Partnering Agreement
Between the
U.S. Fish and Wildlife Service National Wildlife Refuge System
and the Federal Highway Administration Office of Federal Lands Highway
For Stewardship and Oversight of the
National Wildlife Refuge System Transportation Program

Purpose:
The purpose of this document is to establish a partnering agreement between the U.S. Fish and Wildlife Service National Wildlife Refuge System (Service) and the Federal Highway Administration Office of Federal Lands Highways (FLH) for the creation of a Stewardship and Oversight Process over the National Wildlife Refuge System Transportation Program (RSTP).

Authority:
The Interagency Agreement Between the U.S. Fish and Wildlife Service and the Federal Highway Administration Related to Public Roads on the National Wildlife Refuge System, dated April 12, 1999, gives the two agencies the authority into enter into supplemental agreements to develop "Partnering Agreements." The agreement also allows for program and policy review meetings as necessary.

Title 23 provides considerable flexibility to Federal Land Management Agencies and FHWA in reaching agreement on "responsibilities" for design, plans, specifications, estimates, contract awards, and inspection of Federal-Aid projects. While the Service has assumed certain project approval and authorities, FHWA is ultimately accountable for ensuring that Title 23 programs are delivered consistent with established law, regulations, and policies.

Definitions:

1. Stewardship – The efficient and effective use of the public's funds that have been entrusted to FLH and Service;
2. Oversight – Ensuring that the public's funds are delivered consistent with laws, regulations, and policies.
3. National Wildlife Refuge System Transportation Program (RSTP) – The planning, programming, construction, reconstruction and improvements related to public use roads, parking lots, bridges, nationally designated trails, refuge specific trails, transit related facilities and the associated appurtenances found within the National Wildlife Refuge System.
4. Delivery Office – Any office within the Service or FHWA that intends to design and/or construct a transportation project.

Implementation of Stewardship and Oversight Practices:

The Service and FHWA agree to implement the following Stewardship and Oversight Practices:

(1) Program Management – To ensure policy, budget, and program execution consistent with Titles 16 and 23 U.S.C., our two offices will undertake the following activities:

1. Policy Responsibility – To the extent possible, the headquarters office of the Service and the Office of Federal Lands Highway will work together as a joint Headquarters to set overall policy that balances the requirements of Title 23 and Title 16.
2. Program Goals and Measures –
   1. In cooperation with FLH, the Service has developed, and will maintain, the RSTP goals and measures as shown in Appendix A
   2. Target values for the measures will be jointly developed as more information becomes available
   3. These goals, measures, and target values will be updated as needed;
3. Project Agreements – To ensure accountability for project commitments, the Service and FLH will sign a project agreement for each project to be delivered under the RSTP. At a minimum, these project agreements will include the following project elements:
   1. Scope
   2. Schedule
   3. Budget
   4. Project Agreement Responsibility Checklist, as shown in Appendix B.
4. Core Documents –
   1. The Service and FLH have identified the core documents that describe stewardship and oversight policies and procedures for Title 16 and 23 funds, respectively. They are listed in Appendix C.
   2. This list will be updated as core documents are edited or created.
5. Quality Assurance and Quality Control (QAQC) Plans –
   1. In order to ensure the consistent and quality delivery of the RSTP program, QAQC plans will be developed and implemented for the following areas, at a minimum:
      1. Planning and Programming
      2. Project Development
      3. Procurement
      4. Construction
   2. Completed QAQC plans will be forwarded to both headquarters offices.

(2) Program Evaluation

1. Program Assessment – The FLH Headquarters office and the Service Headquarters office will annually evaluate the Refuge System Transportation Program. These assessments may include input from the FLH Division Offices and the Service Regional Offices to identify successes, issues, and best practices.
2. Program Review – In order to address the findings of the Program Assessment and to ensure compliance with existing laws, the Interagency Agreement, and the core documents for the RSTP, the FLH Headquarters office, in collaboration with the Service Headquarters office, will conduct a joint program review to ensure fulfillment of these stewardship and oversight responsibilities. If needed and agreed upon by both agencies, other outside reviewers can be included as part of the review team. The review process will be based on jointly defined program performance measures and other identified areas.
3. Risk Assessment – To identify future threats, problems and opportunities to improve the program, FLH, in cooperation with the Service, will conduct an annual risk assessment of the RSTP, following the procedures and parameters below:
   1. The risk assessment will be consistent with guidance provided by the Federal Highway Administration;
   2. The risk assessment team will include both FWS and FLH personnel and, if needed to enhance the review process, other outside reviewers agreed to by both agencies.
   3. A written report of the results of the assessment will be given to the headquarters leadership of both agencies within 60 days of completion.

(3) Program Improvement – The FLHP and the Service will mutually develop and approve any improvement actions to further the efficiency and effectiveness of the RSTP.

(4) Access to records

1. The provisions of this agreement do not preclude either office from:
   1. Access to and review of projects receiving their agency's funds within 10 business days of a written or electronic mailed request
   2. Exercising its stewardship and oversight through product evaluations/process reviews, continuous process improvement initiatives, program management activities, and other project involvement activities;
   3. In consultation with the other program, taking appropriate actions on specific projects, regardless of the previous assignment of project authority, to ensure the effective implementation of the RSTP.
2. Either office may at any time review project phases and records under this agreement. In accordance with 23 CFR 17.5, records will be retained for a minimum of 3 years or until litigation, claims, or audit findings initiated before the expiration of the 3-year period have been resolved.

This agreement does not replace the fundamental provisions of laws pertaining to the Service and FLHP.

^ Go to Top ^