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


mailto:[email protected]

Where can we get additional copies of

5010.1D?

http://www.fta.dot.gov/documents/C_5010_Finalpub.pdf

Effective Date: November 1, 2008



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


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


Reorganized for organization and clarity

Definitions

Admin. Settlem’ts Economic Life

Legal Settlements Realty/Personalty

Global Settlements Rent Schedules

Uneconomic Remnants


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.


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


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)}


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


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)}


URA-Real Estate Appraisal Exceptions

Donations {2.b.(4)}

Appraisal Waiver—Waiver Valuation {2.b.(4)}

Non-ComplexUnder $10,000*


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*


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


(d) Appraisal Concurrence Process: Changed $500,000

In-kind contribution Any value must have FTA prior concurrence


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


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.


e. (7), (8), (9) Payments that FTA will not participate in:

(7) Payments exceeding Uniform Act StatutoryLimits

(8) Global type settlements

(9) Rent Schedules


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.

Thank You

Mamie Smith-FisherFTA Real Estate Manager


Federal Agency Update 2009 An Overview of the Changes to Circular 5010.1D Grants Management...

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