[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20675]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

 

Right-of-Way Revolving Fund; Project Selection

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: The Federal-Aid Highway Act of 1968 amended section 108 of 
title 23 U.S.C. by adding section 108(c) establishing the right-of-way 
revolving fund with an authorization of $300 million from the Highway 
Trust Fund. Fiscal constraints, in recent years, have limited 
obligational authority to approximately $43 million per year. However, 
the demand for revolving funds has greatly exceeded available funds 
and, as a result, the projects selected for funding have received only 
approximately $1 for every $3 requested.
    The FHWA is publishing this notice to describe the project 
selection criteria and the process used to ensure that all requests are 
carefully screened to identify the most deserving projects. 
Furthermore, the FHWA desires to have the selection process completed 
in a timely manner so allocations can be made as expeditiously as 
possible once the funds become available.

FOR FURTHER INFORMATION CONTACT: Mr. Janis Gramatins, Realty 
Specialist, Special Programs and Evaluation Branch, Office of Right-of-
Way, HRW-12, (202) 366-2030; or Mr. Reid Alsop, Office of Chief 
Counsel, HCC-31, (202) 366-1371, Federal Highway Administration, 400 
Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:30 
a.m. to 4 p.m., e.t., Monday through Friday, except legal Federal 
holidays.

SUPPLEMENTARY INFORMATION: The regulation implementing 23 U.S.C. 108(c) 
is found at 23 CFR Part 712, Subpart G, Right-of-Way Revolving Fund. 
Additional guidance is found at 23 CFR Part 130, Subpart D, Advance 
Right-of-Way Revolving Funds.
    Since the inception of the program the revolving fund has generated 
a high level of activity. Thirty-nine States including Puerto Rico have 
taken advantage of the fund with total allocations to date of $714 
million. Currently there are 19 States actively involved with 
allocations of $244 million. Over the past several years, average 
annual requests for revolving funds have been $180 million. The demand 
and competition for these funds makes it incumbent upon us to ensure 
that the most deserving projects are selected. Further, these funds 
must be allocated as expeditiously as possible once they become 
available.

The Process

    No later than the first day of August of each year, the FHWA 
solicits from each State a request for projects, asking for their 
response by the first week of September. A State's request, which may 
include more than one project, is evaluated and ranked, by the FHWA 
Division office. The Division office forwards the State's request with 
the Division's evaluation and ranking to the Regional office which, in 
turn, evaluates and ranks all requests before forwarding them to FHWA 
Headquarters', Office of Right-of-Way.

Criteria

    The following criteria are used at each level of evaluation.

Cost Savings

    The primary intent of the program is to advance funds sufficiently 
early in project development to avoid escalating real estate costs or 
relocation costs associated with developed properties. An analysis of 
the estimated cost savings is required.

Type of Facility

    High-type, usually controlled access roadways serving important 
national or regional (sub-State) transportation needs with significant 
planned ADT, and passenger transit facilities, will receive priority 
consideration.

Environmental Assessment

    The potential of the project to enhance the environment or minimize 
negative environmental impacts of development is important. Because 
highway funds generally cannot be expended on a project until the 
appropriate environmental document has been prepared and approved, the 
status of the document is an important ranking factor. If the 
appropriate document has not been approved the expected date of 
approval should be so stated in the application.

Use of Prior Allocations

    With demand for revolving funds outstripping supply by a 3 to 1 
margin, the past performance, if any, of a State in returning the funds 
so they can be ``revolved'' to other projects is an important 
criterion.

Obligational Ability

    All funds must be obligated in the same year in which the funds are 
allocated. Any factors that may hinder the obligation of funds during 
the fiscal year in which they are allocated, must be addressed. Other 
criteria to be considered include total project cost, corridor 
preservation innovation, project connectivity [i.e., the relationship 
of the project with other highway, or intermodal, projects], and the 
national geographical distribution of funds available for allocation.

Project Selection and Notification

    The FHWA uses a multi-disciplinary team to evaluate and recommend 
projects for funding. If a recommendation is approved a preliminary 
allocation of funds for the selected project is made to the specific 
State through the FHWA field offices. Authority to obligate all or part 
of the allocated funds is granted when a State actually proceeds with 
land acquisition.

    Authority: 23 U.S.C. 101(a), 108, and 315; 49 CFR 1.48 (b); 23 
CFR 1.32.

    Issued on: August 16, 1994.
Rodney E. Slater,
Federal Highway Administration.
[FR Doc. 94-20675 Filed 8-22-94; 8:45 am]
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