[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33165-33166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16261]



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DEPARTMENT OF TRANSPORTATION
[FHWA Docket No. 96-24]


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) has proposed 
to extend the coverage of the certification of its right-of-way program 
from two districts to the entire State. This certification procedure 
allows the State to comply with the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act (Uniform Act) on Federal-aid 
highway projects by operating under its own equivalent State law and 
procedures. This notice requests comments on the State's proposal to 
extend the certification's coverage to the entire State.

DATES: Comments are requested by July 26, 1996.

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, 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: On August 10, 1995, the FHWA published a 
notice (60 FR 40878) requesting comments on a Florida Department of 
Transportation proposal to comply with the Uniform Relocation 
Assistance and Real Property

[[Page 33166]]

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 (42 U.S.C. 4601 et seq.). 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. On January 24, 1996, the FHWA published a 
notice (61 FR 1984) informing the public that it had accepted FDOT's 
certification.
    The Uniform Act 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. On September 29, 1995, after providing an 
opportunity for comments, the FHWA determined that the laws and 
operating procedures relied on by the 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 (61 FR 1984). The FDOT now 
has accumulated sufficient experience operating under the certification 
that it wishes to extend the program to all of its districts.
    In its new certification application the FDOT relies on the same 
authority as its earlier application, sections 120.543 and 339.05 of 
the Florida statutes and 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 
are the mechanism for insuring the FDOT's compliance with the 
provisions of the Uniform Act. As with the existing certification, it 
is anticipated that the level of benefits and assistance provided to 
affected property owners and displaced persons will remain virtually 
unchanged since the FDOT will continue to operate under the same laws 
and procedures that it currently utilizes in implementing the Uniform 
Act. The primary changes are expected to be the elimination of FHWA 
approvals or oversight of Uniform Act implementation in the six FDOT 
districts not now covered and the simplified administration associated 
with the State operating under its own procedures. If approved the 
extended certification would run until the close of the earlier 
certification, that is, September 30, 1997.
    As noted previously, 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 
completion.

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

    Issued on: June 11, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-16261 Filed 6-25-96; 8:45 am]
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