PARTICIPATION IN STATE REQUIRED RELOCATION PAYMENTS

RESPONSE TO FHWA VIRGINIA DIVISION

U.S. Department
of Transportation
Federal Highway

Administration

Subject: INFORMATION: Request for Participation in State Required Relocation Payments

Date: November 22, 2000

From: Susan B. Lauffer, Director Office of Real Estate Services

Reply to
Attn of: HEPR

To: Mr. Roberto Fonseca, Division Administrator

A copy of a request dated September 27, 2000, from Stuart Waymack, Virginia Department of Transportation, for a waiver of the requirements of 49 CFR pertaining to certain relocation payments is enclosed. We have advised Mr. Waymack that the Division will be responding to his request. Our guidance for a response to Mr. Waymack's request is as follows:

There is no need for a waiver:

The provisions in 23 CFR 710.203 (b) allow for participation in costs for acquisition activities, including relocation, incurred under the laws of a State. Mr. Waymack enclosed a copy of the revised Code of the Commonwealth of Virginia that provides for increases in the caps on reestablishment and the fixed (in lieu) payment for businesses. Payments made in accordance with Virginia's Code are eligible for Federal-aid participation for highway projects. Clarification of the intent of the regulations will be published in the near future. We would appreciate a copy of your response to Mr. Waymack.

If there are questions about this guidance, call Barbara Satorius of this office at 303-969-5772, ext. 333 or Reid Alsop of the Chief Counsel's Office at 202-366-1371.