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I.     Director’s Message............................................................................... 2

II.     Partenerships....................................................................................... 4
                 Federal Agency Update Breaks Attendance Records.................................... 4
                 Interagency Working Group on Transportation, Land Use, and
                        Climate Change................................................................................. 5
                 Update on Improving the Business of Right-of-Way (ROW) Through
                        Technology and Partnerships............................................................. 5
                 The Office of Real Estate Services and the National Transportation
                        Library – Forming a Partnership Through Informational Sharing...... 6
                 American Recovery and Reinvestment Act of 2009 (ARRA)....................... 6

III.   Conferences........................................................................................... 7
                 2009 Federal Agency Update/ Public Real Estate Education
                       Symposium (FAU/PRES).................................................................. 7
                 Accommodating Utilities in Highway Right- of- Way.................................. 8

IV.    Research................................................................................................. 9
       The Surface Transportation Environment and Planning Cooperative Research
             Program (STEP) FY 2009 ............................................................................. 9

V.     Human Interest..................................................................................... 11
       Office of Human Resources and Office of Real Estate Services Partnership for
              Succession Planning ...................................................................................... 11
            Student Career Experience Program (SCEP).................................................... 12
            Reflections at Retirement.................................................................................. 12

XI.    Calendar ................................................................................................ 13

Contributing Editors
Director –                           Gerald Solomon

Managing Editor –                    Carolyn James

Copy Editors –                       Tom White
                                     Dee Gallo
Layout and Design –                  Allen Adon Jr.
Office of Real Estate Services                                                                                    Winter 2009

                                                                                                  While this Newsletter edition is
       Message from the Director -                                     Gerald Solomon             technically being published during
                                                                                                  the winter, once February comes
                                                                                                  to an end, March to me means
                                                     ROW/Utilities international scan on          Spring Training. From that sweet-
  Play Ball Partnerships                             Streamlining and Integrating ROW
  Through Teamwork                                   and Utility Processes
  By Gerry Solomon                                   with Planning,
                                                     Environmental, and
                                                     Design Processes.
                                                     Achieving this
                                                     requires a team
                                                     approach to projects.

                                                     However, as I
                                                     understand that
                                                     th will be various
                                                     articles in this
  Gerry Solomon, FHWA Director of Office of
                                                     Newsletter that
  Real Estate Services, moderated the session on     will offer examples
  Recruitment and Succession Planning/Training and   of teamwork
  Professional Development.
                                                     among partners
  Welcome Back – this is the Winter                  and stakeholders
  Edition of the Office of Real Estate                involved in ROW         International Scan Team Members

  Services Newsletter. Our Editor                    and outdoor advertising
  (my publicist) requested that my                                                                             s
                                                                                                               sounding phrase stems
  comments be consistent with the                                                                              t
                                                                                                               the perennial promise
  theme of this edition – Partnerships                                                                         o
                                                                                                               of the return of the
  through Teamwork.                                                                                            Boys of Summer1. And
                                                                                                               nothing speaks more of
  As Right-of-Way (ROW) staff                                                                                  t
                                                                                                               teamwork than baseball.
  members are keenly aware,
  we constantly emphasize the                                                                                 P
                                                                                                              Perusal of the Sunday
  importance of early and continuous                                                                          B
                                                                                                              Book section of the
  coordination. This applies both                                                                             W
                                                                                                              Washington Post over
  internally with other Federal                                                                               t past couple of
  Highway Administration/State                                                                                m
                                                                                                              months reflects a
  DOT offices and, externally, with                                                                            r
                                                                                                              resurrection of sales
  other transportation partners and                                                                           o Doris Kearns
  stakeholders involved in or impacted                                                                        Goodwin’s Team of
  by the development, operation                                                                               R
                                                                                                              Rivals. However,
                                                     International Scan Team Members
  and maintenance of transportation                                                                           long before historian
  facilities.                                                                                              Goodwin wrote about
                                                                                                           Lincoln’s Team, she wrote
  I cannot overstate the importance                  control, I want to use this opportunity      about teamwork in baseball in
  of this. As those who had an                       to comment on a different type of            her Memoir Wait Till Next Year, a
  opportunity to read my comments in                 teamwork evident throughout the
  the last edition are aware, improving              country (primarily in Florida and            1         In addition to baseball, the
  coordination in project delivery was               Arizona) this time of year.                  reference is to a non-fiction classic by
  an overriding theme in the recent                                                               Roger Kahn (see below) and a song by
                                                                                                  Don Henley
 The Office of Real Estate Services
  Winter 2009                                 Office of Real Estate Services

