USDOT Issues Uniform Act Final Rule

“This final rule includes critical updates that make sure those protections match the needs of the 21st century—and offer fair compensation and moving assistance to the people impacted by projects," said U.S. Transportation Secretary Pete Buttigieg. (USDOT)

The U.S. Department of Transportation (USDOT) recently announced a final rule to update the government wide Unform Relocation Assistance and Real Property Acquisition Polices Act of 1970 (Uniform Act).

The final rule—the first update in almost 20 years—makes important changes to help those displaced or otherwise affected by federally funded projects, according to USDOT. It also includes important equity considerations, including raising the benefit levels “to account for inflation,” provides new authority “to ensure future benefit levels are adjusted expeditiously,” and improves benefits and services for displaced individuals “to advance the [Biden-Harris] Administration’s equity goals.”

The final rule, which goes into effect on June 3, USDOT says, enhances benefits and services focused on improving equity and fairness for tenants, homeowners, businesses and other entities. Enhanced benefits and services include:

• “The rule updates key Uniform Act benefit levels to account for inflation since 2012, resulting in a 33% increase in benefit levels for people and businesses that are required to move as a result of federally funded projects.
• “The rule clarifies that additional fees, such as credit check fees and application fees, are eligible for reimbursement.
• “The rule clarifies that to the extent feasible, comparable replacement dwellings are to be selected from the neighborhood in which the displacement dwelling was located or, if that is not possible, in nearby or similar neighborhoods where housing costs are generally the same or higher. 
• “The rule highlights the information that should be gathered during the interview of a person to be displaced to understand the displaced person’s preferences and needs in replacement housing.
• “The rule includes a focus on the purpose of the relocation planning process, requiring agencies to plan projects to better identify problems and solutions to minimize adverse impacts of displacement on individuals, families, businesses, farms, and nonprofit organizations.”

Additional Uniform Act updates include streamlining government processes by reducing paperwork and administrative burdens of government regulations on the public and agencies subject to Uniform Act requirements.

“Congress passed the Uniform Act over half a century ago to protect people whose lives were impacted by federally funded projects,” said U.S. Transportation Secretary Buttigieg. “This final rule includes critical updates that make sure those protections match the needs of the 21st century—and offer fair compensation and moving assistance to the people impacted by projects.” 

“This update to the Uniform Act demonstrates the Biden-Harris Administration’s continued commitment to improving equity for all Americans,” said Federal Highway Administrator Shailen Bhatt. “Increasing benefit levels helps keep pace with inflation and makes a big difference for those impacted. This update ensures we meet the needs and preferences for folks impacted by displacement and helps the federal government minimize impacts throughout the relocation process.”

USDOT was named as the lead agency for the Uniform Act making it responsible for developing, issuing and maintaining government-wide regulations and assistance to the 17 Uniform Act Federal agencies. USDOT is also required to submit an annual report to Congress.

More information is available here.