Memorandum: Updated Process for Amending the FSAs under the OAC Program
|U.S. Department of Transportation
Federal Highway Administration
INFORMATION: Updated Process for Amending the Federal/State Agreements under the Outdoor Advertising Control Program
|May 13, 2014
||(Original signed by)
Virgil R. Pridemore, Director
Office of Real Estate Services HEPR
|HEPR - 1
requires FHWA and the States to execute Federal/State Agreements (FSAs) covering
certain outdoor advertising control requirements (23 U.S.C. 131(d)). State
and Federal officials signed most FSAs during the late 1960s and early
1970s. On January 2, 2014, FHWA published the attached Federal Register
notice encouraging, but not requiring, each State to consider amending its
FSA to ensure consistency with current outdoor advertising objectives and to
address the evolving technology being used or that could be used by the
outdoor advertising industry.
anticipation of these efforts, we are updating the 1980 guidance on the FSA
amendment process. This revised procedure does not change any substantive
points of the 1980 guidance and is meant to clarify the process. Important
objectives of the revised procedures are to increase opportunities for public
outreach and to enhance the transparency of the FSA decision making process. Effective public outreach can help the State and FHWA determine the nature,
scope, and impact of FSA amendment proposals, and should contribute to the
State’s development of its draft proposal and documentation.
Division Office will ensure the process outlined below is followed if its
State proposes to amend an FSA. We may approve a State-proposed alternative
process that achieves the goals of providing opportunities for public
outreach and involvement in developing a proposed FSA amendment. The Office
of Real Estate Services will be available to assist the Division Offices throughout
The FHWA and
States will use the following FSA amendment procedures:
- Draft mProposal Development and Submission. If a State decides to proceed with
an FSA amendment after reviewing its FSA, it should submit the draft amended
FSA and the following documentation to the Division Office for review:
- A written discussion of each proposed change, the reasons for it, and the
effects it will have on control of outdoor advertising; and
- A State public involvement plan which includes a description of how the State
will make the proposed amendment available for public review and comment,
including statewide dissemination of the proposal in accordance with
administrative procedures for public notice and comment under State law. The
State public involvement plan also should provide an opportunity for a public
hearing if requested.
Review of Draft. The
Division Office will review and provide feedback to the State on the FSA
amendment proposal including any elements of the proposed amendments that may
be inconsistent with Federal requirements.
- Federal and State Public Notice and Comment. After the State has provided the
Division Office with an amendment proposal that is consistent with Federal
requirements, the State and FHWA will concurrently initiate their respective
public notice and comment processes. The Division Office will publish a
notice of the State’s proposal in the Federal Register and request
comments on it. The FHWA will provide no less than 30 days for public
of Amended FSA.
The State and FHWA will consider all comments and work together to prepare
responses. If the State wishes to revise its proposal in response to the
comments, it should submit the revised provisions to the Division Office with
the reasons for the changes, a description of their effect, and a summary of
the comments received and the State’s responses to those comments, as well as
records of any public hearings.
Approval. The Division Office and the State will be responsible for
developing a final amended FSA. The Division Office will send the final
amended FSA to the Office of Real Estate Services who will coordinate the
Office of Real Estate Services and Chief Counsel review, comment and
concurrence (this process is similar to the NHS designation process).
of Amended FSA. After FHWA has approved the amended FSA, a duly authorized official of the
State should execute the amended FSA. The State should submit the executed
FSA amendment to the Division office for FHWA’s execution. The Division
Office will forward the State executed amended FSA to the Federal Highway Administrator
who will execute the FSA for FHWA.
of Availability. The FHWA Division Office will publish a notice of availability of the
executed FSA amendment in the Federal Register. The notice will use
the same docket number as the first notice and request for comments. The
FHWA will place a copy of the executed amended FSA in the docket, together
with the public comments received through the State and Federal proceedings,
the State’s responses, and any FHWA supplemental responses to the public
The FHWA will post this updated guidance on the FSA amendment process on its website at http://www.fhwa.dot.gov/real_estate/practitioners/oac/policy_and_guidance/.
If you have any
questions about these revised guidelines, please contact Ms. Dawn Horan at
202-366-4842 (Dawn.Horan@dot.gov) or
Mr. Cliff Pearson at 202-366-9488 (Clifford.Pearson@dot.gov).
Directors of Field Services
Federal Lands Highway Division Engineers