Section 3: Preliminary Utility Adjustment Funding Determinations
Anchor: #i1002121Federal Utility Procedure (FUP)
PLEASE NOTE: Although Alternate Procedure has been used on all Federal-aid in right of way projects, regardless of the type of roadway, the term “Alternate Procedure” has been changed with the release of this manual to “Federal Utility Procedure”, as it relates to the Sub-process of “The Process”.
The term derives from 23CFR Section 645.119, Alternate Procedure, which allows a state transportation department “to act in the relative position of the FHWA for reviewing and approving the arrangements, fees, estimates, plans, agreements, and other related matters” including “all actions necessary to advance and complete all types of utility work”, with certain exceptions; (refer to 23CFR Section 645.119, (b) (1), et seq).
The Federal Highway Administration (FHWA) implemented the Alternate Procedure per 23 CFR 645.119 in 1973, allowing TxDOT to maintain and operate the Utility Relocation Program across the State of Texas. FHWA Texas Division Office was still responsible to approve each Alternate Procedure request per project submitted by TxDOT. In 2014, FHWA modified the Stewardship and Oversight responsibilities of the Federal-Aid Program to a risk based approach known as Risk Based Stewardship and Oversight (RBSO). Under RBSO, the federal action of approving the Alternate Procedure for each project is now considered a State assumed activity. TxDOT performs this activity on behalf of FHWA and is responsible for all actions necessary to advance and complete all types of utility work for Federal-Aid Highway Projects on and off the National Highway System with the exceptions listed in 23 CFR 645.119(b). The FHWA Texas Division’s Stewardship and Oversight (S&O) Agreement, Attachment A-Project Action Responsibility Matrix of the agreement, identifies three project specific actions delegated to TxDOT for the Utility Program:
- Anchor: #FBLVLWDU
- Approval of Utility Agreements Anchor: #PYNNPBME
- Approval of Utility Force Account Work Anchor: #ANIDPHCA
- Approval of the Use of Consultants by Utility Companies
State Utility Procedure (SUP)
TxDOT has adopted an SUP that is, in general, consistent with Federal guidelines. The concentration of the SUP is primarily based on compensable interests. Requirements of the SUP are provided in Chapter 8, Section 6, State Utility Procedure.