[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Page 40878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19816]



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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. 95-23]


Uniform Relocation Act, Certification Pilot Program in Florida

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Florida Department of Transportation (FDOT) proposes to 
comply with the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act (Uniform Act) on Federal-aid highway projects 
in two of its districts through use of a certification procedure 
permitted by the Uniform Act. The FDOT would comply with the Uniform 
Act by conducting its right-of-way program in accordance with State 
laws determined by the FHWA, the Federal lead agency for the Uniform 
Act, to have the same purpose and effect as the Uniform Act. Comments 
are requested on the FDOT's proposed certification and on the 
determination sought from the FHWA concerning the purpose and effect of 
the State laws relied on by the FDOT.

DATES: Comments are requested by September 11, 1995.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 95-23 
Federal Highway Administration, Room 4232, HCC-10, Office of Chief 
Counsel, 400 Seventh Street, SW., Washington, DC 20590. All comments 
received will be available for examination at the above address between 
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped envelope/postcard.

FOR FURTHER INFORMATION CONTACT: Marshall Schy, Chief, Policy 
Development Branch, Office of Right-of-Way, HRW-11, (202) 366-2035; or 
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 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Uniform Act (42 U.S.C. 4601-4655) 
provides relocation benefits to persons forced to move by Federal or 
federally-assisted programs or projects. It also establishes policies 
relating to the acquisition of real property for such programs or 
projects. The FHWA has been designated the Federal Government's lead 
agency for implementing the Uniform Act.
    Sections 210 and 305 of the Uniform Act (42 U.S.C. 4630 and 4655) 
require State agencies that receive Federal financial assistance for 
programs or projects that will result in the acquisition of real 
property or the displacement of persons to provide ``assurances'' that 
they will comply with the Act's provisions. Section 103 of the Uniform 
Act (42 U.S.C. 4604) provides that, in lieu of those assurances, a 
State agency may comply by certifying (and receiving the FHWA's 
determination) that it will be operating under State laws that ``will 
accomplish the purpose and effect'' of the Uniform Act.
    The FDOT has applied for the establishment of a certification pilot 
program that would cover Uniform Act compliance on Federal-aid highway 
projects for a period of two years. The pilot program would be limited 
to the FDOT's Districts 2 and 4. District 2 includes the area 
encompassed by the counties of Alachua, Baker, Bradford, Clay, 
Columbia, Dixie, Duvall, Gilchrist, Hamilton, Lafayette, Levy, Madison, 
Nassau, Putnam, St. Johns, Suwannee, Taylor, and Union. District 4 
includes the area encompassed by the counties of Broward, Indian River, 
Martin, Palm Beach, and St. Lucie.
    In its certification application the FDOT relies on the authority 
in sections 120.543 and 339.05 of the Florida statutes, and on the 
existing FDOT right-of-way procedures. The two statutory provisions 
grant the FDOT broad authority to comply with Federal (Uniform Act) 
requirements. The FDOT right-of-way procedures govern the FDOT's 
compliance with the provisions of the Uniform Act. Accordingly, if the 
certification pilot program is approved, it is anticipated that the 
level of benefits and assistance provided to property owners and 
displaced persons will remain virtually unchanged since the FDOT will 
continue to operate under the same State laws and procedures that 
currently govern its compliance with the Uniform Act. The primary 
changes are expected to be the elimination of FHWA approvals or 
oversight of Uniform Act implementation in the two FDOT districts and 
the simplified administration associated with the State operating under 
its own procedures.
    If the certification pilot program is approved, the FHWA, under 
section 103(c) of the Uniform Act, could still withhold project 
approvals or rescind acceptance of the FDOT's certification if the FDOT 
failed to comply with the certification or with the State law upon 
which the certification was based.
    In accordance with section 103(b)(3) of the Uniform Act, the FHWA 
is providing an opportunity for public review and comment before making 
a determination concerning the ``purpose and effect'' of such State 
laws. Following the expiration of the comment period the FHWA will make 
a determination concerning the purpose and effect of the applicable 
State laws, and will either approve or disapprove the FDOT 
certification request.

    Authority: 42 U.S.C. 4604.

    Issued on: August 3, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-19816 Filed 8-9-95; 8:45 am]
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