Federal Agency Update 2009 An Overview of the Changes to Circular D Grants Management Requirements Federal Transit Administration

Federal Agency Update 2009 FTA Circular D Mamie Smith-Fisher FTA Real Estate Manager Mamie Federal Transit Administration

Where can we get additional copies of D? C_5010_Finalpub.pdf Effective Date: November 1, 2008 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’tsEconomic Life Legal SettlementsRealty/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 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 {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-Complex Under $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 Statutory Limits (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 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.

Thank You Mamie Smith-Fisher FTA Real Estate Manager Federal Transit Administration