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Chapter 8: Implementation Activities

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RIGHT-OF-WAY PROGRAM

After the March 2000 scanning study, the rest of the year was devoted to:

This chapter describes implementation activities under way based on the Right-of-Way and Utilities scanning team's recommendations.

Land Consolidation

Land consolidation is used extensively in Norway and Germany. In both countries, the process can be judicially enforced if it is found to be in the public interest. This concept was considered particularly applicable to the proposed Interstate 69 route in Indiana, Illinois, Tennessee, Arkansas, Mississippi, Michigan, and Texas. This route extends a distance of 1,600 miles, much of which will be built on new alignment. When an indication of interest in land consolidation was solicited from the States along this route, several responded positively.

Staff from the FHWA Office of Real Estate Services (ORES) developed a draft policy, which was circulated for review and comment. They subsequently met and coordinated with the FHWA Office of Human Environment, National Environmental Policy Act Facilitation and Chief Counsel to work out details of the policy and funding and reimbursement procedures. Based on input from the various offices, it was determined that the following guidelines would be applied in developing a land consolidation policy:

FHWA's policy on land consolidation was issued December 8, 2000. The scanning team recommends that a survey of the use of this policy be undertaken in 2002 and additional marketing activities be considered. In a conference call with the FHWA Mississippi Division office, it was confirmed that Mississippi is actively considering using the land consolidation policy in the I-69 corridor. FHWA has extended the policy for use in all States as appropriate.

Right-of-Way Experimental Projects

The four State right-of-way managers who participated in the scanning study were interested in European right-of-way practices aimed at streamlining or expediting the right-of-way process. Using many of these practices in the United States would require changing Federal laws or regulations. To facilitate a test and evaluate formats for such initiatives, ORES staff drafted conceptual proposals for consideration. Funding for administrative costs related to implementation initiatives was made available in late 2000.

Following the scan, several reports were prepared:

The reports and agenda describe implementation initiatives. In most cases, ORES prepared a concept statement and shared it with SITG members. All of the initiatives were discussed at the first SITG meeting with the understanding that the scan proposals would be formulated and then presented, discussed, and considered by FHWA at the second SITG meeting on March 22, 2001. The agenda for that meeting outlined the discussion and consideration of implementation on the following experimental projects.

Appraisal Review Modification--Conceptual proposals were received from Florida, Michigan, Wisconsin, and Washington. These experimental projects to evaluate eliminating appraisal review requirements under certain circumstances have been approved by FHWA and are all under way.

Appraisal Waivers exceeding $10,000--Experiments in Florida and North Carolina were approved at $20,000. A proposal from Michigan is pending FHWA approval.

Incentive payments--Florida and Virginia are implementing FHWA-approved projects. A report on the benefits and cost savings of the Virginia project is included in this report in Appendix D. A previous project in Michigan had excellent results.

Same Person Appraising and Negotiating On Properties Exceeding $10,000--California has an experiment under way extending the conflict of interest limit to $25,000. Each California DOT district is authorized to adopt this procedure on one project.

Appraisal/Replacement Housing Payment Calculation--Colorado and Arizona may consider this one-step process for experimentation, although FHWA has received no State proposals. FHWA may need to do a broader solicitation for a State experiment to be undertaken in this area.

Right-of-Way Exchanges, Meetings, and Presentations

The Right-of-Way and Utilities Scanning Study has generated numerous follow-up activities, consultations, and meeting presentations by representatives of the European host delegations.

Future Actions

Team members noted several other areas during the scan worthy of consideration for future action in the United States. The FHWA Office of Real Estate Services, with the cooperation of AASHTO, will take the initiative to explore how such techniques may be tested and evaluated. In some cases, such techniques may already be used in part or in total. Areas for exploration include:

The objective of these efforts is to evaluate existing environmental and right-of-way regulations to determine any changes that should be considered to accommodate early right-of-way acquisitions.

Delaware Technical and Community College and Marylhurst University have specific capabilities in the area of distance learning, which may be particularly relevant to the highway right-of-way program.

UTILITIES PROGRAM

After the March 2000 scanning study, the balance of the year was devoted to the following utilities-related areas:

The following sections detail implementation activities now in progress.

Experimental Utilities Projects

The FHWA Office of Program Administration has initiated the following experimental projects to evaluate innovative European utility practices.

Investigation of the feasibility of paying preliminary engineering costs for all utility relocations--The Virginia DOT began a pilot program in September 2000 in which it agreed to pay 100 percent of all preliminary engineering costs for utility relocations, regardless of who had prior rights. Results to date have been statistically inconclusive, but early returns indicate that benefits outweigh costs. The pilot project is continuing.

