Federal Agency Update 2009 An Overview of the Changes to Circular 5010.1D Grants Management...
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Transcript of Federal Agency Update 2009 An Overview of the Changes to Circular 5010.1D Grants Management...
Federal Agency Update 2009
An Overview of the Changes to Circular
5010.1DGrants Management
Requirements
Federal Transit Administration
Federal Agency Update 2009
FTA Circular 5010.1D
Mamie Smith-FisherFTA Real Estate Manager
Mamie [email protected]
202-366-8063
Federal Transit Administration
Where can we get additional copies of
5010.1D?
http://www.fta.dot.gov/documents/C_5010_Finalpub.pdf
Effective Date: November 1, 2008
Federal Transit Administration
Federal Transit Administration
Key Changes
Added Five Definitions; rewrote Two Definitions
Expanded Requirements for Preparing Appraisals
Increased appraisal concurrence from $250,000 to $500,000
Added 49 CFR Part 24 references to FTA requirements
Federal Transit Administration
Key Changes
Clarified existing paragraphs
Updated existing paragraphs to conform with 49 CFR
Added two guides to the appendix: Real Estate Acquisition Management Plan
Appraisal Statement of Work
Added three areas not eligible for Federal participation
Federal Transit Administration
Reorganized for organization and clarity
Definitions
Admin. Settlem’ts Economic Life
Legal Settlements Realty/Personalty
Global Settlements Rent Schedules
Uneconomic Remnants
Federal Transit Administration
Chapter IV Project Management
Real Property ………………………….. Revised
2(a) General – Paragraph three (3)FTA must review and concur in appraisals and review appraisals for acquisitions over $500,000 or in-kind contribution of any value before Federal funds are expended or the value is used as local match. The requirements and processes for conducting appraisals, review appraisals, providing relocation assistance, and requesting FTA’s concurrence.
Federal Transit Administration
Chapter IV – Last Paragraph (page 1)
The Real Estate Process
National Environmental Policy Act (NEPA) Approval → Title Search → Appraisal → Appraisal Review → Just Compensation Determination → FTA Concurrence (if
required) → Offer to Owner → Settlement
Federal Transit Administration
Real Estate Appraisal Requirements
Appraisal/Just Compensation-Before Offer {2.b.(1)}
Referenced at 49 CFR 24.102 and 103* {2.b.(3)}
Fee Appraisers Certified or Licensed* {2.b.(3)}
Qualified for Assignment* {2.b.(2)}
Federal Transit Administration
Real Estate Appraisal Requirements
Appraisal Complies with 49 CFR 24.103 {2.b.(3)}
USPAP Standards* {2.b.(3)}
Statement of Work (SOW) for Assignment* {2.b.(3)}
Jurisdictional Exception from USPAP* {2.b.(3)}
*Denotes change made in 2005 URA Regulations
Federal Transit Administration
URA-Real Estate Appraisal Requirements
Owner Accompaniment/Retention {2.b.(3)}
Tenant Owned Improvements
Compensable Items of Value {2.a.}
Buildings, Structures and Other Improvements
Personalty/Realty Report* {2.b.(3)}
Uneconomic Remnant {2.b.(3)}
Project Influence-Increase/Decrease {2.b.(3)}
Federal Transit Administration
URA-Real Estate Appraisal Exceptions
Donations {2.b.(4)}
Appraisal Waiver—Waiver Valuation {2.b.(4)}
Non-ComplexUnder $10,000*
Federal Transit Administration
URA-Real Estate Appraisal Review Report* {2.c.(2)}
Recommended (the basis for the establishment of just compensation)*
Accepted (meets all requirements but not selected as recommended or approved)*
Not accepted*
Federal Transit Administration
URA-Real Estate Appraisal Review {2.c.(3)}
Establishment of Amount of Just Compensation (JC)
Staff Review Appraiser Can Set JC
Fee Review Appraiser Can Recommend JC Amount*
JC Can be Determined only by Agency Official
Federal Transit Administration
(d) Appraisal Concurrence Process: Changed $500,000
In-kind contribution Any value must have FTA prior concurrence
Federal Transit Administration
d (6) Administrative Settlements
“The term “administrative settlements” encompasses both negotiated settlements and legal settlements. Legal settlements are those arrived at prior to a trial on the merits.”
Settlements in excess of $50,000 must have FTA prior concurrence
Federal Transit Administration
e. Relocation Assistance
(e)(5)(a)&(b) Definition of DSS
(a) Strengthened and added“In addition, the displacing agency shall follow the requirements for separate bedrooms for children of the opposite gender included in local housing codes or in the absence of local codes, the policies of such agencies.”
(b) In the absence of applicable housing codes, FTA’s policy requires separate bedrooms and gender separation for children over 12 years of age.
Federal Transit Administration
e. (7), (8), (9) Payments that FTA will not participate in:
(7) Payments exceeding Uniform Act StatutoryLimits
(8) Global type settlements
(9) Rent Schedules
Federal Transit Administration
Real Estate Acquisition Management Plan RAMP
A RAMP is required for all major capital projects as a part of the Project Management Plan (PMP) under 49 CFR 633.25 and in accordance with Title 49 CFR Part 24. A full RAMP is not required for other capital projects with real estate acquisition; however, all capital projects must be in compliance with 49 CFR Part 24, if real estate acquisition or relocation assistance is involved.