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RIGHT-OF-WAY <br />17. State is responsible for proper acquisition of the necessary right-of--way and easements for <br />construction and maintenance of the Project. Agency may perform acquisition of the necessary right- <br />of-way and easements for construction and maintenance of the Project, provided Agency (or <br />Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual <br />and have obtained prior approval from State's Region Right of Way office to do such work. <br />18. Regardless of who acquires or performs any of the right-of--way activities, a right~f--way services <br />agreement shall be created by State's Region Right of Way office setting forth the responsibilities <br />and activities to be accomplished by each party. State shall always be responsible for requesting <br />project funding, coordinating certification of the right-of--way, and providing oversight and <br />monitoring. Funding authorization requests for federal right-of--way funds must be sent through the <br />State's Region Right of Way offices on all projects. All projects must have right-of--way certification <br />coordinated through State'"s Region .Right of Way offices (everi for projects where no federal funds <br />were used for right-of--way, but federal funds were used elsewhere on the Project). Agency should <br />contact the State's Region Right of Way office for additional information or clarification. <br />19. State shall review all right-of--way activities engaged in by Agency to assure compliance with <br />applicable laws and regulations. Agency agrees that right-of--way activities shall be in accord with <br />the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended; <br />`ORS 35.510 and ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the <br />Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. ' <br />20. If any real property purchased with federal-aid participation is no longer needed for the originally <br />authorized purpose, the disposition of such property shall be subject to applicable rules and <br />regulations; which are in effect at the time of disposition. Reimbursement to State and FHWA of the <br />required proportionate shares of the fair market value maybe required. <br />21. Agency insures that all Project right-of--way monumentation will be conducted in conformance with <br />ORS 209.150. <br />22. State and Agency grants each other authority to enter onto the other's right-of--way for the <br />performance of the Project. <br />AGENCY OBLIGATIONS <br />FINANCE <br />23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless <br />otherwise. agreed and allowable by law. Agency shall be responsible for the entire match amount, <br />unless otherwise agreed to and specified in the intergovernmental agreement. <br />24. Agency's estimated share and advance deposit. <br />A. Agency shall, prior to commencement of the preliminary engineering and/or right-of--way <br />acquisition phases, deposit with State its estimated share of each phase. Exception may be made <br />STDPRO-2005.doc 4 <br />Rev. 3-22-OS <br />