coming of age story about growing up          •   Boys of Summer, by Roger                   the series (or winning it in
in the 1950s, her relationship with her           Kahn.                                      six following a spectacular
family, and her love of baseball. As a        •   Moneyball, by Michael Lewis.               defensive play by Bill
Dodger fan in a neighborhood divided          •   The Last Best League, by Jim               Buckner who fielded the ball
by loyalties to Dodgers, Yankees, and             Collins.                                   and put out Mookie Wilson
Giants, her team included such greats         •   Bunts: Curt Flood, Camden                  unassisted).
as Jackie Robinson, Roy Campanella,               Yards, Pete Roseand Other
Pee Wee Reese, Duke Snyder, and Gil               Reflections on Baseball, by         How does this relate to acquiring
Hodges.                                           George Will.                       ROW and building highways? One
                                              •   Luckiest Man: The Life and         way is to tie this into the coordinated
Further, Goodwin is not the only                  Death of Lou Gehrig, by            effort through which ROW was
historian to cross and/or recognize               Jonathan Eig.                      acquired for the development and
parallels between government and                                                     construction of the Ted Williams
baseball. Among several books             Moreover, though not included in the       Tunnel. The Tunnel constitutes the
written by David Halberstam on            above list, I recommend for Red Sox        third harbor tunnel under Boston
baseball, are Summer of 49, October       fans who predated 2004 (covering the       Harbor, and was timely opened on
1964, and Teammates. As a youth           several decades from 1919 to 2003)         December 15, 1995, to connect South
growing up in the Boston area in the      Bill (Spaceman) Lee’s book The Little      Boston with Logan Airport, and
1960s and 1970s, to me the Red Sox        Red (Sox) Book: A Revisionist Red          complete the final leg of Interstate 90
epitomized baseball and teamwork.         Sox History. Through use of this type      from Seattle, Washington.
While as a baseball and history fan,      of revisionist license, we can continue
I enjoyed reading Summer of 49,           to believe that                            A broader perspective would
I was disappointed by the ending                                                     suggest that whether we are talking
(New York Yankees overtaking the              •   The Red Sox won the 1967           about baseball or about building
Boston Red Sox for supremacy of                   World Series, defeating the St.    highways (or life itself), it comes
the American League). In his later                Louis Cardinals in the seventh     down to teamwork. In baseball,
book Teammates, a story about the                 game of the series by some
relationship between Johnny Pesky,                miraculous occurrence, the
Dom DiMaggio, Bobby Doerr, and                    bats of Triple Crown winner
Ted Williams, close friends who                   Yaz, and teammates Scott
were members of the Red Sox, there                and Tony C. —(who, in my
were no Yankee villains. The story                revisionist account, was not
occurs as Pesky and DiMaggio                      beaned by Jack Hamilton), —
undertake a 1,300 mile car ride from              came alive to overcome the
Massachusetts to Florida to visit                 deficit and win the game.
    Ted Williams, who lay dying in
    Florida.                                  •   The Red Sox won the 1975
                                                  World Series, defeating
   There are countless other fiction               the Cincinnati Reds in the              Ted Williams Tunnel Opening
   and non-fiction classics that reflect            seventh game of the series
   the accounts of teammates in                   (or winning it in six after the    individual stars cannot do it alone. It
   their collective effort to excel. In           umpire appropriately called        takes 25 players (together with the
   addition to those mentioned above,             interference on Armbrister in      manager and coaching staff) to work
   among my favorites are:                        the third game, and the Sox        cooperatively day after day, in order
                                                  went on to win the game and        to achieve the level of success that
    •   Koufax, by Jane Leavy.                    the Series).                       is strived for. Similarly, in project
    •   A False Spring, by Pat Jordan.                                               development and implementation —
    •   Ball Four, by Jim Bouton and          •   The Red Sox won the 1986           to be able to complete a project on
        Leonard Schecter.                         World Series, defeating the        schedule and within budget, and for
                                                  NY Mets in the 7th game of         the facility to be constructed at the

                                                                                    The Federal Highway Administration
Office of Real Estate Services                                                                               Winter 2009

Newsletter         level of quality projected                                                 The FAU program was orchestrated
                   in the design — there                                                      by a planning group comprised
                   must be coordination                                                       of Federal agencies, utility
                   within and among all                                                       companies, IRWA Executive
                   of the project staffs and                                                  Committee Members, and right-
                   their stakeholders and                                                     of-way consultants. FHWA Realty
                   partners.                                                                  Specialist, Marshall Wainwright,
                                                                                              who played an active role in last
                  With this type of                                                           year’s Public Real Estate Education
  Map of the Ted teamwork and partnering                                                      Symposium, was instrumental in
  Williams Tunnel effort, anything is                                                         planning and presenting several
                  achievable, and it is                                                       of the sessions. Gerald Solomon,
  conceivable that the Red Sox will be                                                        Director, FHWA Office of Real
  playing the Washington Nationals                                                            Estate Services, provided an update
  come game seven this October.                                                               from the agency. Other sessions
                                                                                              included Highway Beautification                                                                      and State Requirements on Effective
                                                                                              Control, presented by former FHWA
                                                                                              Director, Clyde Johnson; and
                                                                                              Accommodating Utilities in Right-of-
                                                                                              Way, led by Rebecca Bennett. David
     Partnerships                                                                             Blakeney, SR/WA, Realty Officer,
                                                                                              Transportation Planner, Arkansas
                                                                                              Division, co-presented the sessions on
  Federal Agency Update                              educational forum offered more than      Relocation and Acquisition Incentives
                                                     30 interactive sessions and featured     and the Uniform Act Update.
  Breaks Attendance Records                          speakers from Federal, State, and        Following the educational event,
                                                     local agencies.                          IRWA conducted an online
                                                                                              survey among participants, who
                                                     “This annual event provides the ideal    overwhelmingly rated the event
                                                     venue to engage one-on-one with          as either exceeding or meeting
                                                     our Federal partners, and we are very    expectations. More than 90 percent
                                                     appreciative of the continued support    said they are likely to attend next
                                                     provided by the FHWA,” said IRWA         year, and nearly all respondents
                                                     International President Faith Roland,    would recommend this event to other
                                                     SR/WA. “We would also like to            professionals.
                                                     acknowledge the contributions of
                                                     Gerry Solomon, as his collaborative      Next year’s event will take
  Gerald Solomon, Marshall Wainwright and
  Maggie Duncan-Augustt met with right-of-way        leadership style has gone a long way     place January 26-28, 2010,
  professionals during the peer-to-peer networking   in ensuring our mutual success.”         at the Flamingo Hotel,in Las
                                                                                              Vegas, Nevada. To view all the
  Participation topped 400 as the                    The informal workshop format             photos and see the full roster of
  Federal Highway Administration                     enabled participants to interact with    participants, please visit
  (FHWA) partnered with the                          Federal, State, and local government
  International Right of Way                         representatives; and hear updates from
  Association (IRWA) and the Appraisal               the FHWA, Department of Housing &        Mark Rieck
  Institute to present the 2009 Federal              Urban Development, Federal Transit
  Agency Update (FAU). Held In                       Administration, Federal Aviation         (See related article on page 7)
  January at the Flamingo Hotel                      Administration, U.S. Army Corps
  in Las Vegas, Nevada, the 3 day                    of Engineers, and Bureau of Land
                                                     Management to name a few.
 The Office of Real Estate Services
  Winter 2009                                 Office of Real Estate Services

