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U.S. Department of Transportation
Federal Highway Administration
Federal-Aid Policy Guide

FEDERAL-AID POLICY GUIDE - CHANGE

October 20, 1992
Transmittal 7

  1. PURPOSE. To transmit new and revised pages to the Federal-Aid Policy Guide (FAPG).

  2. BACKGROUND. This is the fourth and final transmittal incorporating into the FAPG Federal-aid policies and procedures issued in non-directive format prior to enactment of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). In addition, this change includes three memorandums issued after the ISTEA.

  3. COMMENTS

    1. Current non-regulatory guidance material, which was previously issued in non-directive format, is being incorporated into the FAPG as follows:

        (1) NS 23 CFR 140B is established to incorporate relevant provisions of the following memorandum: Construction Engineering (CE) Limitation dated August 17, 1992, signed by the Chief, Construction and Maintenance Division, Office of Engineering.

        (2) NS 23 CFR 625 is revised to incorporate relevant provisions of the following memorandums:

          (a) Epoxy Coated Reinforcing Steel for Bridge Decks dated July 30, 1992, signed by the Director, Office of Engineering;

          (b) Construction and Contract Management of Major and Unusual Structures dated July 26, 1988, signed by the Chief, Bridge Division;

          (c) Tied Arch Bridges dated August 6, 1982, signed by the Chief, Bridge Division;

          (d) Maryland Route 198 Bridge Falsework FailureBoard of Review - Final Report dated January 5, 1990, signed by the Director, Office of Engineering; and

          (e) Metal Stay-in-Place (SIP) Bridge Deck Forms dated December 7, 1988, signed by the Chief,Bridge Division.

        (3) NS 23 CFR 630A is revised to incorporate relevant provisions of the following memorandums:

          (a) Availability of Lapsed Appropriations dated April 21, 1989, signed by the Director, Office of Fiscal Services; and

          (b) Changes in Expired Appropriations dated March 7, 1991, signed by the Director, Office of Fiscal Services.

        (4) NS 23 CFR 630G is established to incorporate relevant provisions of the following memorandums:

          (a) Georgia - Bond Funded ACI Projects Eligible Interest Costs dated September 29, 1980, signed by the Director, Office of Fiscal Services;

          (b) Georgia - Bond Funded AIC Projects Eligible Interest Costs dated December 18, 1979, signed by the Director, Office of Fiscal Services; and

          (c) Participation in Bond Interest Expense dated January 26, 1979, signed by the Chief Counsel.

        (5) NS 23 CFR 710B is established to incorporate relevant provisions of the following memorandum: Turnkey Right-of-Way Services--Contracting Guidelines dated August 31, 1992, signed by the Chief, Operations Division.

        (6) NS 23 CFR 710C is established to incorporate relevant provisions of the following memorandums:

          (a) Establishment of Just Compensation by the Acquiring Agency dated February 3, 1982, signed by the Chief, Real Property Acquisition Division;

          (b) Establishment of Just Compensation by the Acquiring Agency dated December 10, 1981, signed by the Assistant Chief Counsel for Right-of-Way and Environmental Law;

          (c) Minnesota - I-94-3(304), Parcel 67, Ray's Truck Stop Request for Federal Participation dated August 23, 1988, signed by the Chief Counsel;

          (d) Maryland - Rental Property Receipts from Federal-Aid Highway Property dated September 21, 1983, signed by the Chief, Real Estate Division;

          (e) Participation of Federal Funds in Interest Payments on Property Acquisitions; Time Limitations dated January 2, 1980, signed by the Chief, Real Property Acquisition Division;

          (f) Appraisal and Acquisition of VA Foreclosed Property dated March 20, 1986, signed by the Director, Office of Planning and Program Development, Region 7.

        (7) NS 23 CFR 712D is established to incorporate relevant provisions of the following memorandums:

          (a) Appeal by the State of Texas with Respect to FHWA Decision to Deny Federal Participation in Uncollectible Refunds on Excess Court Awards dated February 10, 1978, signed by the Associate Administrator for Right-of-Way and Environment; and

          (b) Appeal by the State of Texas with Respect to FHWA Decision to Deny Federal Participation in Uncollectible Refunds on Excess Court Awards dated February 2, 1978, signed by the Assistant Chief Counsel for Right-of-Way and Environmental Law.

