This right-of-way project and program oversight agreement is in accordance
with Section 106 of Title 23 United States Code (USC), project approval and
oversight. The Illinois Department of Transportation (IDOT) would like to continue
to take advantage of the opportunities afforded state highway agencies under
Section 106. These opportunities are in regards to the Federal Highway Administration's
(FHWA) approval and oversight on and off the National Highway System (NHS).
IDOT will take advantage of these opportunities by utilizing the oversight management
options described as follows and as shown in the attached table.
- OVERSIGHT:
Interstate System: The following approval actions or authorization actions
will be required by the FHWA Illinois Division Office:
- All disposals of excess right-of-way including disposals of access control
- All airspace/rental space agreements
- Prior to advertising for construction, the right-of-way statement and certification
when the project right-of-way has not been secured and/or vacated.
Refer to attached "IDOT's Right-of-Way Conditions for Advertising for Construction
Bids".
- Requests for authorization of federal funds in right-of-way acquisition
including requests for advance acquisitions for hardship and protective buying
and including requests for functional replacement of public owned facilities
- Requests for credits toward the non-federal share of the project construction
costs for early acquisitions, donations, or other contributions applied to
the project
- Requests for federal land transfers under 23 CFR 710.601
- Requests for direct federal acquisitions (applicable for Interstate and
defense access roads only) under 23 CFR 710.603
National Highway System (excluding the Interstate): The following approval
actions or authorization actions will be required by the FHWA Division Office:
- All airspace/rental agreements (IDOT's option)
- Requests for authorization of federal funds in right-of-way acquisition
including requests for advance acquisitions for hardship and protective buying
and including requests for functional replacement of public owned facilities
- Requests for credits toward the non federal share of the projects construction
costs for early acquisitions, donations, and other contributions to the project
- Any disposal of excess right-of-way at less than fair market value where
the original right-of-way was acquired with federal funds
- Prior to advertising for construction, the right-of-way statement and certification
when the project right-of-way has not been secured and/or vacated.
Refer to attached IDOT's Right-of-Way Conditions for Advertising for Construction
Bids. (IDOT's option)
- Requests for federal land transfers under 23 CFR 710.601
Non NHS Projects: The following approval actions or authorization actions
will be required by the FHWA Illinois Division Office:
- Requests for authorization of federal funds in right-of-way acquisition
including requests for advance acquisitions for hardship and protective buying
and including the functional replacement of public owned facilities
- Requests for credits toward the non federal share of the projects construction
costs for the early acquisitions, donations, and other contributions to the
project
- Any disposal of excess right-of-way at less than fair market value where
the original right-of-way was acquired with federal funds
- Requests for federal land transfers under 23 CFR 710.601
- RIGHT-OF-WAY MANUALS AND OTHER CONTROL DOCUMENTS: The requirements
to develop and maintain a Right-of-Way Manual is contained in 23 CFR 710.201(c).
The Manual sets out IDOT's basic operating policy statements, and it specifies
the manner in which the State will apply the right-of-way requirements of Title
23 and 49 CFR Part 24 in accordance with specific State law. The Manual must
address both NHS and non-NHS projects and will continue to be approved by the
FHWA. Specifically, the following approval actions will be required by the FHWA
Illinois Division:
- IDOT will prepare and make available to FHWA an up-to-date Right-of-Way
Operations Manual for review and approval no later than January 1, 2001.
- And every five(5) years thereafter, the Director of Highways shall certify
to the FHWA that the current ROW operations manual conforms to existing practices
and contains necessary procedures to ensure compliance with Federal and State
real estate law and regulations.
- IDOT shall update the Manual periodically to reflect changes in operations
and make the updated changes available to FHWA for review and comment and/or
approval as appropriate.
- OTHER CONTROL DOCUMENTS: The IDOT control documents, in addition to the
Right-of-Way Manual, that are considered to be key documents that establish project
development or project implementation procedures are listed below. These documents
in addition to the Right-of-Way Manual will be adhered to in the development and
administration of federal-aid projects:
- IDOT Bureau of Design and Environment Manual
- IDOT Bureau of Operations Traffic Policies and Procedures Manual
- Federal-Aid Procedures for Local Highway Improvements-IDOT
- METHODOLOGY OF OVERSIGHT AND STEWARDSHIP OF PROGRAM
The FHWA Illinois Division Office will monitor the right-of-way program in
cooperation and coordination with the Central Bureau of Land Acquisition. Monitoring
will be primarily through the use of joint State/FHWA process and Quality Assurance
Reviews (QAR) reviews that will be scheduled on a year-to-year basis. Selection
of joint reviews will be a coordinated effort with both offices emphasizing
the use of risk assessment methods. These reviews will address 49 CFR 24 requirements
including exempt and non-exempt NHS and non-NHS projects.
The FHWA Illinois Division Office and the Central Bureau of Land Acquisition
will maintain close communications to ensure timely technology transfer, discussions
of new and evolving policies and good business practices, and maintain involvement
in early project activities. The FHWA Illinois Division will be available for
technical assistance and to participate in training activities.
- FEDERAL LAWS AND REGULATIONS
IDOT will follow all applicable federal-aid laws and regulations including:
- The 1970 Uniform Relocation and Real Property Policies Act as amended
- The 1964 Civil Rights Act
- Title 23 U.S.C. Highways
- 49 CFR, Part 24 (Government-wide Uniform Act Regulations)
- 23 CFR, Part 710 (Right-of-Way Administration Regulations)
- CERTIFICATION:
It is hereby certified that IDOT will follow all control documents, federal
and state laws, regulations, and directives for the acquisition of right-of-way
and any resultant relocation assistance and payments to displaced families and
businesses on all federal-aid projects.
- EFFECTIVE DATE:
This agreement affirms that IDOT and the Illinois Division of FHWA will operate
in the aforementioned manner beginning on January 1, 2001.
Approved: Approved:
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James C. Slifer Ronald C. Marshall
Director of Highways Division Administrator
Illinois Department of Transportation Illinois Division, FHWA
Date___________________ Date__________________
