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R77-04 02-14-77RESOLUTION NO. R77-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE PROVISIONS AND PROPOSAL OF MINUTE ORDER NUMBER 72165, PASSED AND APPROVED BY THE STATE DE- PARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON JANUARY 20, 1977. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. The City of Pearland, Texas, by the adoption and passage of this resolution, does hereby accept and agree to the terms and provisions of Minute Order 72165 passed by the State Department of Highways and Public Transporta- tion of the State of Texas, on January 20, 1977, a copy of which is attached hereto and made a part of this resolution for all purposes as Exhibit "A". II. That the Mayor and City Secretary are hereby authorized and directed to execute and deliver any and all documents and to do any and all other things necessary and convenient to carry out the terms of this resolution or Minute Order Number 72165. III. That this resolution shall take effect from and after its passage and adoption. PASSED, APPROVED AND ADOPTED this / day of A. D., 1977. ATTEST: CITY OF PEARLAND, TEXAS ine Act City Secretary Mayor STATE DEPARTMENT OF a.sU 111Gi ,r.. B Apt' PUBLIC ',lx�NSt? Te e BRAZORIAJAl'� 2 1977 — — ---County MINUTE�7+ 0 fin, 1 %c M IiJ 1 UTE 'r �� Pnf e �r,f District No._12 �► WRFr:F.AS, in BRAZORIA COUNTY, the-City of Pearland has requested assistance in reconstruc- tion on Farm to Market Road 518 from Washington Avenue to 'Hatfield Road, a distance of approximately 1.1 miles; and WHEREAS, Farm to Market Road 518 is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Pearland in such work; NOW, ihea4rTRE, the Engineer-Director is directed to tender the following proposal to the City of Pearland: Provided the City will maintain that portion of the work which is its responsibility in accordance with present maintenance agreeient and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regula tics of the Department, the Department will, subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds 1. Prepare construction plans and specifications. 2. Provide for widening Grating, Structures and Surfacing at an estimated cost of $464,000 as authorized in the 1977-1978 Urban System Program. 3. Ia" stain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Pearland, the Engineer-Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvPrents, to proceed with the en- giaeerin,g development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most fQa.sible and economical manner. This Order shall become operative upon acceptance by the City of Pearland and if not ac- cepted within 90 days of the date hereof, the action herein contained shall be automati- cally cannPi led. Submitted by: f rammed a.^.i recornmmded (Title) P4og D-i Engineer :\p,roveC Approved: r,:t 72165 — — Commis Tuner Minute Number --— —. _ - - _ ___--Cornrn:ssioner Date Pissed VA1t 20 77 • .c.../v7, COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR REAGAN HOUSTON, CHAIRMAN AND PUBLIC TRANSPORTATION B. L. DEBERRY DEWITT C. GREER CHARLES E. SIMONS OVS/ P. 0. Box 1386 Houston, Texas 77001 January 26, 1977 1-1-1 0 23 J IN REPLY REFER TO 0-0ONQ FILE NO Minute Order No. 72165 City of Pearland Brazoria County Hon. Carlton McComb Mayor, City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Dear Mayor McComb: Attached is a copy of the subject Minute Order concerning reconstruction on F. M. 518 from Washington Avenue to Hatfield Road, this being included in the Urban System. As you will note, the Order requires acceptance of its provisions by the City Council within 90 days. We will appreciate receiving two certified copies of the action taken by the City Council within this time period. If you should have any questions, Mr. F. G. Miksovsky will be available for your assistance. Very truly yours, 167-44:5C72. 1$7711,24asj Omer F. Poorman District Engineer District No. 12 Attachment cc : Mr. F. G. Miksovsky 1 JUL 14 1R75 CITY C,= - PEARLA I COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION_ B L DEBERRY DEW TT C GREER P. O. Box 1386 \ CHARLES E SIMONS Houston, Texas 77001 l tt � July 10, 1975 // t/ I. f / / \� IN PEPLY REFER TO f < 7 FILE "JO - Right of Way Acquisition for �, ‘ � Federal-Aid Highway Projects Hon. Carlton McComb Mayor, City of Pearland P. 0, Box 157 Pearland, Texas 77581 Dear Sir: A number of Federal-Aid Highway Projects, covered by the Primary, Secondary, Urban Systems, as well as others, are being and have been pro- grammed which require that the Municipalities, the Counties and the State participate for the ultimate development of these projects. Under the provisions of these projects the cities and counties must handle their portion of the required work in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. As all requirements of the Uniform Relocation end Real Property Acquisition Policies Act of 1970 and Federal Regulations must be met to insure our eligibility to receive Federal funds, your concurrence and compliance is requested as the denial of Federal funds could severely limit the amount of construction in which the Department may participate. In the interest of protecting our eligibility for financing of projects on these Systems, we bring to your attention the necessity for complying with the provisions of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 in your acquisition of the needed right of way. Although we have attached Titles II and III of the Act for your reference and guidance, we have prepared a listing expanding on several provisions of the Act that will be the most difficult for the State to administer and request your assistance in working out an equitable solution to these items. y' Right of Way Acquisition It is emphasized that failure On your part to comply with any particular area could result in a loss of Federal finances and possibly post- pone indefinitely the construction of a proposed project. Your cooperation in accordance with the terms of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and to the extent of our request herein will allow the State to carry out our respective responsibilities and continue with the ultimate construction of the facility. Should you have any questions on this matter, feel free to call and wewill have someo e from this--e€€ice discuss any problem area or meet with, you if this would be beneficial in any way. ours very truly Omer F. Poorman District Engineer - District No. 12 BAD/ja Attachments - kfr d r i ..i ' . • J-1 1 6 il -ft ti )yrtil- — /1 t t." 1I A ...............: , r, 1 • SPECIAL PROVISIONS FOR COMPLYING WITH THE UNIFORM RELOCATION AND REAL PROPERTY ACQUISITION; i OT-ICIES ACT OF 1970 On all projects becoming a part of the Highway System, it is the State 's responsibility to offer relocation assistance to all displaced persons whether they be a homeowner or tenant that are required to move as a result of a highway project. This offer also applies to owners of vacant property. To fully comply with the Relocation Assistance Act, we are directed to offer our assistance simultaneously with the acquiring agency's fair market value offer when homeowners and/or tenants are involved. Realizing that this would be an impossible task, we have adopted the procedure of notifying a displacee im- mediately upon receiving notification from the acquiring agency that an offer to acquire has been made to the owner. General guidelines issued by the Federal Highway Administration require that the relocation offer be made within seven days after an offer of fair market value has been made for the real estate. In order for the State to be in a position to coordinate our offer within this prescribed period of time, it will be mandatory that we receive a carbon copy of the acquiring agency's offer letter to the owners within at least two days after the offer has been made. This will enable us to efficiently administer our relocation assistance program. Also, we point out that our relocation benefits are computed based on the fair market value established and offered by the acquiring agency. To be able to compute our relocation offer on occupied parcels and then