§123 Relocation of Utility Facilities

Summary

Federal money can pay part of a State’s cost when the State moves utility lines or systems because of building or changing a transportation project. The Federal share matches the same proportion that Federal funds are used on the transportation project. Definitions used here: cost of relocation — the total a utility paid to move a facility, minus any gain in value of the new facility and any salvage from the old; early utility relocation project — moving utilities before the transportation project’s environmental review is finished; environmental review process — the meaning in section 139(a); transportation project — a project for transportation; utility facility — any public-serving lines or systems for things like power, water, gas, communications, streetlights, or similar services; utility relocation activity — work needed to move a utility, such as design, surveys, buying land or materials, and construction. Federal funds cannot pay if the payment breaks State law or a State contract with the utility. A State must show the Secretary that it paid the relocation from State funds for projects where Federal funds were obligated after April 16, 1958. For early utility moves done before the main project’s review, the State may use its own money first and later get Federal funds only if the State proves to the Secretary that the early work was necessary, documents eligible costs, had its own environmental review showing no significant harm and compliance with other Federal environmental rules, did not influence the project’s review, need, design, or location, followed laws and financial rules, was listed in the transportation improvement program (section 134 or 135), and that NEPA (National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.) review for the transportation project was completed and the project approved for construction. Other laws still apply, including section 138, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq., and 49 C.F.R. part 24), title VI (42 U.S.C. 2000d et seq.), and environmental review rules.