Interagency Working Group                    •   U.S. Army Corps of                Update on Improving
on Transportation, Land                                                            the Business of Right-of-
Use, and Climate Change                  Working Group Activities
                                                                                   Way (ROW) Through
                                                                                   Technology and
Following an interagency meeting         From July to November 2008, the
held in June 2008 to discuss agencies’   interagency working group met             Partnerships
interest in exploring partnership        four times. Over the course of the        By Kathleen Hancock
opportunities to address greenhouse      four meetings, the working group’s
gas (GHG) emissions from                 activities focused on identifying the     Web-based applications, geographic
transportation sources, 13 Federal       following information:                    information systems (GIS), and
agencies formed an interagency                                                     enterprise-wide data sharing have
                                             •   Existing activities within and    provided the necessary tools for
working group on transportation,                 across agencies;
land use, and climate change. The                                                  enhancing business activities,
                                             •   Possible changes to the           particularly in transportation agencies.
working group’s mission was to align             existing activities to help
Federal programs and resources to                                                  Funded through the National
                                                 support the goal of reducing      Cooperative Highway Research
support stakeholders in achieving                VMT and reducing growth in
GHG reductions through land use                                                    Program (NCHRP), Virginia Tech’s
                                                 GHG emissions; and,               Center for Geospatial Information
and transportation decisions resulting       •   New actions agencies can take
in reduced vehicle miles traveled                                                  Technology (CGIT) has developed
                                                 to reach the goal of reducing     a logical model for a geospatially-
(VMT) of cars and trucks. In addition,           VMT and GHG emissions.
a sub-group of land management                                                     enabled information management
agencies was formed to discuss means                                               system for State transportation agency
                                         As a result of these activities, the      ROW offices (NCHRP 8-55A);
to reduce GHG outside of VMT             working group has identified several
reductions. The long-term goal for                                        
                                         themes where Federal agencies can         ProjectDisplay.asp?ProjectID=2326).
the working group is to develop a        align efforts in order to facilitate
preliminary interagency action plan      a reduction in VMT and GHG
including legislative, regulatory, and                                             The result of this project will be
                                         emissions. The themes include:            a comprehensive framework that
policy recommendations to reduce
VMT and GHG emissions.                                                             ROW offices can use to build or
                                             •   Integrated Regional Planning,;    expand an information management
                                             •   Intermodal Gateway Mobility       system which incorporates GIS.
Agencies participating in the working            Planning;
group include:                                                                     Implementation of this system would
                                             •   Green Grid Energy Systems;        increase the accessibility of ROW
                                                 and,                              information improving partnerships
    •   Bureau of Land Management            •   Sustainable Carbon Reserve.
    •   Department of Energy                                                       with other transportation offices,
    •   Department of Housing and                                                  Federal Highway Administration, and
                                         Over the next several months, the         the public.
        Urban Development                working group will develop an
    •   Department of Interior           interagency action plan to identify
    •   Department of Transportation                                               Specifically, the framework focuses
                                         priority recommendations. The group       on appraisal, acquisition, relocation,
    •   Environmental Protection         and its member agency managers will
        Agency                                                                     and property-management functions
                                         meet again in the spring to discuss       necessary for managing and
    •   Fish and Wildlife Service        these priorities and future action.
    •   Forest Service                                                             programming activities related to
    •   National Oceanic and                                                       the acquisition of ROW parcels and
        Atmospheric Administration                   management of excess properties.
    •   National Park Service                                                      The underlying model has been
    •   National Resources                                                         completed and we are starting the
        Conservation Service                                                       evaluation phase of the project. We
    •   U.S. Army                                                                  will visit several States to discuss how
                                                                                   they might implement the framework
                                                                                  The Federal Highway Administration
Office of Real Estate Services                                                                       Winter 2009

