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Project Legal Requirements

RIGHT OF WAY REQUIREMENTS

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General ROW Requirements
Requirement Description Authority
CFR, RCW, WAC
Additional Information MDL No.
Comply with 49 CFR 24   23 CFR 710.309   PE-D-17.06.03
Maintain a Right-of-Way Manual   23 CFR 710.201 [c]    
Prepare and adopt operating procedures   WAC 468-100-004    
Certify that the Right-of-Way Manual is up to date WSDOT should keep the ROW Manual currant and in compliance with Federal and State laws and regulations, and certify to FHWA that this is so every five years. 23 CFR 710.201 [c] 2 Washington Federal-aid Stewardship Agreement, 2001.  
Title VI Title 49, CFR part 21 (Department of Transportation Regulations for the implementation of Title VI of the Civil Rights Act of 1964) requires assurances from States that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal assistance from the Department of Transportation, including the Federal Highway Administration. 23 CFR 200 Applicable when Federal dollars are utilized in any phase of a project.  
Compliance with other laws and regulations. Section I of the Civil Rights Act of 1866 (42 USC 1982 et seq.); Section I of the Civil Rights Act of 1866 (42 USC 1982 et seq.); Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.); Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.), as amended; The National Environmental Policy Act of 1969 (42 USC 4321 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 790 et seq.); Executive Order 12250 - Leadership and Coordination of Non-Discrimination Laws; Executive Order 11063 - Equal Opportunity and Housing, as amended by Executive Order 12259; Executive Order 11246 - Equal Employment Opportunity; Executive Order 11625 - Minority Business Enterprise; Executive Order 12259 - Leadership and Coordination of Fair Housing in Federal Programs; The Flood Disaster Protection Act of 1973 (Pub. L. 93-234); Executive Orders 11988, Floodplain Management, and 11990, Protection of Wetlands; The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). WAC 468-100-008    
Compliance with other laws and regulations. Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982 et seq.); Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended; The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.); Executive Order 12250 - Leadership and Coordination of Non-Discrimination Laws; Executive Order 11063 - Equal Opportunity and Housing, as amended by Executive Order 12259; Executive Order 11246 - Equal Employment Opportunity; Executive Order 11625 - Minority Business Enterprise; The Flood Disaster Protection Act of 1973 (Pub. L. 93-234); Executive Orders 11988, Floodplain Management, and 11990, Protection of Wetlands; The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); N. Executive Order 12250 – Leadership and Coordination of Non Discrimination Laws. 49 CFR 24.8    
Retention of Records The agency is required to retain records for three years from the date of acceptance of the final voucher for the project. 23 CFR Part 17; WAC 468-100-009    
Planning "State and local governments conduct metropolitan and statewide planning to develop coordinated, financially constrained system plans to meet transportation needs for local and statewide systems, under FHWA's planning regulations contained in 23 CFR part 450. In addition, air quality non-attainment areas must meet the requirements of the U.S. EPA Transportation conformity regulations (40 CFR parts 51 and 93). Projects must be included in an approved State Transportation Improvement Program (STIP) in order to be eligible for Federal-aid funding." 24 CFR 710.303    

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