Accomplishments and Activities Report

Federal Highway Administration (FHWA)
Office of Real Estate Services

October 2007

Major Projects

On February 6, 2006, the Office of Real Estate Services issued major project guidance for Division Realty Professionals. Major projects are defined as projects over $500 million. This substantially increased the number of projects on which the FHWA Realty Professionals are providing oversight, including assurance that the right-of-way portion of the cost estimate is realistic. On January 19, 2007, the FHWA Office of Infrastructure issued final major project guidance. We are in the process of updating our realty guidance to address the recent change.

Congestion Reduction

In 2006 the Secretary of Transportation announced a department-wide initiative to reduce congestion. The Office of Real Estate Services has three initiatives underway that contribute to this initiative.

1. Right-of-way Incentive Payments (Voluntary) for Acquisitions and Relocations: The Office of Real Estate Services is working with Divisions to help States implement our 2006 incentive guidance located at http://www.fhwa.dot.gov/realestate/acqincentguid.htm. This provision provides flexibility for saving time on acquisitions and relocations for congestion-reducing projects. Use of incentive payments is voluntary on the part of the State. Any State that decides to undertake such a program must develop a procedure and have the procedure approved by the FHWA to assure Federal participation. The initiative to pilot incentives and develop incentive program guidance was a direct result of the 2000 European Right-of-Way and Utilities Best Practices Scan.

2. Right-of-Way Advance Acquisition: The Office of Real Estate Services is developing guidance to help States carry out advance acquisition of right-of-way that will assist States to deliver congestion-reducing projects.

3. Right-of-way Support for Access Management: The Office of Real Estate Services assists the Office of Operations to provide techniques for congestion relief by decreasing conflict points and increasing the ease of through traffic. The Office of Real Estate Services has prepared a CD to distribute the 2006 FHWA access management primer and video that explains access management to business owners to win their support for access management related congestion reduction projects. The primer and video can be downloaded free by going to http://www.accessmanagement.gov/ and http://www.teachamerica.com/amv/. The CD is available by contacting Kathleen.Facer@fhwa.dot.gov or calling 785-271-2448 x 224.

Supercompensation

On January 27, 2007, the Office of Real Estate Services issued policy and guidance on supercompensation payments incurred for acquisition of real property on projects eligible for Federal-aid highway funding. Supercompensation payments are those State mandated payments which are in excess of the fair market value of a condemned property. Supercompensation payments, where necessary to satisfy just compensation requirements under applicable State law, are a direct cost of acquisition that is eligible for reimbursement pursuant to 23 CFR 710.203. This payment is considered a component of the acquisition cost, and as such, must be included when calculating replacement housing payments. This treatment is similar to that of court awards and administrative settlements.

Cost Estimating

The Office of Real Estate Services is partnering with the National Cooperative Highway Research Program (NCHRP) to sponsor a study called Right-of-Way Methods and Tools to Control Project Cost Escalation. This study, reviewing best practices specifically focused on the right-of-way aspects of cost estimating, will not be available until 2008. The 2007 NCHRP Report 574 is a guidebook on highway cost estimation management and project cost estimation procedures that aim for consistency and accuracy between long-range transportation planning, priority programming, and preconstruction cost estimates. This guide provides strategies, methods, and tools to develop, track, and document realistic cost estimates.

Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Uniform Act)

Potential Uniform Act Statutory Update

The FHWA completed several activities to determine the need for and the feasibility of updating the Uniform Act. Activities included nationwide listening sessions involving our State partners and others on needed changes and our national business relocation study. The FHWA convened a Federal interagency working group to review, analyze and consolidate requested changes, and develop a suggested Uniform Act statutory update. We are preparing a legislative proposal of suggested updates to send to the Offices of the Secretary of Transportation and Management and Budget.

Uniform Act Regulatory Material and Tools

The revised 49 CFR Part 24 was published on January 4, 2005 and became effective
February 3, 2005. A self-paced Uniform Act tutorial based on the regulation is available on our website. A self-paced Uniform Act based real estate acquisition tutorial on CD, for use by local public agencies for acquisitions under the Uniform Act, is available; additional copies can be made as needed. The Uniform Act frequently asked questions (FAQs) can be found at http://www.fhwa.dot.gov/realestate/ua/uafaqs.htm. A side by side comparison shows changes from the previous FAQs. The FHWA acquisition and relocation brochures can be downloaded from www.fhwa.dot.gov/realestate/publicat.htm. The FHWA guide for preparing an appraisal scope of work can be found at http://www.fhwa.dot.gov/realestate/sow4.htm.

