MMEMORANDUM OF UNDERSTANDING BETWEEN
THE UNITED STATES DEPARTMENT OF THE AGRICULTURE,
U.S. FOREST SERVICE
AND
UNITED STATES DEPARTMENT OF TRANSPORTATION,
FEDERAL HIGHWAY ADMINISTRATION
FOR
THE FEDERAL LANDS TRANSPORTATION PROGRAM

The parties in this Memorandum of Understanding (MOU) between the United States Department of the Agriculture (USDA), Forest Service (FS) and the United States Department of Transportation (USDOT), Federal Highway Administration (FHWA) 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). Recognizing that the FHWA has a long history of providing technical assistance to Federal Lands Management Agencies (FLMAs), this MOU also includes processes and responsibilities for situations where the FS elects to leverage FHWA's expertise, regardless of funding source.

   Funding authorized under the FLTP improves multi-modal access within federal lands and facilities. The FLTP focuses on the transportation infrastructure owned and maintained by the FLMAs.

2. AUTHORITY:

   We enter into this MOU under:

   23 U.S.C. Section 201, which directs the Secretary of Transportation to coordinate a uniform policy for all public Federal and tribal transportation facilities, in collaboration with the Secretaries of the appropriate FLMAs; and

   23 U.S.C. Section 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 and the Secretary of the appropriate FLMA.

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:
   1. In fulfilling the roles and responsibilities of this MOU, the Parties will work collaboratively in using Title 23 funds to improve transportation access to and through federal lands managed by the FS.
   2. In implementing this MOU, the FHWA acknowledges and respects the missions of the FS and recognizes that ownership and management responsibilities of federal lands transportation facilities, other public transportation assets, and surrounding federal lands impacted by transportation, resides with the FS.
      1. In recognition of the Forest Service's ownership role, FHWA will support Executive Orders on broadband deployment and bee pollination with the FS to identify and promote best practices and procedures.
   3. Technical Assistance – In accordance with the provisions of 23 U.S.C. § 308, the FHWA is available to perform engineering services, transportation planning assistance, research, engineering studies, National Environmental Policy Act studies, traffic engineering services, project development, and construction contract administration.
   4. ROLE OF THE FS:
      1. Designate the office or individual that has overall responsibility for the administration of the FS component of the FLTP, including but not limited to:
         1. Provide National leadership for FS units on program administration and implementation in accordance with processes established by the FHWA and FS.
         2. Prepare and submit the FLTP investment plan and accomplishment report in accordance with agreed upon formats and schedules.
         3. Ensure all proposed program changes are approved by the FS Washington Office (WO) and the Office of Federal Lands Highway (FLH) or their delegated representatives;
         4. Request FHWA technical assistance in writing from the WO or delegated representative to the appropriate FLH Division Director.
      2. Maintain an inventory of transportation facilities per coordinated standards and schedules, for data collection, monitoring, establishing targets, and reporting/monitoring for performance of the national federal lands transportation facility inventory described in 23 U.S.C. § 203(c);
      3. Ensure transportation planning procedures and processes are consistent with established guidelines, requirements, and timelines.
      4. Submit a four-year program plan of proposed FLTP projects annually to FHWA;
      5. Determine who will deliver the projects associated with the plan, in consultation with the FHWA, and inform the FHWA of any changes to the project schedule as soon as practicable;
      6. Cooperate with FHWA on environmental reviews per 23 U.S.C. § 139;
      7. Follow the surface transportation program implementation guidance;
      8. Follow the procedures and reporting requirements identified in FLH's Stewardship and Oversight Guidance document including any supplemental information that may be developed in coordination with the Forest Service;
      9. For those activities and projects undertaken by the FS and receiving funding authorized under 23 U.S.C., the FS will-
         1. Perform the required planning, environmental analysis, acquisition/management of right of way, if applicable, public notification process, engineering, architectural, and landscape architectural services needed for each project as agreed in the project agreement.
         2. Advertise, award and administer the contracts in conformance with the approved plans and specifications.
         3. Provide project documentation as described in the FLH Stewardship and Oversight Guidance document.
         4. Ensure accurate accounting and tracking of all Program funding.
         5. Furnish both Treasury Account Symbol and program-level financial reports monthly.
         6. Be responsible for all payments to contractors, and for any services of a State or civil subdivision thereof which are undertaken for the FS.
   5. ROLE OF FHWA
      1. Provide transportation national leadership on program administration, policy development, innovation deployment, and project delivery functions;
      2. Ensure the program is administered in conformance with USC 23 and 49, Code of Federal Regulations 23 and 49, and/or administrative guidance issued by FHWA, as applicable;
      3. Ensure transportation planning procedures and processes are consistent with 23 U.S.C. §§134 and 135;
      4. Review and approval of the four year program in accordance with 23 U.S.C. §134;
      5. Review and approve FS FLTP investment plan and accomplishments report and ensure they support the provisions in law. In collaboration with the FS, provide feedback on their submissions and provide available information, as appropriate, to promote trust, transparency, and continuous improvement;
