| Renewal Provisions/Process |
| Any party to this agreement may terminate it by providing 30 days written notice to the other parties, provided that the parties will consult during the period prior to the termination to seek agreements on amendments or other actions that would avoid termination. |
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| Geographic Coverage Display |
| Statewide |
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| Applicability |
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This agreement applies to the disposition and lease/renewal of right-of-way that is administered by PennDOT and funded by FHWA. The disposal of real property must be consistent with the Statewide Long Range Transportation Plan, the Statewide Transportation Improvement Program (STIP) and applicable Metropolitan or Rural Planning Organization's Transportation Improvement Programs (TIPs) and Long Range Transportation Plans. The undertaking must be confined to the disposal of excess right-of-way, the leasing of right-of-way or the renewal of an existing lease of right-of-way.
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| Key Attributes |
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Under this PA, pursuant to 23 CFR 771.117 (d), disposal of real property (excess right-of-way), lease agreements, and renewals of existing lease agreements are processed without further approval by FHWA or documentation necessary, provided the conditions and criteria of the agreement are satisfied. Prior to disposition or execution of lease agreements and renewals, PennDOT staff will perform a field review of the parcel and complete the Disposition of Real Property and Lease Agreement/Renewal Categorical Exclusion Applicability Form (Appendix A of the PA). The PA identifies the disposal or lease of right-of-way as a Level 1b activity as defined in the Categorical Exclusion Handbook, Publication 294.
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| Comments on Development/Use of PA |
The development of the PA was straight forward. The environmental process for projects that resulted in no impact was taking a lot of time. PennDOT staff approached FHWA about developing a PA for disposal of real property and lease agreement/renewal activities. Once all parties were brought together, the PA was developed fairly quickly.
The PA is working very well. The PA facilitates property management, which is a growing concern among DOTs, by facilitating quicker disposal of excess real property, which the DOT then no longer has to manage. The PA also facilitates placing the property back on the tax rolls.
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