Investigation of the feasibility of recognizing pipelines as a mode of transportation-- The North Carolina State University Center for Transportation and the Environment initiated a literature search and found that the Texas Transportation Institute has designed a system to use pipelines to carry freight from Dallas, Texas, to Laredo, Mexico. The institute is looking for a funding source to build a prototype.

Utility Research/Technology Transfer Projects

The Office of Program Administration has initiated the following research and technology transfer projects to obtain and disseminate information about ongoing activities in the United States similar to innovative European utility practices.

Investigation of techniques to avoid unnecessary utility relocations--A contract was awarded to Nichols Consulting Engineers, Inc., in May 2001 to investigate and report on innovative techniques for avoiding unnecessary utility relocations. A final report will be distributed to FHWA, State DOTs, and utility organizations.

Investigation of methods to control the frequency of pavement cuts--A contract was awarded to the Transtec Group, Inc., in March 2001. Transtec Group will review and report on workable State and local policies for controlling the frequency of pavement cuts and state-of-the-art trenchless technology methods being used to avoid the need to cut pavements to install or access underground utilities. A final report will be distributed to FHWA, State DOTs, and utility organizations.

Evaluation of feasibility of placing utilities underground to reduce utility pole collisions--The Transportation Research Board (TRB) Utilities Committee (A2A07) convened a task force to look at utility pole safety, investigate countermeasures such as locating utilities underground, and develop a report on state-of-the-art utility safety. The final draft of this report was presented to TRB on January 15, 2002. Copies of the report will be distributed to FHWA, State DOTs, and utility organizations. Follow-up implementation actions are being developed.

Utility Meetings and Presentations

FHWA has encouraged State DOTs and utility companies to investigate the feasibility of applying specific innovative European utility practices in the United States. Efforts have included presentations and workshops at utility-related conferences, such as AASHTO Right-of-Way and Utilities conferences, National Highway/Utility Educational conferences, Mid-Atlantic Right-of-Way and Utilities conferences, and Transportation Research Board conferences. Additional efforts include:

Encourage State DOTs and utility companies to coordinate, cooperate, and communicate--The "AASHTO Guidelines and Best Practices for Utilities" were distributed to FHWA field offices for subsequent distribution to State DOTs on March 27-28, 2001. These guidelines and best practices stress the importance of good coordination, cooperation, and communication, and provide examples of successful State DOT programs. A pilot National Highway Institute highway and utility issues training course was conducted in North Carolina on March 27-28, 2001. Regular presentations began in Illinois on January 22-23, 2002. Numerous other presentations have been scheduled.

The FHWA Office of Asset Management is developing a videotape encouraging design and construction personnel to coordinate, cooperate, and communicate more effectively. This video will be distributed to FHWA, State DOTs, and utility organizations. A memorandum was sent to all FHWA field offices on November 28, 2001, urging them to take the initiative in encouraging State DOTs and utility companies to coordinate, cooperate, and communicate in the development of highway projects.

Encourage use of master utility agreements--The "AASHTO Guidelines and Best Practices for " distributed to State DOTs encourage the use of master agreements for utility relocations and the inclusion of utilities in design-build contracts.

Future Actions

Several other areas noted during the scan are worthy of consideration. The FHWA Office of Program Administration, with the cooperation of AASHTO, will take the initiative to explore how such techniques may be valuated in the United States. Areas for exploration include:

RIGHT-OF-WAY AND UTILITIES GUIDELINES AND BEST PRACTICES REPORT

A draft of AASHTO's "Right-of-Way and Utilities Guidelines and Best Practices" report was issued on January 21, 2000. The Subcommittee on Right-of-Way and Utilities believes it would be beneficial to amend this report to include practices the Right-of-Way and Utilities scanning team observed in Europe that may also be useful in the United States.

Suggested items to add to the report follow.

Project Development

Appraisal and Appraisal Review

As part of scan implementation activities, FHWA, working cooperatively with the States, has approved several experiments in the area of appraisal and appraisal review. These experiments involve increasing limits for appraisal waivers and eliminating appraisal reviews in certain circumstances. The experimental projects are under way and may result in future revisions of FHWA policies or regulations.

Acquisition

As part of scan implementation activities, experiments are under way in several States on using incentive payments and expanding the conflict-of-interest limits that allow the same person appraising property to also negotiate for it. After evaluation, these experimental projects may result in revised FHWA policies and regulations.

Some of the best practices for acquisition contained in the guidelines are being used effectively in Europe. These include:

Training

The report should include a new best practice on cooperating with institutions, such as colleges or universities, to develop both traditional and non-traditional training in the right-of-way and utilities program areas. This is being done successfully in some European countries.

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Page last modified on November 7, 2014
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