State Right-of-Way Procedural Manuals

Congratulations are in order for all the hard work and perseverance required to update the procedural manuals to reflect the 2005 revised Uniform Act regulation!

Relocation Cost Schedule

Plans are underway to update the fixed payment for residential moving expenses in 2008. Expect a request for updated moving cost data in the summer of 2007. The current schedule uses 2004 data. The schedule provides an alternative for displaced persons who do not choose to be paid moving and related expenses based on actual costs incurred. It is located at http://www.fhwa.dot.gov/realestate/fixsch96.htm.

Guidance on Eminent Domain Provision of Department of Transportation Appropriations Act, 2006

The Office of Real Estate Services developed and issued guidance on February 24, 2006, pertaining to Section 726 of the 2006 transportation appropriation act, P.L. 109-115, div A. This provision prohibits use of FY 2006 Federal funds on projects that use eminent domain, unless the eminent domain is for a public use. The guidance states that transportation projects serve a public use and should, in most cases, be exempt from this provision. Ensuring compliance with the prohibitions of Section 726 is the responsibility of each Division office. The Division office shall ensure that programs and projects receiving FY 2006 Federal financial assistance are in compliance, using methods appropriate to ensure compliance, such as, reviewing the project concept in planning, reviewing the purpose and needs statement in National Environmental Policy Act (NEPA), or reviewing the application for funding.

Government Accountability Office (GAO) Report on Eminent Domain

We reviewed and distributed the November 2006 GAO report entitled Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities is Limited is available online at http://www.gao.gov/.

2006 AASHTO/FHWA Best Practices Scan in Florida, Minnesota, and Texas

A right-of-way acquisition and utilities relocation scan to Austin, Texas; Minneapolis, Minnesota; and Orlando, Florida was completed the week of July 10, 2006. Scan participants discussed best practices and lessons learned, including excellent teamwork examples. Participants were able to view first hand right-of-way acquisition underway for an arterial widening, and several project related complications, such as encroachments and environmentally required drainage ponds. The scan included innovative approaches to partnering with developers and a discussion of the Texas future toll road partnership. On site visits included projects under construction. It offered participants a chance to see right-of-way problems solved and to experience cooperation with local Government agencies. In Minnesota, the focus was on utilities, electronic project tracking, and visualization techniques.

Scan participants found shared common traits that contributed to the success of the programs of three state agencies scanned. These included commitment to creating a supportive institutional environment; focus on process; investment in technical tools; and, willingness to make use of other incentives and techniques as appropriate. Scan participants included officials from States, the FHWA Division Offices and the Washington, DC Headquarters staff. Each participant is involved in outreach and follow-up implementation of best practices identified and sharing lessons learned. A scan presentation is available. The group recommends that right-of-way and utility staff be invited to future American Association of State Highway and Transportation Officials (AASHTO) scans, even on topics seemingly unrelated. The report is posted at http://www.fhwa.dot.gov/realestate/scans/index.htm.

The Office of Real Estate Services' Domestic Scans

The Scan results are posted at http://www.fhwa.dot.gov/realestate/scans/index.htm.

2006 Access Management Scan

In the fall of 2006, the FHWA conducted a domestic access management scan. The document report is available at http://www.accessmanagement.info/2006SCAN/index.htm. The tour focused attention on access management successes involving local jurisdictions. It provides good examples demonstrating the role local jurisdictions play in coordinating their transportation planning, development review and permitting process, and comprehensive planning to achieve good access management outcomes. The scan found that a major key to success for access management is a multi-disciplinary and multi-jurisdictional approach that brings engineering, transportation planning, and land use decision-making together early.