  either in total or by adding GIS          facilitated via the Electronic Journal      As everyone is aware, The American
  capabilities to an existing information   Database link on NTL’s website at           Recovery and Reinvestment Act of
  management system. Based on             2009 (Public Law 111-5) was enacted
  their input, we will then develop         html. Articles can be read, saved,          on February 17, 2009. This Act
  implementation guidelines to assist       printed, and emailed to others.             provides significant new funding for
  States with building a system on the                                                  transportation infrastructure. The
  framework that we developed.              As a special service to the ORES            ARRA will be the subject at various
                                            staff, NTL has set up an informational      forums around the country including
  Anticipated completion of this            search that will be run biweekly in         the AASHTO ROW/Utility Annual
  project is March 2010. For additional     order to gather news stories on current     Conference at Oklahoma City in
  information, contact Kathleen             right- of -way issues around the            April 2009. Given that new
  Hancock at:                               country.                                    information on implementation of or (703) 518-2718.                                                    this law continues to emerge, the best
                                            An interesting aspect of the search         approach to keep our partners and
  The Office of Real Estate                  results is that the stories are collected   stakeholders apprised is to provide
                                            from the local and regional sources         extensive details by identifying
  Services and the National                 pertinent to the story. For example,        resources available at FHWA and
  Transportation Library                    the first search conducted included          elsewhere that will be updated on a
                                            stories from the Omaha World-Herald,        regular basis.
  – Forming a Partnership                   Winston-Salem Journal, Florida
  Through Informational                     Keys Keynoter, and other regional           FHWA has established a web page
  Sharing                                   publications. These articles provide        which includes important information
                                            firsthand, local, and current coverage       in implementing projects with ARRA
                                            of specific right-of -way issues.            funding. The web page is accessible
  On February 4, 2009 the National
                                            The biweekly search results will be         at
  Transportation Library (NTL) held the
                                            collected into a single document            economicrecovery/index.htm
  fourth of our quarterly information
                                            and made available to any interested
  sessions. These sessions highlight
                                            ORES staff member. If you’d like            Examples of information available on
  some of the many library resources
                                            to receive this document, place your        the web page include:
  available to the United States
                                            request through email at library@dot.
  Department of Transportation (DOT)
                                            gov or contact us by telephone at 202-      •   ARRA Implementing Guidance
  staff. That morning, the biggest share
                                            366-0746 and you will be placed on          •   Apportionment of Highway
  of the attending audience, by far, was
                                            the mailing list.                               Infrastructure Investment Funds
  Federal Highway Administration’s
                                                                                        •   Section 1511 Certificates
  Office of Real Estate Services
                                                            •   Risk Management Memorandum
  (ORES). Thank you very much for
                                                                                        •   Summary of ARRA Provisions
  attending and contributing to the
                                            American Recovery and                           for FHWA
  session’s success.
                                                                                        •   Questions & Answers
                                            Reinvestment Act of 2009                    •   Actions That Can Be Taken To
  According to the feedback that
                                            (ARRA)                                          Expedite Economic Recovery
  NTL received after the session, the
  electronic journal service offered
                                                                                        •   Opportunities and Additional
  through EbscoHost was of particular
  interest to ORES staff. EbscoHost                                                         Resources
  provides full text access to over 3000                                                •   Work Zone Considerations
  business and academic publications,
  over half of which are peer-reviewed                                                   As projects funded by ARRA
  journals. This service is available at                                                must comply with the Uniform
  the desktop of all DOT Headquarters                                                   Act, the website contains
  staff and from any terminal inside                                                    information responding to certain
  the DOT firewall. Access is best                                                       acquisition / relocation questions.
 The Office of Real Estate Services
Winter 2009                                          Office of Real Estate Services

We also have been asked questions                 Budget website, and is accessible at      Agencies and Right-of-Way Program
that may arise in connection with                   stakeholders promotes professional
activities receiving ARRA funds                   assets/memoranda_fy2009/m09-10.           development events such as the FAU/
projects, but are equally applicable              pdf                                       PRES, and is just one way
to all Title 23 eligible recieving                                                          that FHWA is upholding this
ARRA funds. If there are questions      
in the FHWA Division Realty offices,                                                         The involvement of the ORES staff
please contact your Office of Real                                                           in planning the FAU/PRES and
Estate Point of Contact.                                                                    their sponsorship of the conference
                                                                                            contributed tremendously to its
Further, additional guidance –                                                              success. There were 38 Educational
“Initial Implementing Guidance                                                              Sessions held during the conference
for the American Recovery and                                                               and ORES and Field Staff were
Reinvestment Act of 2009” is located                                                        involved in 20 percent of these.
at the Office of Management and                                                              FHWA’s influence in the success of
                                                                                            the conference was also recognized
                                                                                            through attendance and participation
                                                                                            of its current and former employees.
                                                                                            The FAU/PRES was attended by
2009 Federal Agency                                   1) The Federal Highway                representatives from various public
                                                          Administration-Office              and private organizations including
Update/ Public Real Estate                                of Real Estate Services           towns and cities with part-time
Education Symposium                                       (FHWA-ORES) functions             staffs, large municipalities and states,
                                                          as the Lead Agency in             independent real estate appraisers,
(FAU/PRES)                                                                                  and representatives of multidiscipline
                                                          administering the Uniform
By David Blakeney                                         Act and demonstrates              companies. The professional
                                                          leadership through                atmosphere of the event supported
                                                          continuous professional           an environment which allowed an
                                                          development,                      exchange of topics and ideas, as well
                                                                                            as promoted networking between
                                                      2) Professional relationships         attendees.
                                                          between Right-of-Way
                                                          practitioners are first class,     In 2007, the Federal Agency Update
                                                                                            and Uniform Act Symposium were
                                                      3) Organizational leadership is       combined into one event, which
 David Blakeney, SR/WA, Division Realty
 Officer/Transportation Planner in the Arkansas           provided by stakeholders           resulted in the formation of the
 Division, co-presented the Uniform Act Update.          involved in Right-of-Way           FAU/PRES. The first 2 years of its
 I was among the 412 Right-of-Way                        and their winning attitudes        inception, these events were held in
 Professionals who traveled to Las                       assure success.                    Addison, Texas. Scheduling the two
 Vegas, Nevada, during January                                                              events together at an inland location
 and attended the 2009 Federal                    With more than two decades of             promoted attendance to a larger
 Agency Update/Public Real Estate                 experience as the Lead Federal            group of Right-of-Way Professionals
 Education Symposium. From my                     Agency for the Uniform Act,               and provided an opportunity to
 perspective, the three keys to this              FHWA,-ORES continues with                 link these two Federal inspired
 event were:                                      the responsibility delegated to           agendas. The event was structured
                                                  it by Congress. FHWA-ORES                 to allow federal agencies to provide
                                                  involvement with other Federal            informational and educational

