[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20675]
[[Page Unknown]]
[Federal Register: August 23, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Right-of-Way Revolving Fund; Project Selection
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice.
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SUMMARY: The Federal-Aid Highway Act of 1968 amended section 108 of
title 23 U.S.C. by adding section 108(c) establishing the right-of-way
revolving fund with an authorization of $300 million from the Highway
Trust Fund. Fiscal constraints, in recent years, have limited
obligational authority to approximately $43 million per year. However,
the demand for revolving funds has greatly exceeded available funds
and, as a result, the projects selected for funding have received only
approximately $1 for every $3 requested.
The FHWA is publishing this notice to describe the project
selection criteria and the process used to ensure that all requests are
carefully screened to identify the most deserving projects.
Furthermore, the FHWA desires to have the selection process completed
in a timely manner so allocations can be made as expeditiously as
possible once the funds become available.
FOR FURTHER INFORMATION CONTACT: Mr. Janis Gramatins, Realty
Specialist, Special Programs and Evaluation Branch, Office of Right-of-
Way, HRW-12, (202) 366-2030; or Mr. Reid Alsop, Office of Chief
Counsel, HCC-31, (202) 366-1371, Federal Highway Administration, 400
Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:30
a.m. to 4 p.m., e.t., Monday through Friday, except legal Federal
holidays.
SUPPLEMENTARY INFORMATION: The regulation implementing 23 U.S.C. 108(c)
is found at 23 CFR Part 712, Subpart G, Right-of-Way Revolving Fund.
Additional guidance is found at 23 CFR Part 130, Subpart D, Advance
Right-of-Way Revolving Funds.
Since the inception of the program the revolving fund has generated
a high level of activity. Thirty-nine States including Puerto Rico have
taken advantage of the fund with total allocations to date of $714
million. Currently there are 19 States actively involved with
allocations of $244 million. Over the past several years, average
annual requests for revolving funds have been $180 million. The demand
and competition for these funds makes it incumbent upon us to ensure
that the most deserving projects are selected. Further, these funds
must be allocated as expeditiously as possible once they become
available.
The Process
No later than the first day of August of each year, the FHWA
solicits from each State a request for projects, asking for their
response by the first week of September. A State's request, which may
include more than one project, is evaluated and ranked, by the FHWA
Division office. The Division office forwards the State's request with
the Division's evaluation and ranking to the Regional office which, in
turn, evaluates and ranks all requests before forwarding them to FHWA
Headquarters', Office of Right-of-Way.
Criteria
The following criteria are used at each level of evaluation.
Cost Savings
The primary intent of the program is to advance funds sufficiently
early in project development to avoid escalating real estate costs or
relocation costs associated with developed properties. An analysis of
the estimated cost savings is required.
Type of Facility
High-type, usually controlled access roadways serving important
national or regional (sub-State) transportation needs with significant
planned ADT, and passenger transit facilities, will receive priority
consideration.
Environmental Assessment
The potential of the project to enhance the environment or minimize
negative environmental impacts of development is important. Because
highway funds generally cannot be expended on a project until the
appropriate environmental document has been prepared and approved, the
status of the document is an important ranking factor. If the
appropriate document has not been approved the expected date of
approval should be so stated in the application.
Use of Prior Allocations
With demand for revolving funds outstripping supply by a 3 to 1
margin, the past performance, if any, of a State in returning the funds
so they can be ``revolved'' to other projects is an important
criterion.
Obligational Ability
All funds must be obligated in the same year in which the funds are
allocated. Any factors that may hinder the obligation of funds during
the fiscal year in which they are allocated, must be addressed. Other
criteria to be considered include total project cost, corridor
preservation innovation, project connectivity [i.e., the relationship
of the project with other highway, or intermodal, projects], and the
national geographical distribution of funds available for allocation.
Project Selection and Notification
The FHWA uses a multi-disciplinary team to evaluate and recommend
projects for funding. If a recommendation is approved a preliminary
allocation of funds for the selected project is made to the specific
State through the FHWA field offices. Authority to obligate all or part
of the allocated funds is granted when a State actually proceeds with
land acquisition.
Authority: 23 U.S.C. 101(a), 108, and 315; 49 CFR 1.48 (b); 23
CFR 1.32.
Issued on: August 16, 1994.
Rodney E. Slater,
Federal Highway Administration.
[FR Doc. 94-20675 Filed 8-22-94; 8:45 am]
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