Public-Private Partnerships (PPP)

The Office of Real Estate Services reviewed several PPP proposals for Uniform Act and Title 23 right-of-way components. Private parties often perceive Uniform Act requirements as onerous. Partners must establish a process that includes right-of-way accountability, integrity, and transparency, where roles, responsibilities, risks, and rewards are clearly defined and understood, with due diligence to ensure compliance with contract conditions and requirements.

Special Experimental Program No. 15 (SEP-15)

The SEP-15 permits experimentation in the project development process, and is specifically aimed at attracting private investment. The lessons learned from SEP-15 will aid the FHWA in developing more effective approaches to project planning, development, design, finance, construction, maintenance, and operations.

Program Delivery Improvement Tool (PDIT)

The FHWA, with input from the AASHTO Officials, developed a tool to assess the FHWA/AASHTO delivery process. The Program Delivery Assessment Tool, envisioned to cover major project areas, including right-of-way and Outdoor Advertising Control (OAC), will be piloted in MD, MO, NC, NM, and UT.

Excellence in Right-of-Way Awards

Plans are underway for the 2008 Excellence in Right-of-Way Awards! The categories again will be leadership, innovation, stewardship, technical specialties including outdoor advertising control, streamlining and integration. Awards will be presented at the 2008 AASHTO/FHWA annual right-of-way and utilities meeting. The award program is designed to recognize outstanding innovations that enhance the right-of-way professional's ability to meet the challenges associated with acquiring real property for a federal-aid project. It is a biennial award program that provides a way to honor those that excel in streamlining or improving the real property acquisition process while ensuring that the rights of property owners and tenants are protected.

See the 2006 winners at the Office of Real Estate Services' Website:

Excellence in Right-of-Way Stewardship Award
Minnesota Department of Transportation

Excellence in Right-of-Way Innovation Award
Utah Department of Transportation

Excellence in Right-of-Way Leadership Award
Robert Macpherson (California Department of Transportation)
Mickie McJunkin (Georgia Department of Transportation)

Excellence in Right-of-Way Streamlining and Integration Award
Florida Department of Transportation

Honorable Mention
Arizona Department of Transportation

Excellence in Right-of-Way Technical Specialties Award
Woodrow Wilson Bridge Project

Honorable Mention
South Carolina Department of Transportation

The Office of Planning, Environment & Realty Award to Honor Efforts to Improve the Human Environment

Look for information later in 2007 on this new award. The focus is on people, including efforts made by realty personnel, to develop projects that are more sensitive to the community.

Outdoor Advertising Control Language Guide

An Outdoor Advertising Control Language Guide is now posted on the Office of Real Estate Services website at http://www.fhwa.dot.gov/realestate/oacguide.htm. It is provided to increase understanding of the outdoor advertising control program.

Airspace Lease, Bridge and Tunnel Security

On March 22 and 23, 2006, we held teleconferences to discuss right-of-way security issues with Division realty professionals. Items covered included:

1. High priority right-of-way related highway facility security issues.
2. Gaps or needs related to right-of-way security guidance, information and resources.
3. Experience or best practice examples related to right-of-way security.

Accelerated Construction Technology Transfer (ACTT) Workshops

The Office of Real Estate Services assists in ACTT workshops facilitated by the Office of Infrastructure. The right-of-way and utility experts participate in workshops prepared by the host State. The Ohio workshop held in 2007 involved right-of-way and utility national experts. ACTT workshops are designed to evaluate all facets of a highway project to optimize cost-effectiveness, timeliness, and safety, while minimizing adverse impacts. Results can be found at http://www.fhwa.dot.gov/construction/accelerated/.

Research

Surface Transportation Environment and Planning Cooperative Research Program (STEP)

A Federal Register notice will be issued soon requesting stakeholder input to the FY08 research initiative established by Section 5207 of SAFETEA-LU. The cooperative research program for environment and planning research is called “STEP.” This program is the only opportunity for future Federal funding for realty related research. The two STEP studies at http://www.fhwa.dot.gov/hep/step/fy07rp.htm#Outdoor are approved for FY 07 funding: The Safety Effects of Electronic Advertising Signs on Driver Attention and Identifying Research Questions on the Impact of Outdoor Advertising to the Economy of the Surrounding Area. Potential research activities can include: assessing and developing improved tools, techniques, and procedures for real estate and OAC; identifying and assessing results of policies and guidance for realty acquisition and relocation; developing innovative information-sharing methods among practitioners, including identifying and communicating new and best practices and research results; maintaining communities of practice and a website for real estate and OAC; developing training and technical assistance; identifying analytical needs. Cost-sharing with States and other agencies will be sought to maximize the funding available for these activities. For questions regarding STEP funding contact Felicia Young, Office of Interstate and Border Planning, (202) 366–1263, felicia.young@fhwa.dot.gov.

