U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
DelMar Division
Page 1 - Page 2
All Federal, State, and local public agencies (and others receiving Federal financial assistance for public programs and projects requiring the acquisition of real property) must comply with the policies and provisions set forth in the Uniform Act and its amendments. The current regulations implementing the Uniform Act were first published in the Federal Register of March 2, 1989, and are codified in the Code of Federal Regulations, Title 49, Part 24. These regulations contain the standards and procedures that acquiring agencies must follow in their appraisal, acquisition, and relocation assistance programs.
Additionally, state and local public agencies using federal funds for transportation programs administered under Title 23 U.S.C. must adhere to the regulations contained in Title 23 U.S.C. 710 in the administration of their Right-of-Way (ROW) programs.
The following oversight functional areas involving the Federal-aid ROW program are covered under 49 CFR (24), which has no provision for exemptions under Title 23 U.S.C.:
The work activities listed below are covered under 23 CFR (parts are listed in parenthesis) and require specific approval and/or oversight by FHWA:
The work activities listed below are covered in 23 CFR and do not require specific program or project approvals, but are not exempted from FHWA oversight under Title 23 U.S.C.:
Even though there are no exemptions under the law for any functions covered in 49 CFR 24, for practical purposes there are two levels of review of those elements. One level depends on whether the project involves ROW acquisition and has Federal-aid in other phases of work but none in ROW. The second level depends on whether there is Federal-aid in the ROW project phases. Although the ROW regulations must be followed under both levels, there is less concern about the reasonableness of the actual dollar expenditures in those projects containing no Federal-aid in the ROW. The primary concerns with these projects are to protect the rights of property owners and displaced persons.
For the second level of projects, there is a dual concern for the rights of property owners and displaced persons and the stewardship of the federal dollars. Continuous review of the State's activities has proven to be an effective means of assuring that the rights of owners and displaced persons are protected as well as monitoring the expenditure of federal funds. This will be continued under this stewardship plan. Process reviews and program evaluations will be conducted when needs or trends are identified at either of the above project levels. The reviews will be conducted jointly with SHA personnel whenever possible.
Local Public Agencies (LPAs), i.e., cities and counties, are required to comply with the Uniform Act and its governing regulations found in 49 CFR 24 in the same manner as SHA. As stipulated in 23 CFR 710.201(b), STAs are responsible for assuring that ROW acquisitions by local public agencies are made in compliance with Federal and State laws and regulations.
Attached Right-of-Way program Summary Table 2 identifies the agencies responsible for each right-of-way program area activity, approving action, and product under this oversight agreement. If any problems are identified, a process review or CPI review may be scheduled. Periodic product evaluations will be conducted to ensure that the current process is producing a quality product in conformance with policy. Process reviews and CPI reviews will be the method for evaluating compliance and effectiveness in each of the program areas.
Certain ROW activities are not covered specifically by either 49 or 23 CFR but are a combination of sound business practice and the occasional national emphasis areas, which affect the ROW program. Joint reviews of these topics and their application will be conducted as needed.
Activity |
SHA |
Action FHWA |
Action Product |
|---|---|---|---|
ROW Authorizations and Agreements (23 CFR 635.309) |
Requests |
Electronic Signature and or Stamp– All Projects |
Authorization & Agreements |
ROW Certification (23 CFR 710.311} |
Approval Non-NHS & Exempt Projects |
Review and approve Interstate & NHS Projects within (5 days) |
Certificates |
Air Rights (23 CFR 710.405) |
Request on NHS |
Review and Approve |
Airspace Agreement |
Leases/joint use agreements (23 CFR 407) |
NHS – Request to FHWA |
Review and Approve – NHS (10 days) |
Lease/Agreements |
Disposal of Excess ROW (23 CFR 710.409) |
NHS & Less than fair market value – Request to FHWA |
Review and Approve – NHS & Less Than Fair Market Value |
Property Sale and Revenue to Transportation Fund |
Access Control – Disposal and Changes Transfer (23 CFR 710.401) Request (Interstate) |
|||
Federal Land Transfer (23 CFR 710.601) |
Prepare Request |
Review and Approve |
Transfer Deeds |
Early Acquisition, Hardship, Protective Buying (23 CFR 710.501, (23 CFR 710.503) |
Request Approval |
Review, Approve, and Authorize |
Property Ownership |
ROW Operations Manual |
Draft and Submit changes/revisions within 60 days of notification from FHWA |
Review and Approve |
Updated Manual |
ROW Operations Manual |
Notify FHWA of proposed change/revisions |
Review and Approve |
Updated Manual |
|
Prepare Manual |
Review and Approve |
Manual |
Functional Replacement |
Request Approval |
Authorization & Oversight within (10 days) |
Functional Replacement |
Objective: To deliver and steward federal-aid highway program with high performance and integrity.
