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Section 5: Credits to Match Federal Funds

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Federal Funds Authorized for Right of Way

If Federal funds are authorized for acquisition of right of way, all costs of acquired right of way including land and improvements, plus any damages to the remainder, as well as administrative costs such as appraisal, negotiations, eminent domain and relocation assistance, may be used as a credit toward the State's or local government's matching share on the Federal project.

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Federal Funds Not Authorized for Right of Way

If the right of way for a project was acquired without Federal funds, but Federal funds were used in PE or construction, the cost of acquired right of way including land and improvements, plus any damages to the remainder may be used as a right of way credit toward the State's or local government's matching share on the Federal project, provided that the additional Federal funds are available for the project. Administrative costs such as appraisal, negotiations, and relocation assistance, are not allowed as part of the credit for acquired right of way.

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Method of Credit

If a local government wants to obtain any right of way credits on a Federal project, the Department should contact the ROW Program Office in Austin to discuss the particular circumstances and procedures needed to obtain the credit.

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