Turbo Relocation

AASHTO has put together a task group comprised of State DOT, Local and Public Agencies and the FHWA professionals to develop specifications for a software product to calculate relocation benefits. On April 4, 2007, AASHTO announced the availability of a Request for Information (RFI) for a potential new AASHTOWare® product to be developed through its cooperative software development program. Interested software development firms were asked to respond to the RFI by April 27, 2007, with a statement of qualifications as well as non-binding cost estimates. Only those firms responding to the RFI will be eligible to respond to the Request for Proposal should AASHTO member agencies agree to fund the development of the project. The proposed project, Turbo Relocation™, is a software solution which will address an emerging need to automate relocation calculations that can be used by any agency or their contractor to implement the requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 (Uniform Act). Inquiries may be directed to Tony Bianchi, Project Manager, at tbianchi@aashto.org or (202) 624-5821.

Future Needs of Public Sector Real Estate

The Office of Real Estate Services completed a research effort, Future Needs of Public Sector Real Estate, to enable the FHWA, other Federal agencies performing real estate acquisition, and our non-federal partners to make strategic decisions about resources so that public sector real estate work in the future is accomplished as effectively and efficiently as possible. Three consultants, using different approaches, completed research aimed at identifying and exploring trends and changes in public sector real estate from 2006 to 2035. They identified a short list of critical policies, procedures, tools, technologies and best practices for providing public sector real estate services:

• Item 1. Communication and Visualization
• Item 2. Real Estate Profession
• Item 3. Partnerships
• Item 4. Uniform Act Lead Agency
• Item 5. Uniform Act
• Item 6. Think Tank
• Item 7. Technology
• Item 8. Real Estate Integration
• Item 9. Training
• Item 10. NEPA
• Item 11. 23 Code of Federal Regulations (CFR for Highways)
• Item 12. 49 Code of Federal Regulations (CFR for Uniform Act)
• Item 13. Real Estate Delivery Model
• Item 14. Real Estate Cost Estimating
• Item 15. Real Estate Researc

The three reports can be found at http://www.fhwa.dot.gov/realestate/publicat.htm#research.

Acquisition of Easements over Native American Lands for Transportation Projects

This research identifies challenges associated with the timely acquisition of rights-of-way from Native American entities, and identifies practices used by several State DOTs to effectively address these challenges. The report can be found at http://www.fhwa.dot.gov/realestate/acqeasindex.htm.

Outdoor Advertising Control (OAC) Stakeholders Assessment

The FHWA initiated an OAC Stakeholders Assessment. The goal of the assessment is to reach out, through a neutral party, to all OAC stakeholders to identify issues in controversy, the affected interests, and appropriate forms of handling conflict. The FHWA executed an interagency agreement with the U.S. Institute for Environmental Conflict Resolution to conduct this effort. The effort identifies issues that cause controversy, perspectives of stakeholders, and appropriate methods for addressing conflicts. The investment of time and money in the assessment was warranted as a proactive measure to work with stakeholders in a cooperative effort to address conflicts and evaluate opportunities to improve the efficiency and effectiveness of the program.

Integrating Geo-Spatial Technologies into the Right-of-Way Data Management Process

Planning is underway for a 2007 peer to peer exchange similar to our 2004 ROW/GIS scan. A Phase I synthesis, NCHRP 8-55, was completed. A summary report, NCHRP Research Results Digest 310, was published in December 2006. The contractor is working on Phase II of the study which is to develop a model GIS technology using elements that include data from all right-of-way project phases. This model can be used by states considering adapting to an enterprise GIS system.

Effectiveness and Impacts of Appraisal Waivers

This study evaluated if appraisal waivers are accomplishing the intended goals of minimizing administrative costs and expediting the acquisition of real property. One recommendation is that property owners be given the offer to accompany during the property inspection. Study recommendations can be found at http://www.fhwa.dot.gov/realestate/appwaivindex.htm.

