reduced from
10% to 7%.
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Research
 Completed in 2012
 Alternative uses of the right-of-way
 Voluntary acquisitions under the Uniform Act
 Incentive Payments
 Started in 2012
 NHI COURSES IN Acquisition and eminent domain
 Reverse Mortgage Study
 Tribal Lands Workshops
 Projected for 2013
 Electronic offers by e-mail
 Turbo relocation
 LPA Stewardship
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MAP-21
Federal Update
Questions
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