Page images

Par. 4b

March 31, 1971

the State highway department should assure that suitable arrangements are made for the necessary salvage work.

c. If unforeseen objects of possible historic significance are encountered during construction, the appropriate salvage authority should be notified immediately and suitable arrangements made as in paragraphs 4a and b.

d. When a salvage authority advises that historic objects may be encountered during construction of a proposed highway project, the procedures set forth in paragraphs 4a and b are to be followed.

disturbing, or otherwise adversely affecting historic objects beyond the road prism, Federal-aid funds may participate in salvage operations beyond the road prism for such limited distance within the highway right-ofway as deemed necessary to prevent loss of historic objects or data which otherwise may occur during normal construction operations.

f. In isolated instances, the necessity for salvage of historic objects may arise as a result of obtaining materials from borrow pits. If the borrow pit and the historic objects are in public ownership, Federal funds may participate in salvage costs which are directly attributable to the utilization of the borrow pit, unless it would be in the public interest to utilize a borrow pit at another location. In those instances where the borrow pit is commercially operated or otherwise is not in public ownership, Federal participation will be dependent upon a showing that the private owner has waived all claims to the historic objects and that such objects will be used for public purposes without private gain to any individual.

[blocks in formation]


If situations should arise where the removal or relocation of buildings or other structures located wholly or partly within the right-of-way will necessitate salvage of historic objects at either the existing or the relocation site, Federal funds may participate in the cost of performing such salvage as part of the project costs. Participation in such costs at relocation sites will require a showing that it is necessary to relocate the buildings or structures at that particular site. Participation will also be dependent on a showing that the salvaged objects will be used for public purposes without private gain to any individual.

b. Federal-aid highway funds may participate in such salvage costs as are clearly attributable to highway projects, including survey costs incurred in advance of construction, and as are determined to be necessary to preserve historic objects which might otherwise be adversely affected by highway construction, or to avoid increased salvage costs as might otherwise occur during highway construction.

[blocks in formation]

c. Salvage costs may include costs of protecting and preserving historic objects during removal at the site, but shall not include the costs of shipping or otherwise removing such objects from the project site except for moving them to the nearest point at which suitable transportation or temporary storage is available.

(3) salvage work.

All phases should preferably be handled ahead of the regular construction contract.


The salaries, fees, and expenses incurred by a salvage authority are eligible for reimbursement to the extent that such costs are attributable to and supported as part of the project cost.

e. In those instances where highway construction operations result in exposing,

b. Work under phases 1, 2, and 3 may be programmed as PE, ROW, or CONST. Work under phases 1 and 2 may also be programmed as HP&R; however, after the final route location has been determined, such work is no longer eligible for these funds. The use of HP&R funds is subject to approval by the Regional Administrator as part of an adequate program of highway planning and research.

March 31, 1971

Par. 60

c. Salvage projects may be programmed as separate projects or as separate line items of related highway projects. Archeological salvage shall be reported on the Project Status Record, Form PR-37, as work type code Y070 and identified with work class codes 1, 3, 4, or P, as appropriate. Similarly, paleontological salvage shall be reported as work type code Y071,

fications attached to his approval shall be set out by letter from the division engineer to the State. Such approval and any conditions or qualifications attached thereto are for the purpose of informing the State the extent that Federal funds are eligible to participate in the costs incurred under the approved agreement, subject to the provisions of this memorandum.

[blocks in formation]


The State and the salvage authority shall agree in writing on their separate responsibilities for financing and accomplishing the salvage project. Individual agreements shall be used on a case-by-case or project basis. The form of the written agreement is not prescribed; however, it shall incorporate this memorandum and any supplements and revisions thereto by reference and shall, by inclusion therein or by supplement thereto, set forth:

(1) the scope, description, and location of the work to be undertaken, and

e. In the event there are changes in the scope of work, extra work, or major changes in the planned work covered by the approved agreement, plans and estimates, reimbursement therefor shall be limited to costs covered by a modification of the agreement, or a written change or extra work order, approved by the State and the division engineer.

f. If a contractor's operations are delayed because of a salvage project, such contractor may be given an appropriate extension of the contract time. If practicable, the operations, should be rescheduled to avoid the section until the removal of the historic objects or the gathering of historic data has been accomplished by the salvage authority.


(2) where applicable, the terms and amounts of any funds, other than public highway funds, made available to the State for financing the salvage project.

b. The agreement shall be supported by plans and estimates of the work agreed upon, which shall be sufficiently informative and complete to provide the State and division engineer with a clear showing of work required.

The principles set forth in the preceding paragraphs are applicable also to Federal domain projects under Federal Highway Administration supervision. Agreements may be entered into with the salvage authority to pay from Federal highway funds the reasonable costs of salvage operations (16 U.S.C. 432). Directives or change orders may be issued to the contractors in this connection, provided the specifications have not required the contractor to cover such work in his unit bid prices. They may

also be issued in cases within the meaning of "subsurface or latent conditions" or "unknown physical conditions" where such terms are used in the standard contract forms.

(1) The plans shall indicate the location of the salvage project in relation to the latest available information on the highway alinement and grade, right-of-way lines and, where applicable, access control lines.

(2) The estimate shall set forth the items of work to be performed, broken down as to estimated cost of labor, overhead, materials and supplies, handling charges, transportation, and equipment.

