[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Pages 1984-1985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-989]



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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.

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SUMMARY: On August 10, 1995, FHWA published a Notice with request for 
comments concerning The Florida Department of Transportation's (FDOT) 
proposal 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 proposed to 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. This notice is to inform the public that FHWA has accepted 
FDOT's certification.

DATES: The certification became effective on October 1, 1995, and will 
run for a period of two years.

FOR FURTHER INFORMATION CONTACT:
Marshall Schy, Office of Real Estate Services, HRW-10, (202) 366-2035; 
or Reid Alsop, Office of Chief Counsel, HCC-31, (202) 366-1371, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 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 applied for a certification pilot program that would cover 
Uniform Act compliance on Federal-aid highway projects for a period of 
two years. The FDOT proposed to limit the pilot program to its 
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 

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Broward, Indian River, Martin, Palm Beach, and St. Lucie.
    On August 10, 1995, FHWA solicited public comments (60 FR 40878) 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. No comments were received. On September 29, 1995, FHWA 
determined that the laws and operating procedures relied on by FDOT 
have the same purpose and effect as the Uniform Act and accepted FDOT's 
certification, effective October 1, 1995, for a period of two years.
    In its certification application the FDOT relied 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. 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.
    Under the certification pilot program, the FHWA, under section 
103(c) of the Uniform Act, still can withhold project approvals or 
rescind acceptance of the FDOT's certification if the FDOT fails to 
comply with the certification or with the State law upon which the 
certification was based. The FHWA and FDOT will review the operations 
of the pilot program at its midpoint and following its completion.

    Authority: 42 U.S.C. 4604; 23 U.S.C. 315; 49 CFR 1.48.

    Issued on: January 5, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-989 Filed 1-23-96; 8:45 am]
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