Reporting: Annually by August 31 for the current FY year.
TEA-21 directed changes in the stewardship responsibilities for the Intelligent Transportation Systems (ITS) program and projects. ITS projects and programs are funded through regular Federal-aid funding and Section 5208 and 5210 of TEA-21 provided incentive funding for integrated deployment of ITS.
TEA-21 clarified the use of Federal-Aid categories for ITS. NHS and STP Funds may be spent on infrastructure-based ITS capital improvements while Congestion Mitigation Air Quality (CMAQ) Funding may be spent on programs and projects that implement ITS strategies.
The applicable legislation for ITS projects is 23 CFR 940 Intelligent Transportation System Architecture and Standards. This section of 23 CFR describes the regulations that must be followed for ITS projects and regular Federal-aid projects that contain ITS components.
Activity |
SHA Action |
FHWA Action |
Product |
|---|---|---|---|
Systems Engineering Requirements |
Full Federal Oversight: Prepare/review and Submit
|
Full Federal Oversight: Review and Approve (10 days)
|
Systems Engineering Requirements Form or work plan that describes the systems engineering process |
Update of Statewide Architecture |
Prepare and Approve |
Ready for Use Concurrence (15 days) |
Updated Statewide Architecture |
Note:
The FHWA will retain full oversight for ITS projects on the Interstate System with an estimated construction cost of greater than $1.5 million. All other ITS projects are to be state administered, where as, SHA is to act on behalf of FHWA in ensuring that all 23 U.S.C. or 23 C.F.R. requirements are met. In addition, FHWA reserves the right to conduct reviews, as identified in yearly risk assessments, to confirm that the Federal-aid program is being administered in accordance with the applicable laws and regulations and may request full oversight of any ITS project funded through Federal-aid funding. For ITS Congressional Earmarks and High Priority Projects, FHWA will monitor pre-award activities to ensure that the project being pursued meets program purposes, non-Federal match, and other requirements. Once the project is approved and a project agreement executed, Federal oversight will be conducted as identified in the above Table.
Objective 1: Mitigate congestion and improve system reliability through actions targeted at key causes of congestion in Maryland.
Indicator:
Objective 2: Mitigate the impacts of congestion by fully integrating system managements and operations into project and program delivery decisions.
Indicators:
Reporting: Annually by August 31 for the previous FY year.
The Division Office's Quality Assurance (QA) monitoring program is structured around 23 CFR 637. The overall purpose of the QA monitoring program is to assure the quality of materials and construction in all Federal aid highway projects on the National Highway System.
For Federal-aid projects on the NHS, the primary objectives of our QA monitoring program are:
Section 106 of Transportation Equity Act for the 21st Century further enhances flexibility on Project Approval and Oversight from that provided under ISTEA of 91. FHWA will monitor SHA's Quality Assurance Program for materials used in Construction on non-exempt Federal-aid projects. Details of oversight provided for monitoring SHA's Materials QA Program for Construction are included in Construction Monitoring Program. For exempt NHS projects, SHA will monitor QA Program for Construction as if FHWA were fully involved except SHA does not need to send materials certification to FHWA.
The Division Office will review and approve SHA's Materials Quality Assurance Program on an on-going basis. The Materials Quality Assurance Program includes Acceptance Program, Independent Assurance Program, Materials Certification of non-exempt projects, AASHTO Accreditation Inspection Reports, Qualified Laboratory Program and Qualified Sampling & Testing Personnel Program. Additionally, by being a member of the individual tasks forces/teams/committees, FHWA will have an ongoing involvement in the development and implementation of the Materials Quality Assurance Program.