Electronic Appraisal System

The multi-state sponsored pooled fund study has completed research on electronic transmission and storage related documents. The research team collected appraisal forms from several State DOTs to develop the framework for an electronic appraisal system. The end product is a tool for appraisers, in order to facilitate the preparation, review and sharing of appraisals.

Synthesis and Analysis of Interagency Real Estate Agreements

This study compiled information to foster interagency cooperation and collaboration in the transportation decision-making process regarding real estate. Workshops were held for Federal agencies to discuss interagency agreements and best practices related to Federal land transfers. This study analyzed a system of checks and balances in providing land necessary for transportation purposes. The study results are available at http://www.fhwa.dot.gov/realestate/interagency/index.htm. We have developed a Federal land transfer forum on the Real Estate Exchange Community of Practice at http://knowledge.fhwa.dot.gov/cops/rex.nsf/home. The forum includes a reference section for sample agreements. Additional pertinent Federal land transfer information and links will be added in the future.

Uniform Act Training, Certification Needs, and Implementation Program

This study pointed out the need for a Right-of-Way Professional certificate program recognizing the specialized abilities required to implement the Uniform Act. A Right-of-Way Professional certification has potential for a positive impact upon the FHWA and other Government agencies that provide services under the Uniform Act and the regulation, 49 CFR Part 24. We, with International Right-of-Way Association (IRWA), are pursuing a viable mechanism for a certification process with major stakeholder involvement.

Training

NHI Offers Certificates of Accomplishment

NHI now offers Certificates of Accomplishment to support transportation professionals as they learn, build, and refine their skills in a variety of topic areas. Launched in October 2006, the Certificates of Accomplishment represent suites of complementary NHI courses-bundled together-that enable participants to enhance their depth and breadth of knowledge and expertise in specific disciplines. The certificate program comes as a response to customer feedback and requests from industry partners with whom NHI works in serving the transportation industry. NHI's Certificate of Accomplishment is available in Relocation under the Uniform Act. This certificate encompasses three updated courses that address residential and business relocation issues related to moves governed by the Uniform Act. The courses range from basic residential moves to advanced relocation topics to complex business relocations.

The following courses comprise the certificate of accomplishment in Relocation under the Uniform Act:

• FHWA-NHI-141029-Basic Relocation under the Uniform Act
• FHWA-NHI-141030-Advanced Relocation under the Uniform Act
• FHWA-NHI-141031-Business Relocation under the Uniform Act
  • Course material, including the instructor's guide, for NHI courses are available to Divisions and States to present training sessions.
  • Appraisal under the Uniform Act is a two-day NHI course that is available and posted on the NHI site. Course material is available on a CD.
  • An NHI appraisal review course is available. Course material is available on a CD.
  • Online Outdoor Advertising Control (OAC) courses are now available!
  • The updated web-based Uniform Act training course titled Real Estate Acquisition under the Uniform Act: an Overview, NHI #141045, is available for no charge. This course helps participants recognize what they need to know when acquiring real estate for a Federally funded project. The audience is Federal, State, and local government employees, as well as consultants who acquire real estate.
  • The web-based local public agency (LPA) real estate acquisition course is available! The course provides a basic understanding of Federal-aid real estate acquisition regulations and statutes. The layout of the workshop follows the Real Estate Acquisition Guide for Local Public Agencies. Copies of the CD can be made as needed, as it is not copy protected. These seven modules are available on-line, for FREE, Real Estate Course FHWA-NHI-141047 at http://www.nhi.fhwa.dot.gov/training/brows_catalog.aspx

Professional Development Program (PDP)

Our right-of-way training PDP participants are Maggie Duncan-Augustt, Iowa Division; Yolanda Jordan, Ohio Division; and Dana Curtis, Oregon Division. The PDP participants complete a two-year training program, rotating through Headquarters, State, and Division Offices to acquire needed skills. Recruitment is open periodically for applicants. For information contact Serena Matthews at 202-366-1201.

For Office of Real Estate Service program information, products, and publications please visit www.fhwa.dot.gov/realestate.