be in a position to offer it to the eligible displacee within the time period as out- lined above, it will be necessary that the acquiring agency furnish this office the amount of the consideration to be offered the owner for the property to be acquired. Based on past experience, we estimate approximately 30 days will be required by this office to prepare and obtain approval of these supple- ments. It is suggested that this can be accomplished by writing a confidential letter addressed .to the District Engineer of District 12 setting forth the con- sideration for land and improvements separately. We will subsequently advise the acquiring agency when we have obtained the necessary approval of our computed relocation benefits so that the acquiring agency might proceed with the offers in their usual manner. It will be necessary that the property owner or his representative be afforded an opportunity to accompany the appraiser during his inspection of the property. In the case of out of town or unknown owners, the acquiring agency must make diligent attempts to locate the owner or his representative. If unsuccessful, the appraiser should proceed, but the acquiring agency's records must be documented to show the dates of the contacts made in attempting to arrange an appointment with the owner or his representative. The property owner must be furnished a written offer which includes an identification of the property and the interest to be acquired. Also, the acquiring agency's written offer letter must contain a statement explaining that the offer is based on the acquiring agency's review and analysis of an ap- praisal(s) of such property made by a qualified appraiser(s;- . Attached for the acquiring agency' s use is a sample offer letter that may be of assistance in revising their present offer letter. The Federal Highway Administration has ruled that on all partial takings, the landowners shall be furnished the amount of compensation allocable to the value of the part taken, and the amount allocable to damages to the remainder. The following example sentence Auk can be added to the acquiring agency's normal offer letter. "The total offer of $ represents $ as value for the property to be purchased and $ as payment for damages to your remain- ing property." Where donated right of way is involved the property owner must be apprised of his right to receive just compensation for the acquisition of his property, although it is no longer necessary for the acquiring agency to appraise the property to be donated and/or advise the owner of the amount of the appraisal. When accepting a donation, it is emphasized that the acquiring agency's files must be fully documented to support that they have followed Section 145 of the 1974 Act. A letter from the property owner acknowledging and waiving his right to receive just compensation is considered to be adequate support for the acquiring agency. After the purchase of improved property and to the maximum extent practicable, no one will be required to vacate the property being acquired in less than 90 days from the date that such property is purchased. However, the 90-day notification letter is the State's responsibility under the Relocation Program. Therefore, it is encumbent on the acquiring agency to advise the State in writing as soon as practical of the date the property owner was paid or the date money was deposited into the Registry of the Court. It is assumed that the acquiring agency will extinguish any property interest held by a utility company within the right of way limits of this project. We do want to stress the importance for the acquiring agency to have complete documentation in their files that would show the agency had acquired the needed right of way in accordance with the guidelines of Title III. Also, this documentation will support the following certification of compliance that is to be furnished to the Highway Department and signed by the appropriate City or County official. ". . . . certify that right of way for has been acquired according to policies of the Texas Highway Department and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is available for audit in our files." R'"ai t of Way Manual TITLE II--UNiFORM RELOCATION ASSISTANCE DECLARATION OF POLICY Sec. 201. The purpose of this title is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer dispro- portionate injuries as a result of programs designed for the benefit of the public as a whole. MOVING AND RELATED EXPENSES Sec. 202. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displace- ment of any person on or after the effective date of this Act, the head of such agency shall make a payment to any displaced person, upon proper application as approved by such agency head, for-- (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency; and (3) actual reasonable expenses in searching for a replacement business or farm. (b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance, determined according to a schedule established by the head of the Federal agency, not to exceed $300; and a dislocation allowance of $200. (c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than $2,500 nor more than $10,000. In the case of a business no payment shall be made under this subsection unless the head of the Federal agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the United States , which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before Federal, State, and local income taxes , during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the • real property acquired for such project, or during such other period as the head of such agency determines to be more equitable for establishing such earnings , and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period. REPLACEMENT HOUSING FOR HOMEOWNER Sec. 203 . (a) (1) In addition to payments otherwise authorized by this title, the head of the Federal agency shall make an additional payment not in excess of $15,000 to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the PLATE 3R Sheet 4 of 14 R1.4ht of Way Manual property. Such additional pavme shall include the following eients : (A) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the Federal agency, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public ser-"ices and places of employment and available on the private market. All determi::ations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the additional payment. (B) The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the Federal agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisi- tion of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (C) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses . (2) The additional payment authorized by this subsection shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period begin- ning on the date on which he receives from the Federal agency final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. (b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage (including advances during construction) on a comparable replacement dwelling executed by a displaced person assisted under this section, which mortgage is eligible for insurance under any Federal law administered by such agency notwithstanding any requirements under such law relating to age, physical condition, or other personal characteristics of eligible mortgagors , and may make commitments for the insurance of such mortgage prior to the date of execution of the mortgage. REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS Sec. 204. In addition to amounts otherwise authorized by this title, the head of the Federal agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 203 which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling. Such payment shall be either-- (1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000, or (2) the amount necessary to enable such person to make a downpayment (including incidental expenses described in section 203(a) (1) (C) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities , but not to exceed PLATE 3R • -4- Sheet 5 of 14 Right of Way Manual $4,000, except that if such amount exceeds S2,000, such person must equally match any such amount in excess of $2,000, in making the downpayment , RELOCATION ASSISTANCE ADVISORY SERVICES Sec. 205. