Federal Highway Administration Updates and Regulatory Processes Overview

This content covers updates from the Federal Highway Administration (FHWA), including the NW Regional Right-of-Way Conference in 2015, the federal rule-making process, agency regulatory updates, and changes in CFR regulations. It also discusses proposed highway bill reauthorization acts such as the GROW AMERICA Act, outlining their objectives and funding mechanisms.

• Federal Highway Administration
• Regulatory Updates
• Rule-Making Process
• Highway Bill Reauthorization
• Infrastructure

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1. FHWA Update NW Regional ROW Conference October 26, 2015 Dan Mathis, WA Division Administrator Phil Ditzler, OR Division Administrator

2. Federal Rule-Making Process NPRM Steps 1. Publish an annual plan to update the public on pending regs 2. Draft new proposed regulatory language 3. Significant draft proposals analyzed by OIRA or Admin. 4. The NPRM is published for comment - Usually 30-60 days (can go up to 180 days) 5. Considers comments received - If significant, may publish a supplemental proposed rule. - If minor, agency proceeds with the final rule. 6. If significant, OIRA will analyze the proposed final rule 7. Final rule published in FR w/effective date 30 days after publication 8. CFR updated with the final rule s language in e-CFR update. 2

3. All Federal Agency Regulatory Updates Reginfo.gov 3

4. Status of 23 CFR 710 Update Terminology update ROW Use Agreements (in place of airspace leases) Early Acquisition ROW Manual or RAMP 23 CFR 635.309(c) also updated as part of NPRM Reginfo.com Status Page 4

5. Status of 49 CFR 24 Update Relocation Payment Amount Increased FHWA has new authority to further increase relocation payments Homeowner Occupancy Requirements changed Update Pending 5

6. Reauthorization Existing Highway Bill Proposals Grow America Act Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act Drive Act Developing a Reliable and Innovative Vision for the Economy Act STRR Act - Surface Transportation Reauthorization and Reform Act 6

7. GROW AMERICA Act (Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act) Proposed by the Obama Administration Introduced March 2015 6-year, $478 billion bill Increases transportation investment by 45% New revenues through corporate tax reform Expands HTF into a Transportation Trust Fund (TTF) New funding to support: o Aging infrastructure program o Freight investment program o Innovative solutions TIFIA loan program expanded 7

8. DRIVE Act (Developing a Reliable and Innovative Vision for the Economy Act) Proposed by the Senate Introduced July 2015 6-year, $344 billion Increases highway investment by 8% Funded for 3 years Supports core formula programs Provides support for a National Freight Program & Assistance for Major Projects TIFIA loan program scaled back Chairman James Inhofe, OK Ranking Member Barbara Boxer, CA Senate Environment & Public Works Committee 8

9. STRR Act (Surface Transportation Reauthorization and Reform Act) Proposed by the House of Representatives Introduced October 16, 2015 6-year, $325 billion Increases highway investment by 6% Does not include new HTF revenues Expands STP into a Block Grant Program Creates program for Nationally Significant Freight & Highway Projects TIFIA loan program reduced 9

10. Legislative Process Next Steps Continuing Resolution (CR) anticipated Current CR expires October 29th Expect another short-term Continuing Resolution Congressional agreement on proposals House committee markup, address funding & floor vote House/Senate conference to resolve differences in two bills 10

11. Risk-Based Stewardship & Oversight (RBSO) Core Principles Risk Based, Data-Driven, Value-Added, and Consistent Program Strategic National Initiatives National Program S&O Initiatives - Program Reviews Division Program S&O - Process Reviews Project Compliance Assessment Program (CAP) Projects of Division Interest (PoDIs) Projects of Corporate Interest (PoCIs) 11

12. ROW Innovations Oregon Division Innovative Approaches to Solving Complex ROW Acquisitions Reverse Mortgage ODOT project involved a total take of a property with a reverse mortgage. Not a common occurrence so no formal polices or guidance was readily available. The solution required creativity and innovation to create a win-win for all parties involved. 12

13. ROW Innovations Oregon Division Speeding Project Delivery with Flexible Approaches to Acquisitions Alternative Acquisitions Voluntary program to purchase small work areas for driveway reconnections. Complements the 1R paving program which is another innovative ODOT program. Designed to respect the property rights of the landowner and foster good stewardship of tax payer funds. 13

14. ROW Innovations Bigelow Gulch MOA Provided direction to LPA on defined fixes to address Uniform Act violations Project was federalized due to FHWA funding phase 1 Re-established partial federal eligibility Was the first of its kind in the country 14

15. ROW Innovations Accommodating Light Rail w/in Interstate ROW so long as: Allows for future highway improvements Doesn t create issues for: - Safety - Operations - Maintenance 15

16. Now What Are Your Questions? 16