                                                                                          The Federal Highway Administration
Office of Real Estate Services                                                                        Winter 2009

  sessions for single agency updates and      overview of the utility program’s         the State chooses. Each State’s
  to allow for multi-Agency briefings.         history and related legislation,          procedures are contained in the
                                              regulation, policy, guidance, emerging    Federally-approved accommodation
  The success of the 2009 FAU/PRES,           issues, challenges, initiatives and       policies. The FHWA’s 2003 Utility
  with its record attendance, is a            opportunities. Initially, the building    Relocation and Accommodation
  credit to FHWA and its involvement          of the Interstate led to the practice     “Program Guide” is available on
  with the other federal agencies,            of using highway funding to               our website. This guidance expands
  Professional Associations, and the          reimburse utilities for relocation and    on the Federal utility regulations
  many stakeholders of the Right-of-          adjustment costs. Federal regulations     in 23 CFR 645 and provides non-
  Way Profession.                             dealing with utility relocations and      regulatory guidance for using
                                              accommodations have evolved over          Federal-aid funds for relocation and                 the past 50 years, with many policies     adjustment of utility facilities, and for
                                              and procedures remaining unchanged.       accommodating utility facilities on
                                                                                        highway ROW.
                                              Current federal laws on utilities
  Accommodating Utilities in                  are found in 23 U.S.C. 123 and            There are several merging issues and
  Highway Right- of- Way                      109. Section 123, Relocation of           challenges regarding the longitudinal
                                              Facilities, addresses public, private     use of the ROW. There is increasing
  By Becky Bennett                            and cooperatives utilities and explains   interest in providing renewable energy
  Nevada Division Right of                    when Federal funds can be used            facilities, such as wind turbines and
                                              to reimburse a State Department           solar panels. Several State DOTs
  Way Program Manager                         of Transportation. It explains that       have received proposals to install
                                              Federal funds can be used for utilities   high-voltage direct current electric
  As a follow up to Jeff “Jay Z”              as long as no State laws are violated;    transmission lines along highway
  Zaharewicz’s participation in the           legal contracts between state and         ROW to address the need to increase
  FHWA International Scan and his             utility companies are not violated;       capacity to meet growing demands for
  article in the Fall Edition of the Office    and sufficient reimbursement               electricity. A guidance memorandum
  of Real Estate Services Newsletter,         evidence is provided. The Code            is being developed to address the
  Jeff prepared a presentation for            of Federal Regulations (CFR) on           applicability of 23 CFR 645 or 23
  the Federal Agency Update (FAU)             utilities is contained in 23 CFR, Part    CFR 710 on utility accommodation.
  Conference in Las Vegas, Nevada,            645, Subparts A and B. Subpart            It is intended to emphasize the
  on January 13, 2009. Due to a               A addresses utility relocations,          State’s definition of “utility” and will
  scheduling conflict, I gave his              adjustments, and reimbursement.           encourage proactive, collaborative
  presentation. Those of us in right-of-      Subpart B, primarily addresses            FHWA and State review.
  way (ROW) recognize that it is in the       the general requirements of safety,
  public interest for utility facilities to   uniform policy and procedures,            Update on 2008 International
  jointly use the ROW of public roads         private lines, scenic areas, wetlands,    ROW and Utilities Scan
  when the use and occupancy does not         joint use agreements, traffic control       Major challenges in project
  adversely affect highway safety, or         plans, corrective measures, utility       delivery arise when we strive to
  otherwise impair the highway or its         accommodation policies, use and           avoid construction delay due to
  aesthetic quality, and does not conflict     occupancy agreements, and the             utilities. These challenges are
  with the provision of Federal, State        Federal approval process.                 leading to great opportunities
  or local laws and regulations. The                                                    and initiatives to improve project
  opportunity for joint use avoids the        Each state exercises discretion           delivery and make more efficient
  additional cost of acquiring separate       regarding terms and conditions for        the ROW and utility activities for
  ROW for the accommodation of                accommodating utilities in the right-     each project.
  utilities. As a result, the ROW of          of-way. One state may permit certain
  highways is often used to provide           utilities and exclude others. Fees        As reported in the last edition
  public services to abutting residents.      charged for utility use are established   of this newsletter, the FHWA
                                              by the State and may be used as           International ROW and Utilities
  The presentation included an

