2 CCR 601-13
DEPARTMENT OF TRANSPORTATION Transportation Commission UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION REGULATIONS 2 CCR 601-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ I. STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE The Executive Director of the State of Colorado Department of Highways (CDOH) has proposed new regulations for adoption concerning Uniform Relocation Assistance and Real Property Acquisition ("the regulations") as provided in Sections 24-56-101 through 24-56-121, C.R.S. The specific statutory authority to promulgate these regulations is contained in Section 24-56-108, C.R.S. (1989), (Senate Bill 156).
The general purpose of these regulations is to implement the statutory authority under Section 24-56-101 to 121, C.R.S. (1989) ("the statute"). The statute is based upon the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601-4655) as amended by the Uniform Relocation Act Amendments of 1987, ("the Uniform Act"), and upon the Department of Transportation final federal rules promulgated thereunder at 54 Federal Register 8928, published March 2, 1989, 49 C.F.R. Part 24, ("federal rules").
The Uniform Act and federal rules apply to all federal or federally assisted activities that involve the acquisition of real property or the relocation of displaced persons caused by rehabilitation and demolition activities, including federally assisted public highway programs and projects performed or administered by CDOH or by other state agencies or political subdivisions. The State of Colorado and political subdivisions thereof are required to comply with such federal amendments to remain eligible for federal reimbursement for funds expended for acquisition and relocation expenses. The new regulations are needed to incorporate the amended federal rules.
The Uniform Act and the federal rules were recently amended to increase benefits to owner and tenant occupants of residential dwellings, small businesses, farms and non-profit organizations, and to eliminate unnecessary administrative requirements imposed on state and local agencies. The statute was amended in 1989 to comply with the above federal changes. The statute consolidated the previous authority of CDOH under part 3 of article 1 of title 43, C.R.S. to provide for relocation assistance, with that of the State Department of Local Affairs ("Local Affairs") under the prior version of the statute. As a result, the statute gives CDOH increased authority to provide relocation assistance regarding all highway projects, as well as general rulemaking authority concerning relocation assistance for both highway and non-highway projects. The statute also provides that Local Affairs has authority to administer and implement the Uniform Act, federal rules, and the regulations for relocation assistance for federally assisted non-highway projects. Local Affairs will administer and implement relocation assistance on such projects in accordance with the regulations.
The specific purposes of the regulations are to insure that owners of real property to be acquired for federal and federally assisted projects performed by CDOH and other state agencies and political subdivisions are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and relieve congestion in the courts, to promote public confidence in state, federal, and federally assisted land acquisition programs, and to ensure that persons displaced as a direct result of federal and federally assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefits of the public as a whole.
CDOH chose to incorporate and adopt the federal rules because they adequately and completely provide for and describe the relocation assistance procedure that is necessary to be implemented by the state and all public entities within the state on federally assisted projects in order to be eligible for federal funds. The regulations need to remain consistent with the federal rules to ensure eligibility for federal funds and therefore do not change or expand the criteria of the federal rules. However the regulations do adopt certain exceptions to and clarifications of the federal rules to be consistent with state law and policy. The regulations may also provide such other regulations as CDOH determines are necessary and consistent with the authority under Sections 24-56-101 to 121, C.R.S.. The regulations require all state agencies and political subdivisions engaged in acquisition and relocation for such projects to follow the rules and procedures set forth herein so that every person displaced because of federally aided state or federal programs or projects will be offered a comparable decent, safe, and sanitary dwelling and other eligible expense payments. These regulations will be carried out uniformly for all persons regardless of race, color, religion, sex, or national origin. This is in addition to the requirements that replacement housing must be fair housing open to all persons, and offered to all affected persons regardless of race, color, religion, sex, or national origin. The regulations incorporate and adopt the federal rules, with certain clarifications and exceptions described in the regulations. The reasons and bases for the clarifications and exceptions include:
a. Section 24.2(L). The statute and the regulations designate CDOH as the "lead agency" responsible for coordinating and supervising acquisition and relocations by all state agencies on all such federally funded public highway projects, and Local Affairs as "lead agency" for all non-highway federally assisted programs and projects, as provided in Section 24-56-108(1) and (2). This is in lieu of the Department of Transportation as "lead agency". As the state agency responsible to the Federal Highway Administration for monitoring and administering the use of federal highway funds by any public entity within the state, CDOH must have the authority as the "lead agency" for highway projects to assure that the performance of federally funded relocation assistance by other state agencies on highway projects is consistent with the Uniform Act and the regulations in order to remain eligible for federal funds. CDOH is also responsible for promulgating regulations for both highway and non-highway acquisition and relocation activities. As "lead agency" for non-highway activities, Local Affairs is responsible to federal funding agencies for compliance with the Uniform Act and the regulations on non-highway projects in which federal funds are administered by Local Affairs. In those cases in which federal agencies contract directly with other agencies for non-highway projects, Local Affairs will provide technical assistance to such agencies upon request.
b. Section 24.307. This section is optional under the federal rules. Payment for such costs is already provided under other state and federal laws. Therefore, this section is unnecessary.
