MEMORANDUM OF UNDERSTANDING BETWEEN
THE UNITED STATES DEPARTMENT OF INTERIOR,
BUREAU OF LAND MANAGEMENT (BLM)
AND
UNITED STATES DEPARTMENT OF TRANSPORTATION,
FEDERAL HIGHWAY ADMINISTRATION (FHWA)
FOR
THE FEDERAL LANDS TRANSPORTATION PROGRAM (FLTP)

This is a Memorandum of Understanding (MOU) between the United States Department of Interior, BLM and the United States Department of Transportation, FHWA who are referred to as the "Parties".

1. BACKGROUND

   This MOU documents the processes and responsibilities of the Parties in meeting the requirements of title 23, United States Code (23 U.S.C.), §201 and §203, relating to Federal lands transportation facilities and other public transportation facilities eligible for the Federal Lands Transportation program (FLTP). Funding authorized under the FLTP improves multimodal access within Federal lands and facilities. The FLTP focuses on the transportation infrastructure owned and maintained by the Federal Lands Management Agencies (FLMAs).

2. AUTHORITY
   1. The Parties enter into this MOU under:

      23 U.S.C. § 201, which direct the Secretary of Transportation to coordinate a uniform policy for all Federal lands transportation facilities, in collaboration with the Secretaries of the appropriate FLMAs; and 23 U.S.C. § 203, which states that all appropriations for the construction and improvement of federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary of Transportation and the Secretary of the appropriate FLMA.

      Federal Land Policy and Management Act of 1976 (43 U.S.C. Section 1731), as amended and supplemented.

   2. This MOU:
      1. Replaces the Memorandum of Agreement (MOA) between the Parties, dated June 6, 1978;
      2. Replaces the MOA between the Parties, dated February 26, 1982;
      3. Replaces the Interagency Agreement between the Parties dated July 27, 1982; and,
      4. Replaces MOA between the Parties, dated October 29, 1993
3. PURPOSE

   This MOU encourages long-term interagency collaboration, defines roles and responsibilities of the Parties, and fosters cooperative relationships to promote the sharing of technical expertise and the successful delivery of the program.

4. RESPONSIBILITIES OF THE PARTIES

   The BLM, Directorate of Business, Fiscal, and Information Resources Management and the FHWA, Office of Federal Lands Highways, will have responsibility for administering the BLM component of the FLTP. The Parties will designate the official title of the individual within their respective organizations that has overall responsibility for the administration of the FLTP.

   The Parties shall jointly determine: execution responsibility for the approved program of projects, a division of program responsibility, and provide appropriate supervision for carrying out the project execution as herein defined.

   All programmed, construction projects funded by the FLTP will have a written project agreement or charter. The minimum description requirements for an agreement or charter shall include: project scope, schedule, budget, roles and responsibilities.

   1. The BLM will be responsible for:
      1. Protection and management of lands and resources under its jurisdiction;
      2. Maintenance of public roads funded under FLTP, other public roads and/or administrative roads that enable access not funded under FLTP;
      3. Leading transportation planning and management system requirements under 23 U.S.C. 201(c)(1);
      4. Collecting data, establishing targets, and monitoring performance of the BLM transportation system;
      5. Submitting an application for FLTP funding, as requested by FHWA;
      6. Developing and submitting a :five-year program of FLTP projects for FHWA's approval. The five-year program will be updated and submitted to FHWA annually as BLM's Transportation Improvement Program (TIP);
      7. Determining, in consultation with the FHWA, who will deliver the projects on the approved plan;
      8. Requesting FHWA technical assistance in writing. The request should come from BLM's Headquarters to the FHWA Office of Federal Lands Highway;
      9. Cooperating with FHWA on environmental reviews per 23 U.S.C. § 139;
      10. Ensuring all proposed program changes (e.g. scope, schedule or budget) are approved by the Parties' delegated representatives; and
      11. Acquisition of Right-of-way (ROW), railroad agreements, easements and utility matters including broadband infrastructure and policy, unless otherwise agreed upon with respect to a particular project.
   2. The FHWA will be responsible for:
      1. Providing technical assistance, when requested. In accordance with 23 U.S.C. §308, the FHWA is available to perform architectural services, transportation planning assistance, research, engineering studies, National Environmental Policy Act (NEPA) studies, traffic engineering services, project development, and construction contract administration;
      2. Designing and delivering projects in accordance with all FHWA's applicable statutes, regulations, policies, procedures, and manuals if assigned such role in specific project agreements or charters;
      3. Ensuring that the FLTP is administered according to 23 U.S.C. and is in conformance with established policies under Federal Lands Stewardship and Oversight Policy, latest version;
      4. Informing the BLM State Director or designated official of construction schedule(s) to minimize negative impacts on BLM's operations, and any changes in schedules as they become apparent;
      5. Determining FLTP funding amounts for BLM;
      6. Approving the TIP submitted/updated annually by the BLM and coordinate its inclusion on the State Transportation Improvement Plan;
      7. Serving as the lead Federal agency for NEPA compliance on projects delivered by FHWA and coordinating the environmental analysis process by sharing information necessary to complete the analysis;
      8. Leading or co-leading on Environmental Impact Statements for projects funded or partially funded by FLTP;
      9. Adopting or developing a separate document for environmental assessments and categorical exclusions on BLM transportation facility improvements funded under FLTP; and,
      10. Promoting the deployment of innovative technologies in consultation with the BLM.
5. TRANSPORTATION PLANNING

   Transportation planning procedures will be implemented according to 23 U.S.C. §201(c). This includes incorporating processes consistent with 23 U.S.C. §§ 134 and 135, as well as meeting management system requirements for safety, bridge, pavement, and congestion.

