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NATIONAL FHWA ENVIRONMENTAL CONFERENCE 2008. INTEGRATING THE RIGHT OF WAY AND ENVIRONMENTAL PROCESSES. WHY INTEGRATE THE ROW AND NEPA PROCESSES. Compatible With The National Movement To Integrate Planning And Environment
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NATIONAL FHWA ENVIRONMENTAL CONFERENCE2008 INTEGRATING THE RIGHT OF WAY AND ENVIRONMENTAL PROCESSES
WHY INTEGRATE THE ROW ANDNEPA PROCESSES • Compatible With The National Movement To Integrate Planning And Environment • ROW Professionals Have Special Skills And Tools To Address Needs Of People Directly Effected By Projects • ROW Professionals Have A Unique Perspective Of Affected Communities • ROW Professionals Are A Key To Accurate Cost Estimation • ROW Professionals Understand Environmental Justice • ROW Professionals Are Critical To Effective Mitigation
POTENTIAL RESULTS OF INTEGRATION • A Streamlined NEPA Process That Saves Time And Money • Effective Context Sensitive Solutions • Improved Alignment Selection And Refinement • Accurate Cost Estimates During Planning And During The NEPA Process • Mitigation Of Direct Impacts Beyond What Is Available Under Normal Right Of Way Procedures
The 91st Congress The Uniform Relocation Assistance & Real Properties Act Purpose: To provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs and to establish uniform and equitable land acquisition policies for Federal and federally assisted programs
The 91st Congress The National Environmental Policies Act (NEPA) Purpose: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and the biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality
ROW AND WETLANDS MITIGATION Right Of Way Professionals Working With Wetlands Banking May Not Seem Compatible – But They Are • ROW Officials Are Familiar With The Local Territory And Wetland Areas Around The State • They Know How To Appraise Land Values • They May Have Contacts That Environmental Personnel Do Not Know About – Realty Personnel In Other Agencies
ROW AND WETLANDS MITIGATION • ROW Has The Legal Staff In Place To Provide Advise On Any Agreements, Proper Conveyance Of Real Property • They Are Staffed With Skilled Negotiators Which May Be Helpful In Potential Adverse But Critical Acquisitions • ROW May Have An Established Relationship With The Landowner Created From A Prior Project
IMPLEMENTAION OF106 AND 4 (f) Before After
MITIGATION FOR THE LOSS OF IMPORTANT COMMUNITY FACILITIES • The 91st Congress Established The Uniform Act As Mitigation For Disproportionate ROW Impacts • It Makes Homeowners And Residential Tenants Whole • The Benefits Provided For Businesses And ESPECIALLY Non-Profit Organizations Can Be Inadequate • Often Important Community Facilities And Services Cannot Be Restored Through Normal Right Of Way Benefits Alone
MITIGATION THROUGH THE NEPA PROCESS CAN OFTEN MAKE A GREAT DIFFERENCE • Allows An Agency To Exceed The Benefits Provided By The Uniform Act • Additional Benefits Are Environmental Mitigation – Not Right Of Way Actions • Important Community Facilities Can Be Re-Established • Context Sensitive Solutions Can Be Implemented
FUNCTIONAL REPLACEMENT REPLACES “PUBLICLY OWNED” COMMUNITY FACILITIES
WHAT MISSISSIPPI HAS DONE ALREADY • Staffed The Environmental Division With Two Very Experienced Right Of Way Specialists • Write And Review ROW And Community Impact Sections Of NEPA Documents • Can Address ROW Questions At Any Time During The NEPA Process • Coordinate With ROW Division On All Issues • Work Hand-In-Hand With NEPA Community Impact Specialists • Coordinate With ROW Especially During Public Meetings And Hearings