In general, the Division Office will monitor the implementation and effectiveness of the Quality Assurance Program through process reviews. Individual process reviews will be identified in Division's annual Strategic Plan. Additionally, Division Office Pavement & Materials Engineer will accompany area engineers for project inspections of non-exempt projects.
| NHS Full oversight & NHS Exempt |
Non-NHS |
|||
|---|---|---|---|---|
Activity |
SHA Action |
FHWA Action |
SHA Action |
FHWA Action |
Quality Assurance Program (Materials test methods and updates, Materials quality assurance manual, Sampling and testing frequency guide) |
Prepare (on going) and submit to FHWA |
Approve within 14 working days |
SHA prepares and approves. |
Accepted based on approval for full oversight projects |
Qualified Technician Program |
Develop/ implement and submit to FHWA |
Approve within 14 working days |
Required by SHA |
Accepted based on approval for full oversight projects |
Qualified Laboratory Program |
Develop/ implement and submit to FHWA |
Approve within 14 working days |
Required by SHA |
Accepted based on approval for full oversight projects |
AASHTO accreditation inspection reports, use of outside testing facility |
maintain accreditation, submit inspection report, approve outside testing facility and submit to FHWA |
Review, make recommendations for consideration (as necessary) with 14 working days |
Required by SHA |
Accepted based on approval for full oversight projects |
Independent Assurance Program (system-based approach) |
Prepare annual report and submit to FHWA |
Review, Comment, recommendations for consideration (annual) within 14 working days |
SHA prepares and approves |
Accepted based on approval for full oversight projects |
|
Prepare and submit to FHWA |
Approve within 14 working days |
Prepare and submit |
Approve in 14 working days |
|
Prepare (on-going) and submit to FHWA |
Review and make recommendations within 14 working days |
Prepare and approve |
Review and make recommendations within 14 working days |
Note: FHWA will approve Materials Certification for NHS full oversight projects. Materials certification for NHS exempt projects will be prepared and approved by SHA. |
||||
Objective 1: Provide longer lasting highway infrastructure through quality of construction system preservation and size and weight enforcement.
Indicators:
Reporting: Annually by August 31 for the current FY year.
Pavement Management: Title 23 U.S.C. 303(a) directs the Secretary of Transportation to issue regulations for State development, establishment and implementation of system for managing highway pavements (PMS), bridges on and off federal-aid highways (BMS), highway safety (SMS), traffic congestion (CMS), public transportation facilities and systems (IMS) and traffic monitoring system for highways and public transportation facilities and equipment (TMS.) If a State elects to implement one or more of the systems, the State shall cooperate with metropolitan planning organizations (MPO) for urbanized areas of the State in implementing and developing a management system.
The SHA has implemented and has an operational PMS. This system is operated by the Pavement & Geotechnical Division of Office of Materials and Technology.
Pavement Design: 23 U.S.C. 109 requires that pavement shall be designed in accordance with current and predicted traffic needs in a safe, durable and cost effective manner. The regulations do not specify the procedures to be followed to meet this requirement. Rather each State Highway Agency is expected to use a design procedure, which is appropriate for their conditions. The SHA may use the design procedure that is outlined in the AASHTO Guide for Design of Pavement Structures or they may use other pavement design procedures that, based on past performance or research, are expected to produce satisfactory pavement design. SHA has its own pavement design guide, which is followed for all design projects.
Representatives of Maryland Division Office are members of PMS Steering Committee, Asset Management Team and other task forces and provides ongoing support in development and implementation of the PMS. The division office through participation in various task forces, meetings will ensure that pavement-related activities, including new and rehabilitated pavement design and construction, pavement management, research, technology transfer, HPMS, vehicle weight enforcement program, etc., are well coordinated among functional/administrative areas of the division office.
The Division Office will review and approve SHA's pavement design/rehabilitation procedures, policy and guidelines on an ongoing basis. Additionally, by being a member of the individual task forces, teams, and committees, FHWA will have an ongoing involvement in the development, update and implementation of pavement design procedures.
In general, the Division Office will monitor the implementation, operation and effectiveness of the PMS and SHA's pavement design process through reviews. The Division Pavement & Materials Engineer will conduct oversight of the Pavement Management System.