        (8) NS 23 CFR 712F is established to incorporate relevant provisions of the following memorandums:

          (a) Functional Replacement - U.S. Supreme Court Decision dated December 28, 1984, signed by the Chief, Real Estate Division;

          (b) Internal Control Review - Functional Replacement (23 CFR 712.601 - Subpart F) dated November 18, 1983, signed by the Chief, Real Estate Division;

          (c) Functional Replacement of Volunteer Fire Departments dated October 6, 1975, signed by the Associate Administrator for Right-of-Way and Environment;

          (d) Functional Replacements dated June 6, 1978, signed by the Chief, Real Property Acquisition Division; and

          (e) Participation in Legal Costs of Omaha Housing Authority, North Freeway Project -Omaha, Nebraska dated July 28, 1981, signed by the Chief, Real Property Acquisition Division.

        (9) NS 23 CFR 712G is established to incorporate relevant provisions of the following memorandums:

          (a) Wisconsin - Right-of-Way Revolving Funds Disposition of Property Management Income dated June 10, 1982, signed by the Chief, Real Estate Division; and

          (b) Colorado Right-of-Way Revolving Funds dated July 22, 1981, signed by the Chief, Real Property Acquisition Division.

        (10) NS 23 CFR 713A is established to incorporate relevant provisions of the following memorandum: Property Management - Control and Accounting of Receipts from Properties Acquired for Highway Purposes dated June 16, 1982, signed by the Chief, Real Estate Division.

        (11) NS 23 CFR 713B is established to incorporate relevant provisions of the following memorandum: Airspace Leases - 23 U.S.C. 156, Additional Guidance dated May 10, 1989, signed by the Associate Administrator for Right-of-Way and Environment.

        (12) NS 23 CFR 713C is established to incorporate relevant provisions of the following memorandums:

          (a) Excess Land - Disposal Process dated November 10, 1989, signed by the Chief, Program Requirements Division;

          (b) Scenic Enhancement Initiatives dated May 18, 1990, signed by the Associate Administrator for Engineering and Program Development;

          (c) Property Management Valuation Cutoff dated April 1, 1985, signed by the Chief, Real Estate Division; and

          (d) Clarification of Policy - 23 CFR Part 713, Subpart C - Disposal of Rights-of-Way (Credits Derived from Disposal of Control of Access for Other Than Highway Purposes) dated March 4, 1982, signed by the Chief, Real Property Acquisition Division and the Chief, Federal-Aid Division.

        (13) NS 23 CFR 750D is established to incorporate relevant provisions of the following memorandums:

          (a) Outdoor Advertising Sign and Site Acquisitions dated April 30, 1984, signed by the Chief, Real Estate Division; and

          (b) Documentation Requirements - Outdoor Advertising Sign Acquisition dated January 16, 1981, signed by the Chief, Real Property Acquisition Division.

        (14) NS 23 CFR 750G is established to incorporate relevant provisions of the following memorandums:

          (a) Outdoor Advertising Control on Indian Lands - North Carolina dated June 2, 1989, signed by the Chief, Program Requirements Division;

          (b) Tennessee - Status of Landmark Signs dated February 3, 1981, signed by the Chief, Real Property Acquisition Division;

          (c) Mineral Extraction - Outdoor Advertising Control - Wyoming dated January 29, 1985, signed by the Chief, Real Estate Division; and

          (d) Outdoor Advertising Control Bonus Payments -4R Projects dated July 9, 1982, signed by the Associate Administrator for Right-of-Way and Environment.

        (15) NS 23 CFR 751 is established to incorporate relevant provisions of the following memorandum: Junkyard Screening Policy Clarification dated January 6, 1984, signed by the Director, Office of Right-of-Way.

        (16) NS 49 CFR 24A is established to incorporate relevant provisions of the following memorandums:

          (a) Local Project Financing Through Means of Assessment dated October 28, 1988, signed by the Director, Office of Right-of-Way;

          (b) Relocation Assistance Policy Regarding Food Stamps as Income dated December 7, 1989, signed by the Director, Office of Right-of-Way;

          (c) California - Deductions for Delinquent Rent dated October 3, 1985, signed by the Chief, Relocation Division;

          (d) Uniform Act Policies dated October 7, 1985, signed by the Chief, Real Estate Division;

          (e) Texas - Application of Overpayment in Condemnation Cases to Relocation Assistance Payments dated May 18, 1990, signed by the Director, Office of Right-of-Way; and

          (f) Statistical Report Form dated March 28, 1989, signed by the Director, Office of Right-of-Way.

