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Notices and Offers by Electronic Methods: Process Streamlining

Recommendations

1. Update the URA regulations to permit agencies the flexibility to implement electronic delivery/signature verification systems for notices and offers.

   Electronic communications can be designed to be secure, and have become recognized in many instances as a far more efficient information delivery system than the postal service, or other mail delivery services. Providing agencies with the ability to use this alternative method will add value and efficiency to the ROW acquisition process.

   Minimum safeguards that should be in place for use of electronic delivery of notices and offers must include:

   • A process that informs owners and displaced persons of their rights to choose not to receive electronic notices and offers.
   • A process that documents information delivered in a legal digital format, including a date and time stamp of delivery and receipt with an electronic record capable of retention.
   • A method to verify and link the electronic document and signature in a way that can determine whether the document was changed after the electronic signature was applied.
   • A certification process that the use of electronic notices or signatures is consistent with existing state and federal laws.
2. Update the URA regulations to permit other methods of mail delivery, such as FedEx and UPS

   The current regulations at 49 CFR 24.5 provides for two (2) methods of notice delivery: 1) personally served; or 2) sent by certified or registered mail, return receipt requested. These alternative mail delivery services can provide the same type of delivery confirmation as a return receipt, and would give agencies the flexibility to decide what type of delivery works best in a particular situation. In addition, certified mail with a return receipt may not be a viable alternative for offers or notices that must be sent internationally to some foreign countries.

Note: A chart containing an evaluation of the benefits of using electronic methods compared to the use of personal delivery or certified mail delivery only is included as Exhibit “E” to this report.