 The Office of Real Estate Services
  Winter 2009                                   Office of Real Estate Services

Scan team traveled to Canada and            implementation. The report will be           For more information contact
Australia in September 2008, to             posted on the FHWA International             Jeff Zaharewicz, FHWA Value
explore innovative practices which          Programs Website                             Engineering & Utility Program
the host countries utilize to better .         Manager, at Jeffrey.Zaharewicz@
integrate ROW and utility processes         For additional information on utility and Becky Bennett at
with planning, environmental analysis       accommodation go to:               
and design. The scan team observed
and noted several successful practices      programadmin/utility.cfm and
that warrant further exploration in         the American State Highway
the United States. The following is         and Transportation Officials,
just a sampling of the key ideas for        Subcommittee on Right of Way and
implementation:                             Utilities website: http://rightofway.
    •   Using innovative contracting
        approaches that focus strongly
        on project performances
        and outcomes that actively
        integrate ROW activities and
        involve utility interests as key
        stakeholders in the project;           Research
    •   Establishing methods to
        increase the proficiency of
        ROW and utility professionals                                                    requirements of Federal–aid ROW
        in their core disciplines;          The Surface Transportation                   programs.
    •   Promoting the use                   Environment and Planning
        of incentive-based                                                               The Office of Real Estate Services also
        reimbursement for utility
                                            Cooperative Research                         develops and promulgates regulations,
        relocations to facilitate earlier   Program (STEP) FY 2009                       policies, and guidelines which
        completion of these critical                                                     implement the Outdoor Advertising
        activities;                                                                      Control Program as required by the
    •   Promoting the use of                Outdoor Advertising                          Highway Beautification Act of 1965
        multiple-level Memoranda            Control/ Realty Program                      (HBA).
        of Understanding between            Management
        transportation agencies and                                                      The Office of Real Estate Services
        utility interests in order to                                                    has made substantial investments
        improve communication and           The Office of Real Estate Services            in developing methods, tools, and
        foster closer cooperation;          is a vital component of the Federal          techniques to improve the quality
    •   Promoting the use of                Highway Administration (FHWA)                of service which we provide to our
        best practices in utility           with government-wide responsibility          internal and external partners and
        coordination during the             for stewardship of the Uniform               customers. The following information
        construction phase in order         Relocation Assistance and Real               relates to our (FY 2009) STEP
        to minimize the risk of             Property Acquisition Policies Act.           Research Initiatives:
        construction claims and time        We, as an organization, develop and
        delays.                             implement regulations, policies,
                                            and guidance to ensure that those
                                            individuals and businesses affected by       PROJECT TITLE: Support
   When finalized, the 2008
   International Scan report will           our program receive constitutionally         of Stakeholder and Partner
   provide greater detail regarding         required just compensation and               Outreach and Informational
   these and other initiatives              equitable treatment as it applies to the     Dissemination Programs
   and strategies targeted for

                                                                                       The Federal Highway Administration
Office of Real Estate Services                                                                     Winter 2009

  The Office of Real Estate Services           Results will be shared as best          PROJECT TITLE: Development
  sponsors and participates in                management practices, guides, and       of a ROW Competency Navigator
  workshops, training, outreach               visualization/ROW data elements, as     and Capacity Building and Training
  programs, expert panels, and peer           well as technology and tools that can   Curriculum Clearinghouse
  reviews which promote transportation        be used by other State DOTs.            provided on the Federal Highway
  research and also seek to improve                                                   Administration Website
  and provide tools to advance the            Project Contact:
  implementation and administration 
  of the Federal-aid ROW Program and                  As part of the on-going Office of
  its implementing regulations which                                                  Real Estate Services (HEPR) effort to
  included 49 CFR, Part 24 and (23                                                    identify training resources for ROW
                                              PROJECT TITLE: ROW,
  CFR) Part 710. Our involvement                                                      and Outdoor Advertising Control
  provides an opportunity to promote          Design-Build, and Acquisition           functions and facilitate development,
  innovative information sharing              Models                                  this project will build capacity
  among practitioners who implement                                                   and core competencies through a
  the Federal-aid program and carry           States are increasingly using design
                                                                                      Competency Navigator Tool. The
  out activities in compliance with           build contracting to develop and
                                              construct projects. Research will       Navigator developed will serve as
  Uniform Act requirements. Partnering
                                              be conducted to identify the various    a resource or “clearinghouse” for
  with stakeholders and supporting
  these outreach activities provide           methods States have used for            our partners, internal and external
  opportunities to reach larger groups        ROW acquisition and relocation          customers, and consultants to
  of audiences who have a vested and          in design-build contracting. This       define and meet core competency
  direct interest in research as it relates   research will evaluate the need for     requirements and locate training
  to the Federal-aid ROW Program,             regulatory change to 23 CFR, 710.       opportunities and resources. It will
  the Uniform Act and other real estate       Information from the research will      also serve to inform other FHWA
  programs.                                   be used to assess the effectiveness     offices about the many disciplines
                                              of 23 CFR, 710.313 which covers
                                                                                      within the ROW profession and
  Project Contact:                            design-build projects and ROW
                                              acquisition. Previous design-build      increase the understanding and
                                              ROW research was completed in 2000      relevance of HEPR within the Office
                                              when the traditional approach was       of Environment and Planning and
  PROJECT TITLE: Integrating
                                              in use, whereby ROW was acquired        FHWA. An enhanced understanding
  Visualization Technologies into
                                              by the agency (or its contractor),      of the numerous complex programs
  the Right-of-Way Processes                  and provided to the design-build        administered under ROW will
                                              contractor.                             not only promote transportation
  Research efforts will include a scan
                                                                                      professional capacity-building,
  conducted with the Divisions and            The research will look at new
  State DOTs in order to determine the                                                but also increase the junctures at
                                              “alliance” type contracting methods
  extent to which they are currently                                                  which ROW expertise and input
                                              where a team is formed early and
  using visualization technology, the         includes a focus on collaboration       is sought earlier during project
  type of hardware and software being         during the project development and      development, thereby enhancing
  utilized, and the most commonly             design process. Information obtained    the transportation decision-making
  used visualization products. The            will be used to develop lessons         process.
  recent international scan on                learned and best practices.
  integrating ROW and utilities into
  project development identifies                                                       Project Contact:
                                              Project Contact:
  various visualization techniques that   
  have been implemented effectively 