      6. Provide primary stewardship and oversight of the transportation funds entrusted to FHWA in accordance with the FLH's Stewardship and Oversight Guidance document;
      7. Lead program, process and/or project reviews, with participation of FS, to support continuous improvement of the program;
      8. Comply with the National Environmental Policy Act (NEPA) and applicable regulations for all projects receiving funding authorized under 23 U.S.C. by:
         1. and Lead or co-lead the development of Environmental Impact Statements;
      9. Promote the deployment of innovative technologies in consultation with the FS;
      10. Provide technical assistance, when requested, to the FS to support their knowledge and understanding of program requirements;
      11. For those activities and projects the FS requests FHWA to undertake via their division offices, the FHWA will:
          1. Perform the actions identified in the project agreement, which can include leading or co-leading environmental assessments, conducting studies, designing and administering construction projects, and advertising and awarding contracts;
          2. Submit plans, specifications, and detailed cost estimates, for concurrence by the FS, including signatures on any plans required by FS Directives;
          3. Collaborate and cooperate with the FS to assure that the plans and specifications conform to their management plans and accommodate the FS aesthetic and environmental and cultural resource protection considerations;
          4. Ensure the FS concurs with proposed changes to contract plans or specifications before adoption, and that all proposed changes affecting program priorities previously communicated to FLH have the approval of the FS WO;
          5. Furnish project status reports to the FS and FLH Headquarters as required and afford the FS the opportunity to participate in project inspections, including final inspection. The FS will furnish written recommendations to FHWA for project acceptance. The FHWA will have the concurrence of the FS prior to FHWA's acceptance and final payment to the contractor;
          6. Upon completion and acceptance of each contract, furnish to the FS a final construction report, including final cost data, As-built plans, and a load rating for bridge projects; and
          7. Be responsible for all payments to contractors, and for any services required for delivery of the project
   6. TRANSPORTATION PLANNING – Transportation planning procedures will be implemented according to 23 U.S.C. §201(c)(1). 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.
   7. PROJECT MANAGEMENT – All projects receiving funding authorized under 23 U.S.C. or delivered by FHWA with other types of funding will:
      1. Have a written project agreement or charter that, at minimum, describes the scope, schedule, responsibilities, and budget for the project prior to receipt of funds;
      2. Be in accordance with applicable provisions of 23 U.S.C. and other applicable statutes, regulations and agency procedures, including, but not limited to, the latest editions of Nationally recognized design standards; and
      3. Cite the latest edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects as applicable.
   8. TECHNOLOGY DEPLOYMENT – In the absence of funding support contained within the governing surface transportation authorization Act, the Coordinated Federal Lands Highway Technology Implementation Program (CTIP) will be funded with one half of one percent of the Forest Service portion of the FLTP. CTIP is a cooperative technology deployment and sharing program between the FHWA FLH and the FLMAs. It supports initiatives to promote technology and innovation in transportation and provides a forum for identifying, studying, documenting, and transferring new technology to the transportation community. FLH will actively seek other innovation funding opportunities outside CTIP for endeavors that advance transportation goals on public and tribal lands. Representatives from the Parties will convene at least annually to decide how best to distribute these funds.
   9. FUNDING AND REPORTING:
      1. For projects administered by the FS and receiving funding authorized under 23 U.S.C.;
         1. The FHWA will transfer obligational (contract) authority to the FS following the procedures described in our Funds Transfer Guide, but generally by means of an allocation letter followed by a fund advice;
         2. The FS will submit requests for liquidating cash in writing to the Chief, Finance Division, FHWA;
         3. The FHWA will transfer liquidating cash to the FS Budget Office to meet current expenditure needs;
         4. The FS will track obligations and expenditures of funds as described in allocation correspondence;
         5. The FS will furnish financial reports to FHWA in accordance with the Federal Accounting Standards Advisory Board (FASAB) accounting standards;
         6. The FS will fully participate in the August redistribution of excess obligation limitation.
      2. For projects administered by the FHWA and receiving funding from the FS:
         1. Before beginning work, the FS will transfer funds to the FHWA's appropriate Division for projects which the FHWA shall have program responsibility;
         2. FHWA administration will follow procedures jointly agreed upon between the FHWA and the FS and documented in the project agreement;
         3. FHWA will track obligations and expenditures of funds as described in allocation correspondence and return unexpended funds to the FS; and
         4. FHWA will furnish financial reports to the FS in accordance with the FASAB accounting standards.
   10. SUPPLEMENTAL AGREEMENTS – In addition to the provisions of this MOU, the FS and FHWA will enter into supplementary agreements regarding specific details. Any supplemental agreements will conform to this MOU and applicable laws and regulations, and no such agreement shall be deemed to supersede this MOU. Supplemental agreements can include, but are not limited to the following:
       1. Program administration;
       2. Planning procedures;
       3. Data collection and Performance Management;
       4. Bridge inspection;
       5. Environmental documentation; and
       6. Claims and litigation.
5. GENERAL PROVISIONS:
   1. POINTS OF CONTACT