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this section, the head of such agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (c) of this section. If such agency head determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under such program. (b) Federal agencies administering programs which may be of assistance to displaced persons covered by this Act shall cooperate to the maximum extent feasible with the Federal or State agency causing the displacement to assure that such dis- placed persons receive the maximum assistance available to them. (c) Each relocation assistance advisory program required by subsection (a) of this section shall include such measures, facilities , or services as may be necessary or appropriate in order to-- (1) determine the need, if any, of displaced persons, for relocation assistance; (2) provide current and continuing information on the availability, prices, and rentals , of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses ; (3) assure that, within a reasonable period of time, prior to displace- ment there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by such Federal agency head, equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employ- ment, except that the head of that Federal agency may prescribe by regulation situations when such assurances may be waived; (4) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supply information concerning Federal and State housing programs , disaster loan programs, and other Federal or State programs offering assist- ance to displaced persons ; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) The heads of Federal agencies shall coordinate relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assist- ance programs . HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT Sec. 206. (a) If a Federal project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the Federal agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. (b) No person shall be required to move from his dwelling on or after the effective date of this title , on account of any Federal project, unless the Federal PLATE 3R C}IPP1' A nc 1/, Aft Right of Way Manual agency head is satisfied that replacement housing, in accordance with section 205(c) (3) , is available to such person. STATE REQUIRED TO FURNISH REAL PROPERTY INCIDENT TO FEDERAL ASSISTANCE (LOCAL COOPERATION) Sec. 207. Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal program or project, the Federal agency having authority over the program or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 210 and 305 of this Act. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such payments and assistance. STATE ACTING AS AGENT FOR FEDERAL PROGRAM Sec. 208. Whenever real property is acquired by a State agency at the request of a Federal agency for a Federal program or project, such acquisition shall, for the purposes of this Act, be deemed an acquisition by the Federal agency having authority over such program or project. PUBLIC WORKS PROGRAMS AND PROJECTS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Sec. 209. Whenever real property is acquired by the government of the District of Columbia or the Washington Metropolitan Area Transit Authority for a program or project which is not subject to sections 210 and 211 of this title, and such acqui- sition will result in the displacement of any person on or after the effective date of this Act, the Commissioner of the District of Columbia or the Washington Metropolitan Area Transit Authority, as the case may be, shall make all relocation payments and provide all assistance required of a Federal agency by this Act. Whenever real property is acquired for such a program or project on or after such effective date, such Commissioner or Authority, as the case may be, shall make all payments and meet all requirements prescribed for a Federal agency by title III of this Act. REQUIREMENTS FOR RELOCATION PAYMENTS AND ASSISTANCE OF FEDERALLY ASSISTED PROGRAM; ASSURANCES OF AVAILABILITY OF HOUSING Sec. 210. Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this title, unless he receives satisfactory assurances from such State agency that-- (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons , as are required to be provided by a Federal agency under sections 202, 203, and 204 of this title; (2) relocation assistance programs offering the services described in section 205 shall be provided to such displaced persons ; (3) within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with section 205(c) (3) o PLATE 3R 7 -C 11 flit of Way Manual FEDERAL SHARE OF COSTS Sec. 211. (a) The cost to a State agency of providing payments and assistance pursuant to sections 206, 210, 215, and 305, shall be included as part of the cost of a program or project for which Federal financial assistance is available to such State agency, and such State agency shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwithstanding any other law in the case where the Federal financial assistance is by grant or contribution the Federal agency shall pay the full amount of the first $25,000 of the cost to a State agency of providing payments and assistance for a displaced person under sections 206, 210, 215, and 305, on account of any acquisition or displacement occuring prior to July 1, 1972, and in any case where such Federal financial assistance is by loan, the Federal agency shall loan such State agency the full amount of the first $25,000 of such cost. (b) No payment or assistance under section 210 or 305 shall be required or included as a program or project cost under this section, if the displaced person receives a payment required by the State law of eminent domain which is determined by such Federal agency head to have substantially the same purpose and effect as such payment under this section, and to be part of the cost of the program or project for which Federal financial assistance is available. (c) Any grant to, or contract or agreement with, a State agency executed before the effective date of this title, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this Act, shall be amended to include the cost of providing payments and services under sections 210 and 305. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 206, 210, 215, and 305. ADMINISTRATION--RELOCATION ASSISTANCE IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE • Sec. 212. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under sections 206, 210, and 215 of this title, a State agency may enter into contracts with any individual, firm, association, or corporation for services in connection with such programs, or may carry out its functions under this title through any Federal or State govern- mental agency or instrumentality having an established organization for conducting relocation assistance programs. Such State agency shall, in carrying out the relocation assistance activities described in section 206, whenever practicable, utilize the services of State or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities . REGULATIONS AND PROCEDURES Sec. 213. (a) In order tc Yro: J:e ui fc m and effective administration of relocation assistance and land acquisition of State or local housing agencies, or other agencies having programs or projects by Federal agencies or programs or projects by State agencies receiving Federal £ia,..ncial assistance, the heads of Federal agencies shall consult together on the establishment of regulations and procedures for the implementation of such prcgrams . (b) The head of each Federal agency is authorized to establish such regu- lations and procedures as he may determine to be necessary to assure-- (1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable, and as uniform as practicable; PLATE 3R -7- Sheet 8 of 14 R i'.""kr of Way Manual �► (2) that a displaced pe,.,on who makes proper application, Lor a payment authorized for such person by this title shall be paid promptly after a move or, in hardship cases , be paid in advance; and (3) that any person aggrieved