FC. Gunn

F. C. Turner
Federal Highway Administrator

c. Where the salvage project involves work that is not attributable to the highway project, the written agreement shall state the share of the total cost to be charged to the highway project. Reimbursement shall follow the basis of cost allocation set out in the agreement, except where adjustment is required by changes between the work planned and accomplished.

d. The division engineer shall indicate his approval of the written agreement by endorsement thereon. Any conditions or quali


[blocks in formation]



1. Purpose

2. Authority
3. Applicability

This PPM applies to all Federal-aid
4. Definitions

highway projects.
5. Coordination
6. Hearing Requirements

b. If preliminary engineering or acquisi7. Opportunity for Public Hearings tion of right of way related to an undertaking 8. Public Hearing Procedures

to construct a portion of a Federal-aid high9. Consideration of Social, Economic, way project is carried out without Federal-aid and Environmental Effects

funds, subsequent phases of the work are 10. Location and Design Approval eligible for Federal-aid funding only if the 11. Publication of Approval

nonparticipating work after the effective date 12. Reimbursement for Public Hearing of this PPM was done in accordance with this Expenses



C. This PPM shall not apply to the con

struction of highway projects where the Federal a. The purpose of this PPM is to ensure, Highway Administrator has made a formal deterto the maximum extent practicable, that high- mination that the construction of the project is way locations and designs reflect and are con- urgently needed because of a national emergency, sistent with Federal, State, and local goals a natural disaster or a catastrophic failure. and objectives. The rules, policies, and procedures established by this PPM are intended 4. DEFINITIONS (As used in this PPM) to afford full opportunity for effective public participation in the consideration of highway a. A "corridor public hearing" is a public location and design proposals by highway hearing that: departments before submission to the Federal Highway Administration for approval. They

(1) Is held before the route location is provide a medium for free and open discussion approved and before the State highway departand are designed to encourage early and ami- ment is committed to a specific proposal; cable resolution of controversial issues that may arise.

(2) Is held to ensure that an opportunity

is afforded for effective participation by interb. The PPM requires State highway ested persons in the process of determining departments to consider fully a wide range of the need for, and the location of, a Federalfactors in determining highway locations and aid highway; and highway designs. It provides for extensive coordination of proposals with public and

(3) Provides a public forum that affords private interests. In addition, it provides for a full opportunity for presenting views on each a two-hearing procedure designed to give all of the proposed alternative highway locations interested persons an opportunity to become and the social, economic, and environmental fully acquainted with highway proposals of effects of those alternate locations. concern to them and to express their views at those stages of a proposal's development when b. A "highway design public hearing' is the flexibility to respond to these views still a public hearing that: exists.

(1) Is held after the route location has AUTHORITY

been approved, but before the State highway

department is committed to a specific design This PPM is issued under authority of the proposal; Federal-aid Highway Act, 23 U.S.C. 101 et seq., 128, 315, sections 2(a), 2(b)(2), and

(2) Is held to ensure that an opportunity 9(e)(1) of the Department of Transportation is afforded for effective participation by interAct, 49 U.S. C. 1651(a) and (a)(2), 1657(e)(1); ested persons in the process of determining 49 CFR § 1.4(c); and 23 CFR 8 1.32.

the specific location and major design features


[blocks in formation]


(3) Economic activity.

When a State highway department

begins considering the development or im(4) Employment.

provement of a traffic corridor in a particular

area, it shall solicit the views of that State's (5) Recreation and parks.

resources, recreation, and planning agencies,

and of those Federal agencies and local public (6) Fire protection.

officials and agencies, and public advisory

groups which the State highway department (7) Aesthetics.

knows or believes might be interested in or

affected by the development or improvement. (8) Public utilities.

The State highway department shall establish

and maintain a list upon which any Federal (9) Public health and safety.

agency, local public official or public advi

sory group may enroll, upon its request, to (10) Residential and neighborhood receive notice of projects in any area specicharacter and location,

fied by that agency, official, or group. The

State highway departments are also encour(11) Religious institutions and prac- aged to establish a list upon which other tices.

persons and groups interested in highway

corridor locations may enroll in order to have (12) Conduct and financing of Govern- their views considered. If the corridor afment (including effect on local tax base and fects another State, views shall also be solisocial service costs).

cited from the appropriate agencies within

that State. All written views received as a (13) Conservation (including erosion,

result of coordination under this paragraph sedimentation, wildlife and general ecology

must be made available to the public as a of the area).

part of the public hearing procedures set

forth in paragraph 8. (14) Natural and historic landmarks.

b. Other public hearings or informal (15) Noise, and air and water pollu- public meetings, clearly identified as such, tion,

may be desirable either before the study of

alternate routes in the corridor begins or as (16) Property values.

it progresses to inform the public about high

way proposals and to obtain information from (17) Multiple use of space.

the public which might affect the scope of the

study or the choice of alternatives to be con(18) Replacement housing.

sidered, and which might aid in identification

of critical social, economic and environ(19) Education (including disruption mental effects at a stage permitting maximum of school district operations).

consideration of these effects. State highway

departments are encouraged to hold such a (20) Displacement of families and hearing or meeting whenever that action would businesses.

further the objectives of this PPM or would otherwise serve the public interest.

« PreviousContinue »