 The Office of Real Estate Services
 Winter 2009                                  Office of Real Estate Services

                                          evaluating their potential risk to        Working together in a partnership
Assistance Retrospective Study            safety. The study’s primary focus         maximizes strengths in a program
                                          is the effect of CEVMS on driver          area or project. In support of the
The purpose of this research is to:       behavior.                                 agency’s mission and vision, the
                                                                                    Office of Human Resources strives
        Perform an in-depth               The report of the first phase of this      to hire and develop employees to
        retrospective survey of the       research project undertaken by the        support our long term goals and
        actual costs that business        FHWA is posted to the FHWA home           objectives. The Office of Real
        incur as a result of being        page at:         Estate Services and the Office of
        required to relocate,             realestate/out_ad.htm .                   Human Resources established a
        Determine the percentage                                                    partnership over the last few years
        of businesses that remain         The second phase is underway with         through Student Outreach and Career
        in operation for at least two     an extensive search for two sites to      Entry Programs. Participants in the
        years after their relocation,     conduct the field data. It is expected     Professional Development Program
        Identify the types of benefits     that the sites will be selected during    (PDP), Student Career Experience
        and services that relocated       spring of 2009. It is anticipated that    Program (SCEP), Student Temporary
        business as believe will best     field studies will be initiated this       Experience Program (STEP) and the
        ensure a successful business      summer and the results of the study       Summer Transportation Internship
        relocation,                       compiled by the end of 2009.              for Diverse Groups (STIPDG) have
        Survey and document                                                         worked in the office and provided the
        the statutory benefit              FHWA will analyze the results of          means to create an internal pipeline
        enhancements States have          this study to identify subsequent         for succession planning. Through
        enacted to:                       guidance, regulatory changes, or          on the job experience, students have
        document costs associated         suggested legislative proposals to        opporunities to contribute to program
        with the enhanced benefits         react to the findings of this report.      office projects in a professional
        determine, through interviews                                               enviroment and apply knowledge
        with business of, the effect of   Project Contact:                          gained through their formal
        the enhanced benefits; and                     classroom education.
        Develop quantitative and          catherine.o’
        qualitative data which can be                                               The Office of Real Estate Services
        used to assess the adequacy                                                 has become an advocate and
        of benefit levels established                                                proponent of these programs and
        in the Uniform Act.                                                         has therefore accepted several
                                                                                    individuals from the various
  Project Contact:
                                           Human Interest                           programs. Participants are assigned
                                                                                    a mentor and provided with training
                                                                                    and developmental experiences which
                                                                                    relate to the realty program area.
                                          Office of Human Resources                  The Office of Real Estate Services
  PROJECT TITLE:                                                                    has been successful in utilizing this
  Commercial Electronic                   and Office of Real Estate
                                                                                    format as a means of recruiting
  Variable Message Sign                   Services Partnership for                  college students and early career
  (CEVMS)and Driver Attention             Succession Planning                       entry personnel into the Right of Way
  The scope of the study of CEVMS         Collaboration is one of the key values
  on driver attention includes            our agency supports and promotes.

                                                                                   The Federal Highway Administration
Office of Real Estate Services                                                                    Winter 2009