by a determination as to eligibility for a payment authorized by this Act, or the amount of a payment, may have his application reviewed by the head of the Federal agency having authority over the applicable program or project, or in the case of a program or project receiving Federal financial assistance, by the head of the State agency. (c) The head of each Federal agency may prescribe such other regulations and procedures, consistent with the provisions of this Act, as he deems necessary or appropriate to carry out this Act. ANNUAL REPORT Sec. 214. The head of each Federal agency shall prepare and submit an annual report to the President on the activities of such agency with respect to the programs and policies established or authorized by this Act, and the President shall submit such reports to the Congress not later than January 15 of each year, beginning January 15, 1972, and ending January 15, 1975, together with his comments or recommendations. Such reports shall give special attention to: (1) the effectiveness of the provisions of this Act assuring the availability of comparable replacement housing, which is decent, safe, and sanitary, for displaced. homeowners and tenants; (2) actions taken by the agency to achieve the objectives of the policies of Congress, declared in this Act, to provide uniform and equal treatment, to the greatest extent practicable, for all persons displaced by, or having real property taken for, Federal or federally assisted programs; (3) the views of the Federal agency head on the progress made to achieve such objectives in the various programs conducted or administered by such agency, and among the Federal agencies; (4) any indicated effects of such programs and policies on the public; and (5) any recommendations he may have for further improvements in relocation assistance and land acquisition programs , policies, and implementing laws and regulations . PLANNING AND OTHER PRELIMINARY EXPENSES FOR ADDITIONAL HOUSING Sec. 215. In order to encourage and facilitate the construction or rehabili- tation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal financially assisted project, the head of the Federal agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses , prior to construction, for planning and obtaining federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons . Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs , preliminary site engineering, preliminary architectural fees , site acquisition, application and mortgage commitment fees , and construction loan fees and discounts . Loans to an organi- zation established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall he without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be PLATE 3R -8- Sheat 9 of 14 • R. , it of Way Manual obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid shall be credited to the account from which such loan was made, unless the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts . PAYMENTS NOT TO BE CONSIDERED AS INCOME Sec. 216. No payment received under this title shall be considered as income for the purposes of the Internal Revenue Code of 1954; or for the purposes of determining the eligibility or the extent of eligibility of any person for assist- ance under the Social Security Act or any other Federal law. DISPLACEMENT BY CODE ENFORCEMENT, REHABILITATION, AND DEMOLITION PROGRAMS RECEIVING FEDERAL ASSISTANCE Sec. 217. A person who moves or discontinues his business, or moves other personal property, or moves from his dwelling on or after the effective date of this Act, as a direct result of any project or program which receives Federal financial assistance under title I of the Housing Act of 1949, as amended, or as a result of carrying out a comprehensive city demonstration program under title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall, for the purposes of this title, be deemed to have been displaced as the result of the acquisition of real property. TRANSFERS OF SURPLUS PROPERTY Sec. 218. The Administrator of General Services is authorized to transfer to a State agency for the purpose of providing replacement housing required by this title, any real property surplus to the needs of the United States within the meaning of the Federal Property and Administrative Services Act of 1949, as amended. Such transfer shall be subject to such terms and conditions as the Administrator determines necessary to protect the interests of the United States and may be made without monetary consideration, except that such State agency shall pay to the United States all amounts received by such agency from any sale, lease, or other disposition of such property for such housing. DISPLACEMENT BY A SPECIFIC PROGRAM Sec. 219. Notwithstanding any other provision of this title, a person-- (1) who moves or discontinues his business, moves other personal property, or moves from his dwelling on or after January 1, 1969, and before the 90th day after the date of enactment of this Act as the result of the contemplated demolition of structures or the construction of improvements on real property acquired, in whole or in part, by a Federal agency within the area in New York, New York, bounded by Lexington and Third Avenues and 31st and 32d Streets ; and (2) who has lived on, or conducted a business on, such real property for at least one year prior to the date of enactment of this Act; may be considered a displaced person for purposes of sections 202 (a) and (b) , 204, and 205 of this title, by the head of the agency acquiring the real property if-- (A) the head of the agency determines that such person has suffered undue hardship as the result of disp,lacement from the real property; and (B) the Federal Government acquired and held such property for at least five years prior to the date of enactment of this Act. PLATE 3R Sheet 10 of 14 a mw Right of Way Manual REPEALS Sec. 220. (a) The following laws and parts of laws are hereby repealed: (1) The Act entitled "An Act to authorize the Secretary of the Interior to reimburse owners of lands required for development under his jurisdiction for their moving expenses, and for other purposes," approved May 29, 1958 (43 U.S .C. 1231-1234) . (2) Paragraph 14 of section 203(b) of the National Aeronautics and Space Act of 1958 (42 U.S .C. 2473) . (3) Section 2680 of title 10, United States Code. (4) Section 7(b) of the Urban Mass Transportation Act of 1965 (49 U.S.C. 1606(b)) . (5) Section 114 of the Housing Act of 1949 (42 U.S .C. 1465) . (6) Paragraphs (7) (b) (iii) and (8) of section 15 of the United States Housing Act of 1937 (42 U.S .C. 1415, 1415(8)) , except the first sentence of paragraph (8) . (7) Section 2 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to pay relocation costs made necessary by actions of the District of Columbia government, and for other purposes", approved October 6, 1964 (78 Stat. 1004; Public Law 88-629; D.C. Code 5-729) . (8) Section 404 of the Housing and Urban Development Act of 1965 (42 U.S .C. 3074) . (9) Sections 107 (b) and (c) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S .C. 3307) . (10) Chapter 5 of title 23. United States Code. (11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 (Public Law 90-495) . (b) Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions thereof under subsection (a) of this section. EFFECTIVE DATE Sec. 221. (a) Except as provided in subsections (b) and (c) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment. (b) Until July 1, 1972, sections 210 and 305 shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections . After July 1, 1972, such sections shall be completely applicable to all States. (c) The repeals made by paragraphs (4) , (5) , (6) , (8) , (9) , (10) , (11) , and (12) of section 220(a) of this title and section 306 of title III shall not apply to any State so long as sections 210 and 305 are not applicable in such State. PLATE 3R Sheet 11 of 14 Riylilit of Way Manual TITLE III--UNIF•OR% .EAL PROPERTY ACQUISITION POLIC UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES Sec. 301. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. (3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency's approved appraisal of the fair market value of such property. Any decrease or in- crease in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a) , for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. (5) The construction or development of a public improvement shall be so sched- uled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by title II will be available) , or to move his business or farm operation, without at least ninety days' written notice from the head of the Federal agency concerned, of the date by which such move is required. (6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. (8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it neces- sary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property. PLATE 3R Sheet 12 of 14 • • -11- oomk AN • ,. „Mt of Way Manual BUILDINGS, STRUCTURES, AND IMPROVEMENTS Sec. 302. (a) Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall ac- quire at least an equal interest in all buildings, structures, or other improve- ments located upon the real property so acquired and which he requires to be re- moved from such real property or which he determines will be adversely affected by the use to which such real property will be put. (b) (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and re- lease to the United States all his right, title, and interest in and to such improve- ments. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection. EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO UNITED STATES Sec. 303. The head of a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for-- (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the United States; (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the United States, or the effective date of possession of such real property by the United States, whichever is the earlier. LITIGATION EXPENSES Sec. 304. (a) The Federal court having jurisdiction of a proceeding instituted_ by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if-- (1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the United States. (b) Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted. (c) The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a) (2) or 1491 of title 28, United States Code, awarding compensation PLATE 3R lti E of Way Manual '1 for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding. REQUIREMENTS FOR UNIFORM LAND ACQUISITION POLICIES; PAYMENTS OF EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAYMENT OF LITIGATION EXPENSES IN CERTAIN CASES Sec. 305. Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisi- tion of real property on and after the effective date of this title, unless he re- ceives satisfactory assurances from such State agency that-- (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and the provisions of section 302, and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304. REPEALS Sec. 306. Sections 401, 402, and 403 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3071-3073) , section 35(a) of the Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby repealed. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. • PLATE 3R Sheet 14 of 14 -1 3- (SAMPLE LETTER FOR CONFIRMING OFFER) Date County • Account No. Parcel No. ' State, U. S. , or F. M. Highway Mr. and Mrs. E. F. Black 1313 Oak Street Kickshaw, Texas Dear Mr. and Mrs. Black: In acquiring right of way by County for the Texas Highway Department, a definite procedure is followed for appraising the land needed and handling personal negotiations with each property owner. As a result of this, fee title to* acres of your land (save and except oil, gas and sulphur) located on Highway near is required for construction** of this highway facility. We believe at this stage of the purchase procedure, it is mutually beneficial to confirm that based on well-established appraisal methods and an analysis and review by the Texas Highway Department, the fair market value of said tract is $ , which value is not less than the established just compensation and in arriving at said value, any increase or decrease in fair market value caused by said project has been disregarded. County, therefore, is authorized to offer you $ for your property. The total offer of $ represents $ as value for the property to be purchased and $ as payment for damages to your remaining property. This offer to purchase includes the improvements as listed below which are considered to by part of the real property. Since the improve- ments must be removed, it is the policy of the Texas Highway Department to permit owners to retain them. The retention values are the estimated amounts the improvements would bring if sold on public bids . Should you wish to retain title to any of the following improvements and remove them from the right of way, the above offer will be reduced by the appropriate retention amounts. Improvement Amount to be subtracted if retained*** House $ 800.00 Garage 50.00 Fencing 5.00 Shrubs 1.00 oft. ."t Page 2 As required by law, it is the policy of the Highway Department for us to negotiate with the owner of the land with the understanding that you will, in turn, negotiate with any lessees or others who may own any interest in the land or improvements except for utility easements and advertising sign leases. These will be handled separately by the Highway Department. You may be entitled to additional services under the State' s relocation program. It is emphasized, however, that any benefits to which you may be entitled under this program will be handled entirely separate and in addition to this transaction by the Texas Highway Depart- ment. You will be contacted either by letter or in person relative to this matter. Attached are field notes and a parcel sketch of the area needed. Should you have any questions regarding details as to the type of highway to be built or concerning the purchase transaction, please do not hesitate to contact our negotiator, Mr. Yours very truly, * or an easement across (whichever is applicable) ** or additional construction (whichever is applicable) *** Information to be obtained from State's.approved value As. Almkk (SAMPLE LETTER FOR CONFIRMING OFFER) Date County • Account No. Parcel No. State, U. S. , or F. M. Highway Mr. and Mrs. E. F. Black 1313 Oak Street Kickshaw, Texas Dear Mr. and Mrs. Black: In acquiring right of way by County for the Texas Highway Department, a definite procedure is followed for apprais- ing the land needed and handling personal negotiations with each property owner. As a result of this, fee title to* acres of your land (save and except oil, gas and sulphur) located on Highway near is required for construction ** of this highway facility. We believe at this stage of the purchase procedure, it is mutually beneficial to confirm that based on well-established appraisal methods and an analysis and review by the Texas Highway Department, the fair market value of said tract is $ , which value is not less than the established just compensation and in arriving at said value, any increase or decrease in fair market value caused by said project has been disregarded. County, therefore, is authorized to offer you $ for your property. The total offer of $ represents $ as value for the property to be purchased and $ as payment for damages to your remaining property. You may be entitled to additional services under the State's relocation program. It is emphasized, however, that any benefits to which you may be entitled under this program will be handled entirely separate and in addition to this transaction by the Texas Highway Department. You will be contacted either by letter or in person relative to this matter. Attached are field notes and a parcel sketch of the area needed. Should you have any questions regarding details as to the type of highway to be built or concerning the purchase transaction, please do not hesitate to contact our negotiator, Mr. Yours very truly, * or an easement across (whichever is applicable) ** or additional construction (whichever is applicable) NETS rn11. f niii 0 TEXAS HIGHWAY DEPARTMENT Q47Q9o�,0Oo O Q O O O � RELEASE NO. DATE 6/10/75DISTRICT No. 12 Qi 41/ CONTACT F. G. Miksovsky TELEPHONE 849-5784 Angleton Dale D. Marvel 869-4571 Houston • PRESS RELEASE A project in Pearland is included in the 1975-76 Urban Systems program approved recently by the Texas Highway Commission. Omer F. Poorman, District Engineer, Houston, said all of the projects are aimed at improving transportation in the urban areas . The projects were selected by appropriate local officials with the concurrence of the Texas Highway Department . The proposed work in Pearland consists of widening F.M. 518, from Park Street east to Westminister Street , a distance of approxi- mately 1 . 