[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.313]

[Page 343-344]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710_RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
                      Subpart C_Project Development
 
Sec. 710.313  Design-build projects.

    (a) In the case of a design-build project, right-of-way must be 
acquired and cleared in accordance with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, as 
amended, and STD right-of-way procedures. The STD shall submit a right-
of-way certification in accordance with 23 CFR 635.309(p) when 
requesting FHWA's authorization. If the right-of-way services are 
included in the Request for Proposal document, the STD shall ensure that 
right-of-way is available prior to the start of physical construction on 
individual properties.
    (b) The decision to advance a right-of-way segment to the 
construction stage shall not impair the safety or in anyway be coercive 
in the context of 49 CFR 24.102(h) with respect to unacquired or 
occupied properties on the same or adjacent segments of project right-
of-way.
    (c) Certain right-of-way acquisition and clearance services may be 
incorporated into the design-build contract if allowed under State law. 
The contract may include language that provides that construction will 
not commence until all property is acquired and relocations have been 
completed; or, the construction could be phased or segmented to allow 
right-of-way activities to be completed on individual properties or a 
group of properties, thereby allowing certification in a manner 
satisfactory to the STD for each phase or segment.
    (d) If the STD elects to include right-of-way services in the 
design-build contract, the following provisions must be addressed in the 
request for proposals document:
    (1)(i) The design-builder must submit written acquisition and 
relocation procedures to the STD for approval prior to commencing right-
of-way activities.

[[Page 344]]

These procedures should contain a prioritized appraisal, acquisition, 
and relocation strategy as well as check points for STD approval, such 
as approval of just compensation, replacement housing payment 
calculations, replacement housing payment and moving cost claims, 
appraisals, administrative and stipulated settlements that exceed 
determined thresholds based on a risk management analysis, etc. STD's 
which have an FHWA approved procedures manual, in accordance with 23 CFR 
710.201(c), may comply with this section by requiring the design-builder 
to execute a certification in its proposal that it has received the 
approved right-of-way manual and will comply with the procedures.
    (ii) The written relocation plan must provide reasonable time frames 
for the orderly relocation of residents and businesses on the project as 
provided at 49 CFR 24.205. It should be understood that these time 
frames will be based on best estimates of the time it will take to 
acquire the right-of-way and relocate families in accordance with 
certain legal requirements and time frames which may not be violated. 
Accordingly, the time frames estimated for right-of-way acquisition will 
not be compressed in the event other necessary actions preceding right-
of-way acquisition miss their assigned due dates.
    (2)(i) The design-builder must establish a project tracking system 
and quality control system. This system must show the appraisal, 
acquisition and relocation status of all parcels.
    (ii) The quality control system may be administered by an 
independent consultant with the necessary expertise in appraisal, 
acquisition and relocation policies and procedures, who can make 
periodic reviews and reports to the design-builder and the STD.
    (3) The STD may consider the establishment of a hold off zone around 
all occupied properties to ensure compliance with right-of-way 
procedures prior to starting construction activities in affected areas. 
The limits of this zone should be established by the STD prior to the 
design-builder entering on the property. There should be no construction 
related activity within the hold off zone until the property is vacated. 
The design-builder must have written notification of vacancy from the 
right-of-way quality control consultant or STD prior to entering the 
hold off zone.
    (4) Adequate access shall be provided to all occupied properties to 
insure emergency and personal vehicle access.
    (5) Utility service must be available to all occupied properties at 
all times prior to and until relocation is completed.
    (6) Open burning should not occur within 305 meters (1,000 feet) of 
an occupied dwelling.
    (7) The STD will provide a right-of-way project manager who will 
serve as the first point of contact for all right-of-way issues.
    (e) If the STD elects to perform all right-of-way services relating 
to the design-build contract, the provisions in Sec. 710.311 will 
apply. The STD will notify potential offerors of the status of all 
right-of-way issues in the request for proposal document.

[67 FR 75935, Dec. 10, 2002]