# Presentation: 411583

## NATIONAL FHWA ENVIRONMENTAL CONFERENCE2008

**INTEGRATING THE RIGHT OF WAY AND ENVIRONMENTAL PROCESSES**

## WHY INTEGRATE THE ROW ANDNEPA PROCESSES

- Compatible With The National Movement To Integrate Planning And Environment
- ROW Professionals Have Special Skills And Tools To Address Needs Of People Directly Effected By Projects
- ROW Professionals Have A Unique Perspective Of Affected Communities
- ROW Professionals Are A Key To Accurate Cost Estimation
- ROW Professionals Understand Environmental Justice
- ROW Professionals Are Critical To Effective Mitigation

## POTENTIAL RESULTS OF INTEGRATION

- A Streamlined NEPA Process That Saves Time And Money
- Effective Context Sensitive Solutions
- Improved Alignment Selection And Refinement
- Accurate Cost Estimates During Planning And During The NEPA Process
- Mitigation Of Direct Impacts Beyond What Is Available Under Normal Right Of Way Procedures

## The 91st Congress

- The Uniform Relocation Assistance & Real Properties Act Purpose:
- To provide for _uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs_ and to establish _uniform_ and equitable land acquisition policies for Federal and federally assisted programs

## The 91st Congress

- The National Environmental Policies Act (NEPA) Purpose:
- To declare a national policy which will _encourage productive and enjoyable harmony between man and his environment_; to promote efforts which will prevent or eliminate damage to the environment and the biosphere and _stimulate the health and welfare of man_; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality

## Slide 6

## Slide 7

## MITIGATION FOR WETLANDS AND ECOSYSTEMS

## ROW AND WETLANDS MITIGATION

- Right Of Way Professionals Working With Wetlands Banking May Not Seem Compatible – 			But They Are
- ROW Officials Are Familiar With The Local Territory And Wetland Areas Around The State
- They Know How To Appraise Land Values
- They May Have Contacts That Environmental Personnel Do Not Know About – Realty Personnel In Other Agencies

## ROW AND WETLANDS MITIGATION

- ROW Has The Legal Staff In Place To Provide Advise On Any Agreements, Proper Conveyance Of Real Property
- They Are Staffed With Skilled Negotiators Which May Be Helpful In Potential Adverse But Critical Acquisitions
- ROW May Have An Established Relationship With The Landowner Created From A Prior Project

## IMPLEMENTAION OF106 AND 4 (f)

**Before**

**After**

## MITIGATION FOR THE LOSS OF IMPORTANT COMMUNITY FACILITIES

- The 91st Congress Established The *Uniform Act* As Mitigation For Disproportionate ROW Impacts
- It Makes Homeowners And Residential Tenants Whole
- The Benefits Provided For Businesses And ESPECIALLY Non-Profit Organizations Can Be Inadequate
- Often Important Community Facilities And Services Cannot Be Restored Through Normal Right Of Way Benefits Alone

## MITIGATION THROUGH THE NEPA PROCESS CAN OFTEN MAKE A GREAT DIFFERENCE

- Allows An Agency To Exceed The Benefits Provided By The Uniform Act
- Additional Benefits Are Environmental Mitigation – Not Right Of Way Actions
- Important Community Facilities Can Be Re-Established
- Context Sensitive Solutions Can Be Implemented

## FUNCTIONAL REPLACEMENT REPLACES “PUBLICLY OWNED” COMMUNITY FACILITIES

## IMPORTANT COMMUNITY NON-PROFIT SERVICE PROVIDERS

## CHURCHES CAN BE A CULTURAL FOCUS FOR SOME COMMUNITIES

## SAINT JAMES BAPTIST CHURCH, GULFPORT, MS

## WHAT ABOUT BUSINESSES ?

## WHAT MISSISSIPPI HAS DONE ALREADY

- Staffed The Environmental Division With Two Very Experienced Right Of Way Specialists
- Write And Review ROW And Community Impact Sections Of NEPA Documents
- Can Address ROW Questions At Any Time During The NEPA Process
- Coordinate With ROW Division On All Issues
- Work Hand-In-Hand With NEPA Community Impact Specialists
- Coordinate With ROW Especially During Public Meetings And Hearings