0 mile. This is a partial financing of $67, 200. 00 by the State. An additional $300,000.00 will be needed to complete the proposed 4-lane undivided section and will be recommended in a sub- sequent highway program as funds become available. Statewide, the urban system program will include work on 272 miles of street and highway improvements , plus federal assistance for hike and bike trail development and bus purchases in Houston . In all , the program contains 310 jobs in 128 urban areas. • - 30 - 0 5V):' COMMISSION ' g�lijy `,-BTA E' HWAY ENGINEER REAGAN HOUSTON, CHAIRMAN TEXAS HIGHWAY DEPARTMENT B. L. DEBERRY DEWITT C. GREER CHARLES E. SIMONS A U S T I N , TEXAS 78763 APR 21 1g7r P. 0. Box 5051 April 18, 1975 CITY OF PEARLAND IN REPLY REFER TO FILE NO.D-1 OUrban Rural Highway Public Transportation Demonstration Program Honorable Carlton McComb Mayor, City of Pearland P. 0. Box 157 Pearland, Texas 77581 , ‘ ') f), Dear Sir: The Rural Highway Public Transportation Demonstration Program is pro- vided by Section 147 of the Federal-Aid Highway Act of 1973, as amended. The purpose of this program is to enhance the development of public mass transportation systems operating vehicles on rural highways. Governor Dolph Briscoe has designated the responsibility for administering this program to the Texas Highway Department. Application procedures and eligibility requirements contained in the Federal Register, Volume 40, Number 71 , April 11 , 1975, are enclosed for your infor- mation and to assist you in developing the application for the Section 147 demonstration program. Completed applications must be mailed to the Texas Highway Department on or before June 10, 1975. If you have any questions , please contact Mr. Phillip L. Wilson, Engineer- Director, Planning and Research Division, or Mrs. Sally Cliver, Planning Assistant, Planning and Research Division, Texas Highway Department, P. 0. Box 5051 , Austin , Texas 78763 (512) 475-7266. Sincerely yours B. L. DeBerry State Highway Engineer • By: ... Phillip L. Wilson Engineer-Director Planning and Research Division Enclosures State of Texas `RURAL HIGHWAY PUBLIC TRANSPORTATION DEMONSTRATION .A")j./ IjyT PROGRAM U)j The Rural Highway Public Transportation Demonstration Program is provided by )4C3.- Section 147 of the Federal -Aid Highway Act of 1973, as amended. The purpose of this program is to enhance the development of public mass transportation systems operating vehicles on rural highways. These systems are to serve passengers within rural areas (below 5,000 population) and small urban areas (5,000 to 50,000 population) and between such areas and urbanized areas (50,000 and above population) . Facilities must be designed to accommodate the elderly and handicapped. Any public agency or non-profit, public pur- pose organization preferably with state or areawide responsibilities may apply for this grant. Eligible expenditures include operating as well as capital expenditures and the Federal share of project costs is 100%. Governor Dolph Briscoe designated the Texas Highway Department the respon- sible agency to administer these funds and supply technical assistance for this program in Texas. All applications received by the Texas Highway Department will be forwarded to the Region 6 office of the Federal Highway Administration in Fort Worth. Region 6 of the Federal Highway Administration is comprised of five (5) states which include Arkansas, Louisiana , New Mexico, Oklahoma , and Texas. The Federal Highway Administration 's Region 6 officials in Fort Worth along with regional representatives of the Urban Mass Transportation Administration will review and select not more than ten (10) proposals worthy of demonstra- tion . df The Federal Highway Administration's Regional offices will forward those proposals that they consider worthy of demonstration to their Washington Office. From these proposals, the Washington Office of the Department of Transportation will make a preliminary selection of projects to be funded for Fiscal Year 1974-1975 from the first year appropriation of $9.65 million. The number of proposals selected for funding will depend upon the number and costs of applications submitted. After a project has been tentatively selected by the Washington Office, be- fore any Federal funds are obligated, a public hearing will be held by the Texas Highway Department with the assistance of the applicant. The hearing will be held within the proposed service area. Results of the public hearings will be forwarded to Washington where a final selection of proposals will be made. Projects for Fiscal Year 1975-1976 will be selected from applications on the same basis as outlined above and we will advise you of the submission date for the same as soon as it is available. Final Federal guidelines for the Section 147 demonstration program were issued in the Federal Register, Volume 40, Number 71 , April 11 , 1975. The applicable portion of the same is attached for your assistance in preparing an application. All application requirements and selection criteria are included in this attachment. As noted in Section 820.17 of the attached portion of the Federal Register, applications must be received by the Texas Highway Department by June 10, 1975. Any application received after this date will not be processed. One completed application should be mailed to the Texas Highway Department, Mr. Phillip L. Wilson, Engineer-Director, -2- Planning and Research Division, P. 0. Box 5051 , Austin , Texas 78763. The Texas Highway Department will make the necessary copies of the application and forward the same to the Federal Highway Administration. A completed copy of the application should also be transmitted to your Regional Council of Governments for their A-95 review. A directory of the regional Councils of Governments is also attached. If you have any questions pertaining to the Section 147 demonstration program, please contact Mr. Phillip L. Wilson, Engineer-Director, Planning and Research Division or Mrs. Sally Cliver, Planning Assistant, Planning and Research Divi- sion, Texas Highway Department, P. 0. Box 5051 , Austin , Texas 78763 (512) 475-7266. -3- FRIDAY, APRIL 11, 1975 %II WASHINGTON, D.C. P�`N�VEESS Op,� 0 Volume 40 ■ Number 71 „ ,.; Pages 16293-16640. il'CIIII yc*1934*-, 11111110 PART I 401/ HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published in this issue.Detailed ill - table of contents appears inside. LAW DAY, U.S.A., 1975—Presidential Proclamation 16293 OR) WORKER ADJUSTMENT ASISTANCE—Labor adopts program for those unemployed due to increased im- ports; effective 4-11-75 16304 FOOD STAMPS—USDA/FNS amends methods of distri- buting, issuing, and accounting for coupons and 0 receipts; effective 4-11-75 16320 a YOU CONSERVATION grants;C effectiveRP U4-11-75FS issues r gu 16316 F+ SUPERVISED BANK ACCOUNTS—USDA/FmHA increases Federal Deposit Insurance Corporation coverage to Fa to $40,000; effective 4-11-75 124333 d� UN t RURAL HIGHWAY PUBLIC TRANSPORTATION DEMON- STRATION PROGRAM—DOT/FHA prescribes policies y and procedures; effective 4-11-75 16301 in EMERGENCY SCHOOL AID PROGRAMS—HEW/OE an- F-. nounces 5-16-75 as closing date for receipt of Ch applications• 16354 N '.4.1 o FUEL REGULATION—FEA eliminates prohibitions on low sulfur petroleum products for power generators :66:5 A 0 MEETINGS— p Commerce/SESA:Census Advisory Committee on Small Areas, 5-22 and 5-23-75 DOD/Air Scientific Advisory Board, 5-2-75 16352 %ill HEW/OE: National Advisory Council on Vocational Education, 4-30, 5-1 and 5-2-75 16355 Justice/LEAA: Civil Disorders and Terrorism Task 0 Force, 4-25-75 16352 (Continued inside) PART II: MO FEE SCHEDULE—FCC clarifies requirements and increases filing fees applicable to Form 316; effective 4-11-75 and 5-27-75 16393 PART III: MINIMUM WAGES—Labor/ESA determination 0 decisions for Federal and Federally assisted con- struction .............