Federal Highway Administration

1. Federal Highway Administration Federal Agency Update Symposium January 14, 2009 Las Vegas, Nevada Marshall Wainright Realty Specialist FHWA-Office of Real Estate Services David Blakeney Realty Officer FHWA-AR Division Acquisition & Relocation Incentives

2. Acquisition & Relocation IncentivesAgenda • Acquisition & Relocation Incentive History • Acquisition & Relocation Incentive Background and Policy Overview • 2008 FHWA Incentive Payments Peer Exchange • 2008 Right-of-Way and Utilities (ROWU) International Scanning Tour • Comments and questions

3. Acquisition & Relocation IncentivesHistory • 2000 International Scan Tour to Europe • Implementation Results • Changes in appraisal waiver limits and appraisal review modifications • Acquisition and Relocation Incentives Pilot Success and guidance issued • Accelerated Construction Technology Transfer (ACTT) workshops implemented to include ROW

4. Acquisition & Relocation Incentives Policy Overview & Background Benefits demonstrated from pilots: • Significant reduction in time • Reduction in right-of-way costs • Significant savings in project construction costs • Personnel hours that can be re-directed • Significant savings and benefits to the traveling public

5. Acquisition & Relocation Incentives Policy Overview & Background • Federal funds may participate in acquisition and relocation incentive payments • Incentive payments can decrease project delivery time • Consistent with the Uniform Act by encouraging expeditious acquisition of real property • Cannot result in reducing entitlements to property owners or displacees

6. Prior to Implementation State must: • Assure that use of incentive payments is permissible under State law • Assure availability of decent, safe, and sanitary comparable replacement dwelling units • Identify market trends such as escalating property values and increasing right-of-way costs • Determine the propriety of using acquisition and/or relocation incentive payments • Make a public interest finding that clearly demonstrates that the use of incentive payments is cost effective

7. Implementation of Incentives Policy • This is a voluntary program; States are not required to provide incentive payments • State must submit request in writing to FHWA • FHWA will evaluate merits, determine if proposal is appropriate and cost effective • FHWA may approve as a permanent policy or trial basis • FHWA will monitor results the first 2 years • INCENTIVES MUST NOT BE USED AS A SUBSTITUTE FOR GOOD PROJECT PLANNING AND SCHEDULING ADEQUATE LEAD TIME

8. Factors to Be Addressed State’s request must include: • An identification and discussion of factors to be considered • Description of how payment amounts will be determined • Description of safeguards in place to ensure there is no coercion • Description of actions to monitor implementation • Identification of specific performance measures to evaluate effectiveness

9. Additional Guidance • The State's determination that the use of acquisition incentive payments on a particular project is warranted must result from a rigorous examination of the relevant factors involved, including a discussion explaining why traditional methods will not meet project needs

10. Acquisition Incentives Guidance • Must present acquisition incentive offers to all project property owners on project • Acquisition incentive must not be coercive in nature • Can still do administrative settlements based on merit, which is documented • Acquisition incentive does not affect owner’s entitlement to relocation assistance

11. Relocation Incentives Guidance • These are additions to, not in place of, traditional relocation entitlements • These must be made available to all eligible displacees on the project • The acquisition incentive will NOT affect or reduce the relocation housing payment calculation

12. 2008 FHWA Incentive Payments Peer Exchange

13. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program

14. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program Approved Compensation is:

15. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program

16. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project

17. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project

18. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program

19. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program

20. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program • Consultant Projects • USACE South Florida Water Management District “Fish Camps” Project

21. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program • Consultant Projects • USACE South Florida Water Management District “Fish Camps” Project • Lambert Field - St. Louis International Airport, St Louis Missouri

22. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program • Consultant Projects • USACE South Florida Water Management District “Fish Camps” Project • Lambert Field - St. Louis International Airport, St Louis Missouri • Texas DOT Continued Occupancy Relocation Incentive

23. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program • Consultant Projects • USACE South Florida Water Management District “Fish Camps” Project • Lambert Field - St. Louis International Airport, St Louis Missouri • Texas DOT Continued Occupancy Relocation Incentive • Wisconsin DOT Incentive

24. 2008 FHWA Incentive Payments Peer Exchange • Florida DOT Acquisition Incentive Program • Virginia DOT Relocation Incentive Project • Indiana Acquisition and Relocation Incentive Program • Consultant Projects • USACE South Florida Water Management District “Fish Camps” Project • Lambert Field - St. Louis International Airport, St Louis Missouri • Texas DOT Continued Occupancy Relocation Incentive • Wisconsin DOT Incentive

25. 2008 FHWA Incentive Payments Peer Exchange Key Points Lessons Learned • One size doesn’t fit all • Don’t allow exceptions • States can have alternate procedures • Data & analysis needed to ensure process works • On-site offices beneficial • Incentives won’t work on all projects • Keep property owners informed (early & often) • Be well prepared

26. Federal Highway AdministrationUniform Act Update Right-of-Way and Utilities (ROWU) International Scanning Tour Australia - Canada September 4-19, 2008

27. 2008 Australia-Canada International Scan Overarching Themes • Promote non-adversarial solutions to right-of-way acquisition while respecting property rights • Improve working relationships with utility industry at all levels • Explore and promote the Alliance contract approach • Organize right-of-way and utility community to implement scan ideas

28. 2008 Australia-Canada International Scan--Top Implementation Ideas • Integrate right-of-way acquisition and utility coordination in an alliance contract approach • Enhance cooperative relationship with property owners to facilitate timely property acquisition • Promote visualization techniques to communicate anticipated project impacts to property owners • Develop framework to establish proficiency of right-of-way and utility professionals in core disciplines

29. 2008 Australia-Canada International Scan--Top Implementation Ideas • Promote incentive-based reimbursement for utility relocations • Pursue strategies to facilitate corridor preservation • Promote use of multiple-level MOU structure among transportation and utility interests • Develop GIS-based right-of-way project and asset management systems • Promote the use of best practices in utility coordination during the construction phase

30. Federal Highway AdministrationUniform Act Update Questions or Comments?

31. Federal Highway AdministrationUniform Act Update Marshall Wainright, Realty Specialist FHWA Office of Real Estate Services 1200 New Jersey Ave, SE Washington, DC 20590 Marshall.Wainright@dot.gov Contacts David Blakeney, Realty Officer FHWA Arkansas Division Office 700 West Capital Ave, Suite 313 Little Rock, AR 72201 David.Blakeney@dot.gov Gerald Solomon, Director FHWA Office of Real Estate Services 1200 New Jersey Ave, SE Washington, DC 20590 Gerald.Solomon@dot.gov

32. Federal Highway Administration Federal Agency Update Symposium January 14, 2009 Las Vegas, Nevada Acquisition & Relocation Incentives THANK YOU!