c. Section 24.502. Mobile Homes are considered to be real property in Colorado, and are appraised and acquired as real property. Therefore, payment for the cost of moving the mobile home as if it were personal property will not be allowed. Contrary to that provided in Section 24.502 of the federal rules, relocation funds will not be available under the regulations for the cost of moving the mobile home to a different location. Subject to the above exception, the owners and tenant occupants of mobile homes in Colorado are entitled to the moving and related expenses of Section 24.502.
d. Sections 24.601-24.603. Certification is in lieu of the State Agency submitting assurances that the State Agency will comply with the Relocation Act. CDOH has submitted such assurances and they have been accepted and approved by FHWA. Therefore, this section is not applicable. Pursuant to Sections 24-4-103, 43-1-104, and 43-1-106, C.R.S. (1988), the Executive Director and the Chief Engineer of CDOH authorized an administrative law judge to conduct a rulemaking proceeding to consider adoption of the proposed regulations. CDOH published the required Section 24-4-103(3)(a), C.R.S. (1988) notice and invited public comment and participation concerning the proposed regulations. The proposed regulations, the federal rules, the Regulatory Analysis, and this Proposed Statement of Basis, Specific Statutory Authority, and Purpose were made available to the public at least five (5) days prior to the hearing as required by Section 24-4-103(4), C.R.S. (1988). On July 18, 1989, CDOH conducted a public hearing, concerning the proposed rules before an administrative law judge and received submissions, testimony, and evidence from CDOH and other interested parties. CDOH states that each of the five standards required by Section 24-4-103(4)(b), C.R.S. (1988) has been met. The record of this proceeding demonstrates the need for and the benefit to be derived from adopting the new regulations and demonstrates that the regulations need to be conformed with the federal rules and existing Colorado statutes. The record also indicates that the proper statutory authority for the proposed regulations exists in Section 24-56-108, C.R.S. (1989). To the extent practicable, the regulations are clearly and simply stated. The regulations do not conflict with other provisions of law and there is no duplication or overlapping of the information contained in the proposed regulations. The decision by CDOH to conduct rulemaking to adopt the regulations was required by the federal rules concerning relocation assistance, and was also prompted by the need of CDOH to clarify and streamline existing procedures. The regulations will result in economic and other benefits and impacts, which are described in the regulatory analysis prepared pursuant to Section 24-4-103(4.5), C.R.S. (1988) and made part of the rulemaking record.
II. REGULATIONS The regulations hereby adopt and incorporate by this reference, and shall be in accordance with, all provisions of the federal rules published in 54 Federal Register 8928, (March 2, 1989), 49 C.F.R. Part 24, with the following clarifications and exceptions:
1. Section 24.2(L) - LEAD AGENCY - The term "lead agency" is amended to delete "the Department of Transportation acting through the Federal Highway Administration", and to substitute the following language: “State Department of Local Affairs ("Local Affairs") is the lead agency for all federally assisted non-highway programs and projects, and the State of Colorado Department of Highways
As such lead agency, Local Affairs is responsible to federal funding agencies for compliance with the Uniform Act in those cases in which the federal funds are administered by Local Affairs. In those cases in which federal agencies contract directly with other agencies for non-highway projects, Local Affairs will provide technical assistance to such agencies upon request. CDOH is responsible to the Federal Highway Administration for monitoring and administering the use of all federal highway funds by all public entities within the state to assure compliance with all relocation assistance requirements and the continued eligibility of the state for federal highway assistance funds. As such lead agency, CDOH will implement, administer and coordinate all relocation assistance for highway programs and projects as provided in the regulations and the statute. Where CDOH determines that the performance of relocation assistance by a public entity for a highway project is not in compliance with requirements or will jeopardize federal funds, then CDOH may perform that relocation assistance itself or may supervise and direct the performance after complying with the procedure described in the existing agreement for relocation assistance between CDOH and the public entity.
2. Section 24-302 - FIXED PAYMENT FOR MOVING EXPENSES - RESIDENTIAL MOVES - The payment schedule applicable to all state agencies and political subdivisions of the State of Colorado for moving and related expenses is specifically described on line 6 of page 8952 of the federal rules, as follows:
3. Section 24.307 - DISCRETIONARY UTILITY RELOCATION PAYMENTS - This section is excluded from the regulations.
4. Section 24.502 - MOVING AND RELATED EXPENSES - MOBILE HOMES. This section is amended solely to indicate that a displaced owner-occupant of a mobile home shall not be entitled to a payment for the cost of moving the mobile home. The rest of Section
5. Sections 24.601-24.603 - CERTIFICATION - These sections are excluded from the regulations. The regulations do not include later amendments to or editions of the federal rules. The regulations and the federal rules are presently available on file for public inspection during the regular business hours of the State Department of Highways, Staff Right of Way Branch, Relocation Section, Room 297, 4201 East Arkansas Avenue, Denver, Colorado 80222. A certified copy of the regulations and of the federal rules may be obtained or examined by contacting the Supervising Relocation Evaluator, State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. _________________________________________________________________________ Editor’s Notes History