-_..--.-.--.----..—._._.w-._.._, 16467 RULES AND REGULATIONS 16301 themselves that any proposals submitted ministering the Rural Highway Public under the November guidelines comply Transportation Demonstration Program. with this issuance. Section 147 of the Federal-Aid Highway Changes from the original guidelines Act of 1973,as amended,through delega- 001 include the addition in §820.3 of defini- tion of authority by the Secretary of tions for a small urban area and operat- Transportation, authorizes the Federal r ing expenses, a change inu geograp Highway Administration (FHWA) and �' scope in §820.5, a provision in §820.7 the Urban Mass Transportation Admin- (b) regarding operating expenses,a pro- istration (UMTA) to carry out demon- vision in §820.7(c) to give preferences stration projects to encourage the de- to certain private bus operators, the velopin ent, improvement, and use of ` 4 addition of public notice and hearing re- public mass transportation systems op- , quirements inf §820.9(b)(2), provisions erating vehicles on highways for trans- (;4 in §820.9(d) for the Washington office to portation of passengers within rural make final selections after considering areas"and small urban areas, and be- the results of public hearings, the addi- tween such areas and urbanized areas,in tion of aj new §820.15, which requires order to enhance access of rural popula- 1‘).i ' that projects allow effective utilization tion to employment,health care, retail \ Q� oY services by elderly and handicapped centers,education,and public services. - V ..I y" persons, and a new §820.17, which pro- (b) The program is intended to: P.) � r vides that proposals shall be submitted (1) Increase the mobility of those per - by�) by 60 days from the date this issuance is sons in rural areas who do not have rea- p �/" published. sonable access to alternate forms of 1�i Section 147 now limits the participa- transportation and are often deprived C /�,� tion of Federal funds for operating ex- of mobility where public transportation < �'V penses to monies available from the Gen- is inadequate or nonexistent, eral Fund. For FY 1975, General Fund (2) Encourage the various programs or t.f tir monies account for $2.895 million, or 30 agencies which provide,transportation percent of the total FY 1975 appropria- or social services to develop a coordi- tion of $9.65 million. Applicants should nated approach to the organization and be aware that consideration of pro- financing of public transportation, 1 posals requesting project participation (3) Develop the results of the demon- /►rV in excess of 30 percent for operating ex- stration into a useful guide for rural penditures must necessarily be minimal. areas needing public transportation,and Project selection criteria are con- (4) Develop the technical, orga- ,�/� �l A Ke' tained in this issuance. Emphasis will be nizational, and economic information v "` f et_ on selection of a range of innovative needed for future decisions regarding na- na- pr types, and tional programs for rural transportation. ographical locations. 820.3 Definitions.. The funding commitment of local, State, or other Federal agencies to par- As used herein— ticipate in the program and to continue "Applicant" means a public agency or it after the expirati nstrt - nproflt public purpose organization, lion nerlo wee critical to referably with State or areawide re- sponsibilities, or an Indian tribe on a a to a Federal or State reservation. Title 23—Highways grant program,notice and public proce- "Operating expenses" means costs di- CHAPTER I—FEDERAL HIGHWAY ADMIN- dure thereon are unnecessary and they rectly related to system operations and ISTRATION, U.S. DEPARTMENT OF may be made effective in fewer than 30 shall include expenses for driver sala- TRANSPORTATION days after publication in the FEDERAL ries, fuel, and maintenance. SUBCHAPTER I. PUBLIC TRANSPORTATION REGISTER. "Program" means the Rural Highway PART 820—RURAL HIGHWAY PUBLIC Additional information not contained Public Transportation Demonstration TRANSPORTATION DEMONSTRATION here may be obtained from the Federal Program authorized by section 147 of the PROGRAM Highway Administration division office Federal-Aid Highway Act of 1973, Pub. Guidelines in each State, the Urban Mass Trans- L. 93-87, August 13, 1973, as amended. provide guidelines portation Administration regional of- "Rural areas" means all areas of a These regulations for administering the Rural Highway face, or the State transportation agency. State not included in either an urbanized In consideration of the foregoing, area designated by the Bureau of the Public Transportation Demonstration Subchapter I of Chapter I of Title 23, Census or an urban place designated by Program. Section 147 of the Federal-Aid Code of Federal Regulations,is amended the Bureau of the Census as having a Highway Act of 1973 as amended by sec- by adding a new Part 820,to read as set Population of 5,000 or more. tion 103 of the Federal-Aid Highway forth below. "Small urban area" means an urban Amendments of 1974 permits the Federal place as designated by the Bureau of the Highway and Urban Mass Transports- Sec. Census, having a population between tion Administration,by delegation of the 820.1 Purpose. 5,000 and 50,000 and not within any ur- Secretary of Transportation,to carry out 820.3 Definitions. banized area. demonstration projects for public mass 820.5 Geographic scope. "State agency" means the State de- ortation in rural areas and small 820.9 Eligible projectt expenditures. transportation 820.9 Responsibilities. partment of transportation, or State urban areas. 820.11 Content of applications. highway department if a State depart- On November 6, 1974, administrative 820.13 Project selection criteria. ment of transportation is not established, guidelines were Issued to implement the 820.15 Effective utilization by Elderly and except that some other agency desig- Rural Highway Public Transportation Handicapped persons. nated by the Governor may be approved Demonstration Program. The November 820.17 submission date. AIITHORITY; Pub. L.93-87, 4 147; Pub. L. by the FHWA and UMTA to be the State guidelines were revoked on February 11, 93-643, 4Ica; 49 b . lot 1.48(c) and 1.50(g). 1975. The guidelines in this issuance in- § Geographic scope. corporate changes necessary to ample- §820.1 Purpose. Projects approved under this part must ment the Federal-Aid Highway Amend- (a) The purpose of this part is to pre- ments of 1974. Applicants should assure scribe policies and procedures for ad- serve rural residents and may include FEDERAL REGISTER, VOL. 40, NO. 71—FRIDAY, APRIL 1I, 1975 16302 RULES AND REGULATIONS service by which passengers are trans- (2) For each project selected pur- the expected results and benefits includ- ported to small urban areas,within small suant to paragraph (d)(1) of this sec- ing system provisions to accommodate urban areas, and between these areas tion and prior to the obligation of any the elderly and handicapped, and urbanized areas when such service funds, publish a public notice which (b) A summary of project activities, will enhance the mobility of rural popu- shall include the name of the applicant, including how and where the demonstra- lations. the area to be served by the proposed tion will be conducted, changes to be §820.7 Eligible project expenditures. undertaking, and adequate description made in existing services, and new serv- of the proposal, and the time, date, and ices to be provided, (a) Projects eligible for Federal funds place of a public hearing which shall be (c) Identification of organizations under this part include,but are not lim- held within 60 days after publication of participating, ited to: (1) Highway traffic control de- the notice within the proposed service (d) Description of the area, available vices; (2) the