6. FUNDING AND REPORTING
   1. FLTP projects administered by BLM:
      1. The FHWA will transfer obligation (contract) authority to the BLM following the procedures described in our Funds Transfer Guide, latest edition; generally by means of an allocation letter. The FHWA Office of Budget will issue an advice of funds available for obligation (Form FHWA-370).
      2. The BLM will track obligations and expenditures of funds as described in allocation correspondence using the corresponding program code;
      3. Direct or indirect overhead charges shall be jointly agreed upon;
      4. BLM will furnish financial reports to FHWA in accordance with standard accounting procedures, following the procedures described in the FHWA Accounting Handbook for Trust Fund and General Fund Child Accounts, latest edition;
   2. FLTP projects administered by FHWA:
      1. Before beginning work, funds shall be transferred to the FHWA's appropriate Division for projects which the FHWA shall have program responsibility. FHWA will follow procedures jointly agreed upon between the Parties and documented in the project agreement or charter;
      2. The FHWA shall furnish all the required financial reports following the procedures described in the FHWA Accounting Handbook for Trust Fund and General Fund Child Accounts, latest edition; and
      3. The FHWA will provide obligation and expenditure information on FLTP funds upon request.
7. CLAIMS AND LITIGATION – The Parties will exchange information concerning any claims or litigation arising as the result of, or in connection with a project funded by the FLTP.
8. PARTNERING AGREEMENTS – In addition to the provisions of this agreement, the Parties may enter into supplemental agreements. The Parties may enter into such supplementary or ancillary regional agreements as may be appropriate and mutually agreed regarding details of planning procedures and implementation of the approved program; provided, however, that any such regional agreements shall be in conformity with this MOU and applicable laws and regulations, and no such regional agreement shall be deemed to supersede this MOU.
9. GENERAL PROVISIONS
   1. POINTS OF CONTACT
      For the BLM
      Division Chief, Business Resources
      202-912-7040,
      Bureau of Land Management
      20 M Street, SE
      Washington, DC 20003-3503
      For the FHWA
      Federal Lands Program Manager,
      202-366-9491,
      Office of Federal Lands Highway
      1200 New Jersey Avenue, SE
      Washington, DC 20590
10. SPECIAL PROVISIONS
    1. Non-fund obligation document. Any endeavor involving reimbursement or contribution of funds between the Parties of the MOU will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the Parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to the Parties of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.
    2. No member of Congress to benefit. Pursuant to the Title 41 U.S.C. § 22, no member of Congress shall be admitted to any share or part of this MOU, or any benefits that may arise therefrom.
    3. Participation in similar activities. This MOU in no way restricts any signatory from participating in similar activities with other public or private agencies, organizations, and individuals.
    4. Responsibilities to the Act. Nothing in this MOU abrogates the responsibility of the BLM to manage its resources according to the laws, rules, and regulations providing its management authority over such lands.
    5. Existing Authority. Nothing in this MOU is intended to alter, limit, or expand the statutory and regulatory authority of the BLM or FHWA.
    6. No enforceable rights. This MOU does not create any substantive or procedural right that is enforceable at law or equity against the United States or its officers, agents, and employees.
11. MANPOWER – This MOU does not document nor provide for the exchange of personnel between the Parties nor does it make any commitment of funds or resources. Each Party is responsible for all costs of its personnel, including pay and benefits, support, and travel. Each Party is responsible for supervision and management of its personnel.
12. MODIFICATION OF UNDERSTANDING – This MOU may only be modified by the written agreement of the Parties, duly signed by their authorized representatives.
13. DISPUTES – Any disputes relating to this MOU will, subject to any applicable law, executive order, directive, or instruction, be resolved by consultation between the Parties.
14. TERMINATION – Any agency may withdraw from this MOU after 60 days written notice to the other Party.
15. TRANSFERABILITY – This MOU is not transferable except with the written consent of the Parties.
16. EFFECTIVE DATE – This MOU is executed as of the date of the last signature shown below.
17. REVIEW OF AGREEMENT – This MOU will be reviewed periodically. The Parties to this MOU will conduct an interim review of its language, tasks, and direction and make any necessary corrections as mutually agreeable.
18. EXECUTION – This MOU is not intended to fix procedures to be followed so rigidly as to prevent logical and practical actions by the Parties, but rather to formulate a general, uniform procedure, as required by 23 U.S.C. §203, applicable to the implementation of the BLM Federal lands transportation program facilities.

    Personnel are encouraged to confer during the various phases of program development and implementation to agree on matters that fall within their respective jurisdictions and responsibilities. Matters that require consideration at higher levels should be referred to appropriate offices within each agency.

19. AUTHORIZED REPRESENTATIVES – By signature below, the Parties certify that the individuals listed in this document are representatives of the Parties and are authorized to act in their respective areas for matters related to this agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the last written date below.

APPROVALS

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