Activity |
SHA Action |
FHWA Action |
Product |
|---|---|---|---|
Pavement Management System (PMS) |
Develop and submit plan to FHWA |
Review, Comment, Make Recommendations for Consideration (on going basis) |
PMS |
Develop Budget Allocation Plan for System Preservation |
Develop and submit plan to FHWA |
Review & Comment, Make Recommendations for Consideration (annual) within 14 working days |
Rehabilitation plan |
Project Selection for Annual System Preservation Program |
Select projects and submit to FHWA |
Participate, Make Recommendations for Consideration (annual) within 14 working days |
List of Projects |
Selection of Preferred Rehabilitation Alternatives |
Prepare alternatives and submit to FHWA |
Review, Assist, Make Recommendations for Consideration (on going) within 14 working days |
Report |
Annual Audits of District Paving Projects, conduct joint review of design and recommendations |
Prepare report and submit to FHWA |
Review, Comment, Make Recommendations for Consideration (annual) Process reviews |
Report |
|
Develop and submit to FHWA |
Review and make recommendations within 14 days working days |
Report/Manual |
Pavement Management System (PMS) |
Develop and submit plan to FHWA |
Review, Comment, Make Recommendations for Consideration (on going basis) |
PMS |
Pavement design guide, policy and procedures |
Develop and submit to FHWA |
Review, Comment, Make Recommendations for Consideration (on going basis) Approve originals and updates within 14 working days |
Pavement Manual |
Objective: Effectively use the Pavement Management Program to manage and allocate resources to improve performance of SHA's infrastructure
Indicators:
Reporting: Annually by August 31 for the current FY year.
Section 116 of 23 U.S.C. requires States to maintain, or cause to be maintained any project constructed as part of a Federal-aid system (Interstate system & NHS). FHWA is responsible for maintenance of all Federal-aid projects.
FHWA staff will observe Maryland's highway conditions during their routine travel activities. Also, the staff may perform in-depth maintenance reviews when appropriate. All significant maintenance deficiencies observed during official travel will be called to the attention of the appropriate MDSHA personnel. Follow-up actions, if necessary, will be taken by Division staff to ensure maintenance issues are properly addressed. The oversight activities of MDSHA's routine maintenance program will apply to NHS and non-NHS routes.
A Preventive Maintenance (PM) activity shall be eligible for Federal assistance if the State demonstrates to FHWA that the activity is a cost-effective means of extending the useful life of a Federal-aid highway. FHWA staff will assist MDSHA in developing PM programs, identify and approve eligible activities, and provide information on best practices & technologies. The preventive maintenance (PM) will include all eligible maintenance activities within Federal-aid ROW. The MDSHA should develop statewide PM programs for eligible activities and submit to FHWA for approval, if Federal funds are to be used for statewide maintenance activities. In the absence of a statewide program, MDSHA will seek FHWA's approval on case by case or by activity basis. The Division would review the activities and provide its determination on effectiveness.
The oversight activities of the State's preventive maintenance program will apply equally to NHS and non-NHS routes. The Division will review and monitor MDSHA's program and projects for preventive maintenance and Federal-eligibility.
FHWA Preventive Maintenance monitoring activities will be a continuous process and will be done mostly on programmatic basis. Annual process reviews may be developed and conducted. The items for process reviews will be influenced by either Division or MDSHA's observations of perceived strengths and/or weaknesses in the State's preventive maintenance program or activities. Deficiencies observed will be reported to the appropriate MDSHA personnel. Follow-up activities, if necessary, will be performed by Division.
Activity |
SHA Action |
FHWA Action* |
Product |
|---|---|---|---|
Routine Maintenance of Federal-aid highways |
Adequately maintain highways |
Conduct windshield & in-depth inspections, report findings to SHA personnel |
Deficiencies reported and addressed |
Preventive Maintenance (individual activities) |
Identify individual PM activities in various areas |
Review & approve within 10 days |
Approved activities |
Preventive Maintenance (program) |
Develop annual PM program |
Review & approve within 15 days Assist SHA in developing and implementing PM |
Approved annual program |
Monitor Federally funded PM & rehabilitation accomplishments |
Prepare annual accomplishment report |
Review & recommend changes to plan, information |
Annual report & improved program |
PM Technology Transfer |
Identify and propose Technology Transfer activities |
Assist SHA with identification, marketing, and implementation |
Improved PM program |
* Working days |
|||
Objective: Provide longer lasting highway infrastructure through systematic preservation program that is based on the sound management practices (e.g. asset management)
Indicators:
Reporting: Annually by August 31 for the current FY year.