      For the FS
      Bridge Program Manager and FHWA Liaison,
      703-605-4509,

      For the FHWA
      Federal Lands Program Manager,
      202-366-4558,

   2. CORRESPONDENCE – All correspondence to be sent and notices to be given pursuant to this MOU will be addressed, if to the FS, to—

      USDA Forest Service
      NFS - Engineering
      201 14th Street, SW
      Washington, DC 20024

      and, if to the FHWA, to—

      Office of Federal Lands Highway
      1200 New Jersey Avenue, SE
      Washington, DC 20590

6. 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.
7. MODIFICATION OF UNDERSTANDING – This MOU may only be modified by the written agreement of the Parties, duly signed by their authorized representatives.
8. 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.
9. TERMINATION – Any agency may withdraw from this MOU after 60 days written notice to the other Party.
10. TRANSFERABILITY – This MOU is not transferable except with the written consent of the Parties.
11. ENTIRE UNDERSTANDING – It is expressly understood and agreed that this MOU embodies the entire understanding between the Parties regarding the MOU's subject matter.
12. EFFECTIVE DATE – This MOU is executed as of the date of the last signature shown below.
13. REVIEW OF AGREEMENT – This MOU will be reviewed at the end of five years. The Parties to this MOU will conduct an interim review of its language, tasks, and direction and make any necessary corrections as mutually agreeable.
14. ADDITIONAL SIGNATORIES – Additional Federal agencies may be added to this MOU with the concurrence of the Parties. Concurrence may be given in writing, including e-mail, or by vote of the Parties at a meeting. The addition of a Federal agency shall be effected by attaching to the MOU a page with the agency representative's dated signature.
15. SPECIAL PROVISIONS:
    1. NON-FUND OBLIGATING DOCUMENT – This MOU is neither a fiscal nor a funds 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 cooperator 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 any FS 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 FS 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.
16. CANCELLATION OF PREVIOUS MEMORANDA OF UNDERSTANDING or AGREEMENT – This MOU replaces the following agreements and Memoranda of Understanding between the FS and the FHWA:
    1. Memorandum of Understanding Between the Department Of Commerce and the Department of Agriculture for the Construction of Forest Development Roads, dated August 22, 1956, which outlined the general agreement and procedures that FHWA (formerly Bureau of Public Roads) and Forest Service will undertake surveys, plans, estimates, designs and construction of certain forest development roads and bridges.;
    2. Memorandum of Agreement, dated October 14, 1975 and amended May 7, 1992, which identifies the elements of the highway-related safety and National Bridge Inspection program standards which apply to forest development roads under the jurisdiction of the Forest Service. Refer to 23 CFR 650 Part C and the FHWA website for regulations, policy, guidance and information on the NBIS program.
    3. Memorandum of Understanding Related to Forest Highways Over National Forest Lands, dated May 11, 1981, which established procedures between FHWA and the FS for coordinating the planning, reconnaissance, location, design, construction, signing and consideration of social, economic and environmental effects related to Forest Highway use and occupancy of National Forest lands;

AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document are representatives of the cooperator 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

This agreement shall become effective on the date of the last approving signature. Renegotiation of this agreement or any part thereof shall be by mutual concurrence in writing.

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