  Students can be hired throughout the
  year. For more information about        she served as an intern in the Federal    in FHWA, and gathering information
  Student Educational Employment          Transit Administration (FTA) Office        from State regulations in regards to
  Programs, please contact the Student    of Research Management as part of         Outdoor Advertising.
  Outreach and Career Entry Program       the FTA sponsored Conference of
  Group at 202-366-0512.                  Minority Transportation Officials’         After the SCEP program, Lucy
                                          Careers in Transportation for Youth       will become a participant of the                       internship program. She assisted          Professional Development Program
                                          in planning conferences and events        (PDP) in which she will be assigned
                                          such as the International Accessibility   to a sponsoring office for 24 months.
                                          Roundtable held in September 2008         During the duration of the program,
                                          and the bilateral meetings with the       she will be able to participate in three
                                          Japanese Government held in October       major components of the program,
                                          2008 in San Diego, CA, as part of         which are On-the-Job Training,
                                          the American Public Transportation        Developmental Assignments, and a
                                          Association Annual meeting and            Professional Development Academy.
                                          EXPO.                                     PDP will be able to provide her with
                                                                                    essential skills and experience, which
                                          Upon her arrival, Lucy experienced        she will be able to apply in her future
  Lucy Marius                             a smooth and efficient transition.         career in transportation.
                                          She received the necessary tools
                                          that enabled her to have the proper
  Student Career Experience               training needed to understand the role
  Program (SCEP)                          of the HEPR Office in the Federal
                                          Highway Administration (FHWA).            Reflections at Retirement
  Our most recent student, who was        Part of her learning experience           By Cecil Vick
  assigned to the Office of Real Estate    entailed taking training courses
  Services through SCEP, is Lucy          through the National Highway              By the time
  Marius. She graduated from the          Institue (NHI) and Electronic             you read
  University of Maryland, College         Learning Management Systyem               this, I will be
  Park, majoring in Spanish with a        (eLMS), assisting with projects in        retired,
  concentration in Business and also      different service areas of HEPR,          although I
  plans to pursue an MBA. While           completing assignments that fulfill        will probably
  at the University of Maryland, she      her HEPR interests, and attending         continue to
  was a member of the Academic                                                      work in the
                                          various meetings and events. Though
  Achievement Program, Smith              most of her training was based on         field            Cecil Vick
  Undergraduate Student Association,      Real Estate Acquisition under the         somewhere.
  Business Ethics Society, and the Boys   Uniform Act, she has been able to         You may see me again. I certainly
  and Girls Club of Greater Washington.   learn about Environmental Justice,        hope so. With almost 40 years
                                          Outdoor Advertising Control, and the      as a Governmental Real Estate
  While attending college, Lucy was       Highway Beautification Act. Some of        and Environmental Specialist,
  able to become a part of SCEP as        her assignments included formulating      I’ve been asked to look back and
  a Student Trainee for the Office of      a proposal for a Real Estate Exchange     reminisce about where we’ve
  Real Estate Services (HEPR). Before     Discussion, assisting with the            been.
  she entered the SCEP program in         development of an HEPR Survey to
                                                                                    I started in this business in 1970
  September 2008,                         understand the relevancy of HEPR          just as the Uniform Act
 The Office of Real Estate Services
Winter 2009                                  Office of Real Estate Services

                                                                                    My generation learned from the first,
and National Environmental Policy         I have photographs from classes I         but came to understand that the States
Act (NEPA) came into being.               have taken over the years. Most of        have matured. We learned that we
Initially, I was placed into Relocation   the people in those photographs have      are not here to police them, but to
Assistance, because the old hard-line     retired, and many of them are no          partner with them, and we adjusted
appraisers who ran things saw it as a     longer with us at all. I knew most        our views accordingly. Most of us
“socialistic giveaway program” and        of them, and I knew some of them          are gone now too. Of the few left, I
wanted nothing to do with it.             very well. Each person I knew was         say, value them. They have a world
                                          an intelligent, caring, hardworking       of knowledge, and they can be a great
NEPA was thought to be so                 professional. The most satisfying part    help as mentors to those of you in
unimportant that only FHWA                of my career was working with them,       the third generation who are going
Division Administrator Emery Shaw         and there are many I wish I could sit     to take the Agency into the future. I
and I, a 21 year old right-of-way         and talk with for an hour again.          do not know how things will go for
trainee with the Mississippi DOT,                                                   you in the future, but I predict they
represented Mississippi at the first       My generation’s call to service came      will always change and that they will
FHWA Region 4 NEPA conference.            from President John F. Kennedy, and       always change, for the best.
The relationship I developed with         today’s young people are listening to
Division Administrator Emery Shaw         that call from our new President. I
at that conference is what led to my      hope they answer the call and that it
selection as a Realty Specialist with     rewards them as much as I have been
FHWA.                                     rewarded.

In retrospect, I am very happy to         I am of the second generation
know that those two programs, that        of the modern FHWA real estate
fed me for 35 years and satisfied          professionals. The first generation
my yearnings to serve my Country,         came in to dispel the corruption
are now seen as essential to the          uncovered by the Blatnik Hearings,
development of transportation             and the second generation served as
programs in the 21st Century.             the Realty Specialists to the first’s
Everyone now agrees that we could         Division Right-of-Way Officers.
not build projects without them.          Those people excelled at what they
                                          did. They could dissect an appraisal
The thing I will always remember          like a surgeon with a scalpel. There
most about FHWA is the people. I          was never a penny overpaid that
am firmly convinced that they are and      they did not catch and demand to be
 have been the best professionals in      returned to the Federal-aid coffers.
 government. I came to FHWA after         They began retiring about 15 years
 four years as a Realty Specialist        ago and are all but gone now.
 with the U.S. Postal Service. Their
 Realty Specialists were good, very
 good, but I aspired to work with the
 best. I was active in the Memphis           Calendar
 Chapter of the Association of
 Federal Appraisers, and people
 from all agencies represented there
 agreed that the Realty Specialists at    Please visit this link for all the latest information regarding up and
 FHWA were the best of the best. It       coming events.
 took awhile to find an opening, but
 finally I applied and became one. It
 was a great decision.

                                                                                  The Federal Highway Administration

Description: Real Estate Office document sample