construction of passenger area.The public notice shall be published transportation facilities, and proposed loading areas and facilities, including at least two times, one of which shall be transportation improvements, shelters; (3) fringe and transportation at least 30 days prior to the hearing, in (e) Data establishing need for the pro- corridor parking facilities to serve bus a newspaper having general circulation posed project, and other public mass transportation in the vicinity of the proposed undertak- (f) Statements of commitment by passengers; (4) the purchase of passen- ing. The hearing shall be held at a place agencies or organizations providing or ger equipment other than rolling stock and time generally convenient for per- needing transportation to use one area- for fixed rail; and (5) the payment from sons affected by the proposed under- wide service funded by the demonstra- the General Fund for operating ex- taking. Provision shall be made at the tion, penses. hearing for submission of written state- (g) Commitment of other Federal, (b) Program funds shall not be used ments, exhibits, and oral statements. A State,or local funds or programs to share to provide operating subsidies for exist- verbatim written transcript of the oral in the costs of the system, ing operations, nor for overhead and proceedings at the hearing shall be made (h) Summary of project costs and administrative costs incurred by State and such transcript together with copies breakdown of funding sources, agencies. Reasonable expenses for oper- of exhibits,copies of the published notice, (i) Description of how service pro- ating costs that are an integral part of and written statements, shall be for- vided will be monitored and evaluated new demonstration projects, as well as warded to the Washington office through and how service may be changed as a project supervision, monitoring, and the FHWA division office and the FHWA result of that evaluation,and evaluation costs, are eligible items of regional office, (j) Demonstration time schedule and expense, if properly distributed as proj- (3) Administer projects approved plans for continuation of the service past ect costs. Payments for operating ex- under this part within the State or reser- the demonstration period. penses shall not exceed 30 percent of the vation, respectively, program funds requested for the project. (4) Enter into an agreement with the § 820.13 Project selection criteria. Exception to the 30 percent requirement FHWA governing each project, and (a) Emphasis will be on the selection may be made if excess general funds are (5) Make program funds available of a range of projects—different sizes, available and good cause is shown. either directly for State-or tribal ample- types, and geographical locations. (c) Nothing herein shall be interpreted mented projects or through individual (b) The following criteria, not neces- to prohibit participation by private contracts with local applicants. sarily in order of importance,will be ap- transportation companies in demonstra- (c) Regional representatives of the plied by the FHWA and UMTA in select- tion projects through contractual ar- FHWA, UMTA, and the Secretary of ing demonstration projects for imple- rangements with the applicant. To the Transportation will: mentation. extent intercity bus service is provided (1) Review the applications, recom- (1) Innovative features that have po- under the program, preference shall be mend not more than ten (10) proposals tential for nationwide application. given to private bus operators who law- worthy of demonstration for each re- (2) The commitment of local, State, fully have provided rural highway pas- gion, and transmit seven (7) copies of or other Federal programs to participate senger transportation over the routes or each recommended proposal to the in the demonstration. within the general area of the demon- FHWA Washington office, (3) The likelihood of continuation of stration projeet. (2) Forward one copy of all proposals the project after the expiration of the (d) Nothing herein shall be interpreted not recommended to the Washington demonstration. to prohibit the demonstration period office,and (4) Provision for the local transporta- from extending beyond the two fiscal (3) Seek the advice and comment of tion needs in a realistic and prudent years for which program funds are regional representatives of other Fed- manner. authorized. eral agencies, including the Depart- (5) Quality of proposed monitoring (e) Each proposal and the associated ments of Health, Education and Wel- and evaluation along with the ability to funding request shall present a fully de- fare; Labor; Agriculture; and Com- modify operations as a result of that veloped demonstration that does not de- merce; and the Office of Economic Op- evaluation. pend on future program funds for portunity,as appropriate. (6) Commitment of other local agen- completion. (d) The Washington office of the ties providing or needing transportation §820.9 Responsibilities. FHWA and UMTA will: services to purchase, share, or use the (1) Make a preliminary selection of one areawide service funded for dem- (a) Each applicant: projects to be funded for FY 1975 from onstration. (1) Shall submit a proposal to the ap- the first-year appropriation of$9.65 mil- (7) Reasonableness and justification propriate State agency except that In- lion and any additional amount should a of estimated demand. dian tribes on Federal or State reserva- supplemental appropriation be enacted, (8) Extent to which the proposal rec- tions may submit proposals directly to and from applications to be submitted in ognizes the transportation needs of eco- the FHWA division office in the State. FY 1976, based upon the program ap- nomically deprived rural people. Twelve (12) copies are requested,and propriation for FY 1976,and (9) Appropriateness of proposed (2) May implement projects under (2) Make a final selection of projects equipment needs, costs, and level of contractual agreements with the State to be funded after considering the results service. agency. of public hearings held for preliminarily (10) Provisions for service to elderly (b) The State agency or Indian tribe selected projects. and handicapped persons. shall: §820.11 Content of applications. (11) Compatibility of system with pos- (1) Forward each proposal received by Each application should include as ap- sible existing supplemental operations, it with comments and recommenda- tions,through the FHWA Division Engi- propriate• e.g.,taxicabs,where the vehicles,drivers, neer to the FHWA regional office. Ten (a) A concise statement of what the radios, and organization are already (10) copies are requested, project is designed to demonstrate and available and can provide feeder service. FEDERAL REGISTER, VOL. 40, NO. 71-FRIDAY, APRIL 11, 1975 • RULES AND REGULATIONS 16303 (12) Extent to which currently oper- ating rural transportation services,man- power, and equipment are utilized. (13) Degree of management capability to administer the grant and to operate a transportation system. (14) Suitability of proposed promotion techniques to reach potential riders. §820.15 Effective utilization by elderly and handicapped persons. All projects must be planned,designed, constructed, and operated to allow effec- tive utilization by elderly or handicapped persons who,by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including those who are non- ambulatory wheelchair-users and those with semiambulatory capabilities, are unable without special facilities or special planning or design to utilize such facili- ties and services effectively. Except for compelling reasons shown, in no case may a project including rolling stock fail to include at least one vehicle which can be effectively utilized by wheelchair- users. §820.17 Submission date. Proposals shall be sent to the appro- priate agency in each State by June 10, 1975. Effective date: April 11,1975. J.E.HIaaEN, Acting Urban Mass Transportation Administrator. NORBERT T.TIh9tANN, Federal Highway Administrator. IF$Doc.75-9503 Filed 4-10-75;8:46 am] FEDERAL REGISTER, VOL. 40, NO. 71—FRIDAY, APRIL 11, 1975