Nelson Castellanos Federal Highway Administration March 12, 2013

Outline

 Highlights of MAP-21  Key challenges/opportunities  Progress on implementation 2

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 1 st  Average annual funding for FY-13 and 14 at $41.0 billion 3

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 4

Program Structure

MAP-21

National Highway Performance Program (NHPP) Surface Transportation Program (STP) Congestion Mitigation & Air Quality Improvement Program (CMAQ) Highway Safety Improvement Program (HSIP)

Current Law

NHS, IM, & Bridge (portion) STP & Bridge (portion) CMAQ Railway-Highway Grade Crossing

(takedown from HSIP)

Metropolitan Planning Transportation Alternatives

(setaside from NHPP, STP, HSIP, CMAQ, and Metro Planning)

HSIP (incl. High Risk Rural Roads) Railway Highway Grade Crossing Metropolitan Planning TE, Recreational Trails, and Safe Routes to School 5

$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 6

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Right-of-Way Update

 Early Acquisition  Uniform Act  Outdoor Advertising  Junkyard Control 8

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 9

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. 10

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 11

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 12

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. 13

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) 14

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 15

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 17

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 18

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, 19

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 21

MAP-21 Federal Update

Questions

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