        (17) NS 49 CFR 24B is established to incorporate relevant provisions of the following memorandums:

          (a) Administrative Settlements on Parcels Valued at Less Than $2,500 dated August 8, 1989, signed by the Director, Office of Right-of-Way;

          (b) Ohio - Special Benefits dated February 3, 1975, signed by the Associate Administrator for Right-of-Way and Environment;

          (c) Uniform Act Policies dated October 7, 1985, signed by the Chief, Real Estate Division;

          (d) Accelerated Right-of-Way Negotiations, FHPM 7-2-3, Personal Contact with State Resident Owners - Cost Avoidance dated October 22, 1981, signed by the Chief, Real Property Acquisition Division;

          (e) Increased Use of Administrative Settlements in Right-of-Way Acquisition - Cost Savings dated November 6, 1981, signed by the Chief, Real Property Acquisition Division;

          (f) Oklahoma Project F-199(51) Payne County -Inclusion of Relocation Payments in Administrative Settlements dated October 8, 1985, signed by the Chief, Relocation Division;

          (g) Appraisal and Acquisition of Hazardous Waste Contaminated Real Property dated August 13, 1985, signed by the Regional Administrator, Region 9;

          (h) Wisconsin DOT Right-of-Way Manual Appraisal Procedures dated December 24, 1985, signed by the Chief, Real Estate Division;

          (i) Methods to Determine Public ImprovementIncrease or Decrease in Value dated December 12, 1986, signed by the Chief, Real Estate Division;

          (j) Conflict of Interest - Single Appraiser/Negotiator 49 CFR 25.103(f) dated August 5, 1985, signed by the Chief, Real Estate Division;

          (k) Appraisal Review dated May 26, 1981, signed by the Chief, Real Property Acquisition Division;

          (l) Railroad Abandonment, Chinden - Broadway Connector M-2020(001), I-184-1(7)4 and 01-184-1(1)4 dated February 5, 1985, signed by the Chief, Real Estate Division; and

          (m) Appraisals of Properties to be Donated and Claimed as an IRS Charitable Deduction dated June 28, 1985, signed by the Chief, Real Estate Division.

        (18) NS 49 CFR 24D is established to incorporate relevant provisions of the following memorandums:

          (a) Residential Moves: Rescission of Use of Moving Expense Findings dated May 11, 1989, signed by the Director, Office of Right-of-Way;

          (b) Florida - Impact Fees Ineligible Other Than as Reestablishment Expense dated May 14, 1990, signed by the Director, Office of Right-of-Way; and

          (c) 49 CFR, Part 25.304(e) Average Annual Net Earnings dated January 9, 1989, signed by the Director, Office of Right-of-Way.

        (19) NS 49 CFR 24E is established to incorporate relevant provisions of the following memorandums:

          (a) Relocation: Replacement Housing Payments Uneconomic Remnants vs. Buildable Lots dated July 20, 1989, signed by the Director, Office of Right-of-Way;

          (b) Relocation Assistance -- Incidental Expenses dated July 9, 1986, signed by the Chief, Relocation Division; and

          (c) Oklahoma - Relocation Assistance and Payments "Sweat Equity" in New Constructiondated November 5, 1984, signed by the Chief, Relocation Division.

    2. The issuances listed in paragraph 3a and all other Federal-aid policies and procedures issued in non-directive format prior to enactment of the ISTEA are canceled. Additional Federal-aid polices and procedures issued in non-directive format after the ISTEA will be incorporated into the FAPG in the near future.

  4. REGULATORY MATERIAL. The pages transmitted by this change contain no regulatory material.

  5. ACTION. Each recipient office is responsible for filing the attached FAPG pages into the binders provided.

Orginial /s/ by

T. D. Larson

Federal Highway Administrator

FILING INSTRUCTIONS

Page Changes

]
Remove   Insert
 
    4 of NS 23 CFR 140B
 
8 and 9 of NS 23 CFR 625  8 thru 14 of NS 23 CFR 625
dated 9/30/92
 
8 of NS 23 CFR 630A   8 and 9 of NS 23 CFR 630A
dated 12/9/91
 
    4 and 5 of NS 23 CFR 630G
 
    4 of NS 23 CFR 710B
 
    13 and 14 of NS 23 CFR 710C
 
    4 of NS 23 CFR 712D
 
    5 thru 7 of NS 23 CFR 712F
 
    3 of NS 23 CFR 712G
 
    4 of NS 23 CFR 713A
 
    9 of NS 23 CFR 713B
 
    6 and 7 of NS 23 CFR 713C
 
    10 of NS 23 CFR 750D
 
    12 and 13 of NS 23 CFR 750G
 
    5 of NS 23 CFR 751
 
    16 and 17 of NS 49 CFR 24A
 
    10 thru 16 of NS 49 CFR 24B
 
    12 of NS 49 CFR 24D
 
    12 and 13 of NS 49 CFR
    24E


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