The purpose of the program is to implement the provisions of 23 U.S.C. Chapter 5 for research, development, and technology transfer programs, and studies undertaken with FHWA planning and research funds. The primary requirements of the program as provided in section 420 of 23 CFR include development & maintenance of an FHWA approved program manual, development of annual work program, oversight of program activities, submission of performance and expenditures reports, conducting peer reviews, and maintenance of program certification.
The FHWA DelMar Division currently has full oversight responsibility of the RD & T program. This oversight is both administrative and technical. Such oversight responsibility requirements are typically fulfilled by Division staff by proactively participating in the development of the annual program, thoroughly reviewing the annual program prior to its approval, thoroughly reviewing individual proposals prior to approval, and thoroughly reviewing the annual report. Division diligently participates in ongoing program activities such as SHA Research Advisory Board meetings, LTAP Advisory Board meetings, routine technical and policy meetings, peer review meetings, and technology transfer events, etc. The SHA fully exercises its flexibility in the use of funds and determination of eligible activities that meet the requirements of Section 420 of the CFR.
Activity |
SHA Action |
FHWA Action |
Product |
Annual Work program |
Prepare & Submit by 9/1 |
Review and approve within 20 days |
Annual research work program |
Amendments to work program |
Submit to FHWA as needed |
Review and approve within 10 days |
Modified Work program |
LTAP |
Review, approve, and submit to FHWA for approval by 1/5 |
Review and approve within 10 days |
Annual LTAP work program |
Pooled Fund Studies |
Select and request authorization of funds in FMIS |
Authorize funds within 5 days |
Partnership established |
NCHRP |
Request authorization of funds in FMIS |
Authorize funds within 5 days |
NCHRP sponsored |
TRB |
Request Authorization of funds |
Authorize funds in 5 days |
TRB sponsored |
UTC Annual Work program |
Submit for comments |
Provide comments in 14 days |
UTC Annual Work program |
Peer Exchange |
Sponsor/host |
Participate/support |
Report submitted for information |
Annual Performance & Expenditures report |
Prepare and submit within 90 days after the end of reporting period |
Review |
Annual Report |
Certification of Research Management Process |
Prepare and submit with annual work program |
Review and approve with annual work program within 20 days |
Certified compliance with 23 CFR |
New Products/Experimental Features |
Evaluate/recommend |
Approve/provide technical assistance |
Reports due within 90 days of completion |
SHA Research Manual |
Prepare in coordination with FHWA as noted in 23 CFR 320.209 |
Review/approve |
Research Manual |
Objective: To adopt innovations and new technologies meeting SHA's strategic goals and objectives and/or supporting FHWA's strategic goals and objectives.
Indicators:
Reporting: Annually by December 31for previous FY year.
This section summarizes miscellaneous programs and activities that may not be covered under other sections.
Activity |
SHA Action |
FHWA Action |
Outcome |
Process for development of contract time |
Prepare |
Review and Approve (20 days) |
Written procedures for the determination of contract time |
Process for development of engineer's estimate |
Prepare |
Review |
Written procedures for the developing an engineer's estimate |
Emergency Relief (ER) Program |
Conduct site review and prepare application for ER funds. |
Conduct site review |
Site approval and ER fund allocation |
Buy America waiver(Applicable to both exempt and non-exempt projects) |
Prepare |
Approve |
Waiver |
Requests under SEP-14 and SEP-15 Program(Still experimental) |
Prepare request |
Review/forward request with recommendation to HQ |
Request Approved/disapproved |
|
Prepare request on case by case or program basis |
Review and approve specifications |
warranty specifications |
New/revised standard drawings |
prepare (approve for exempt projects) |
approve (for non-exempt projects) |
new/revised drawings |
|
prepare |
approve |
new/revised specifications |
Emergency Preparedness |
Prepare program/plans |
review/concur |
EP program/plan |
Not Applicable
