Agreement (MOA) #156
Between
The Military Surface Deployment and Distribution Command (SDDC)
And
The Federal Highway Administration (FHWA)

This is a MOA between SDDC and the FHWA for the administration of the Defense Access Roads (DAR) Program. When referred to collectively, the SDDC and the FHWA are referred to as the “Parties”. This MOA is replacing the expiring MOA #154.

1. BACKGROUND:
   1. The DAR Program is managed jointly by the Department of Transportation (DOT) and the Department of Defense (DoD). SDDC administers the DAR Program for the DoD. The program is co-administered by the DOT’s FHWA Office of Federal Lands Highway (FLH). State and/or local highway authorities are responsible for developing and maintaining public highways to all permanent traffic generators, including defense installations. The DAR Program involves certification of roadways as important to national defense when improvements are needed as a result of sudden or unusual defense generated traffic impacts. This certification allows the DoD funding of off-base roadway improvements. DAR funds may be expended, if consistent with 23 U.S.C. 210; 23 CFR part 660, subpart E; and DoD Manual 4510.12, to:
      1. Provide a new connection between a military installation and a new non-installation public highway;
      2. Provide urgently needed relief to existing public highways where traffic has suddenly increased due to a new installation or expanded workforce;
      3. Avoid congestion or structural failure on a non-installation public highway caused by a projected temporary surge in installation-generated traffic while constructing a DOD facility;
      4. Accommodate a new requirement for regular and frequent movements of oversized, overweight vehicles or equipment that may cause severe damage to public highways;
      5. Replace a non-installation public highway closed by military necessity;
      6. Repair damage to, or improve, primary access roads that have experienced recurrent flooding impacting the military’s mission for five consecutive days or more than five times in a 12-month period; and,
   2. If roadways are determined to be eligible, the roadway will be assessed for certification as important to national defense. If the subject road is certified, and if funding is provided, projects are constructed by public highway authorities through the FHWA's Federal-aid highway procedures using DOD funds programmed and budgeted by the military Services, appropriated by Congress, and authorized for obligation by the SDDC.
2. AUTHORITIES. The DAR Program is authorized by Title 23, United States Code, Section 210 which describes requirements for both the Secretary of Transportation and the Secretary of Defense. DoD Directive 4510.11, Transportation Engineering (Dec 2014), designates the SDDC as the administrator of the DAR Program. Other essential regulations and guidance regarding the DAR Program are in Title 23 CFR Part 660, the Federal Aid Policy Guide (FAPG) 660E (or equivalent), and DoD Manual 4510.12 (June 14, 2023).
3. PURPOSE. The purpose of this agreement is to set forth roles and responsibilities for key areas of administration undertaken by the Parties in execution of the DAR program.
4. ROLES AND RESPONSIBILITIES OF THE PARTIES:
   1. GENERAL:
      1. The SDDC will:
         1. Co-administer the DAR Program with the FHWA.
         2. Work with installations to identify defense off-post roadway needs.
         3. Review installation needs report and make formal requests to the FHWA for engineering evaluation report and recommendations.
         4. Review engineering evaluation reports and recommendations to determine eligibility of roadway for certification as important to national defense in accordance with the criteria defined in DODM 4510.12.
         5. Certify roadways as important to national defense when determination of eligibility is made per the criteria defined in DODM 4510.12.
         6. Authorize the expenditure of funds towards project execution.
         7. Monitor the execution of approved projects and expenditure of funds.
      2. The FHWA will:
         1. Co-administer the DAR Program with the DoD, by coordinating the needs of the DoD with state and local transportation officials.
         2. As requested, evaluate the needs of the DoD, including scope and cost of a project to mitigate roadway impacts identified, within the public highway system and provide a written evaluation report to the SDDC with recommendations.
         3. Coordinate and facilitate project kick-off meeting with appropriate Federal, tribal, state and local agencies.
         4. Coordinate the transfer of funds from the DoD and allocations of funds to project executors.
         5. Provide project management, project development, and project delivery services, as requested by the facility owner.
   2. EVALUATION AND CERTIFICATION:
      1. The SDDC will:
         1. Conduct a review and analysis (which includes assessment of installation needs report and the FHWA evaluation report) to make a determination on eligibility of proposed roadways for certification under the DAR program.
         2. Make a determination of fair share to be paid by the military.
         3. For roadways where determination of eligibility is made in accordance with criteria defined in DODM 4510.12, certify to the Secretary of Transportation, on behalf of the Secretary of Defense, the civil highway needs of the DoD.
         4. Provide the FHWA with a copy of the certification letter for roadways determined to be important to national defense.
      2. THE FHWA WILL:
         1. Complete an evaluation report and make recommendations in accordance with 23 CFR 660.511(a) as requested by the SDDC. The FHWA will generally complete the evaluation report within 90 days of SDDC’s request, unless the roadway being evaluated is highly complex and requires additional time.
         2. Coordinate, with highway owners, the development of an agreement that addresses the maintenance of roadway improvements funded under the DAR program.
   3. PROJECT DEVELOPMENT AND DELIVERY:
      1. The SDDC will:
         1. Participate in the project development process to ensure agreed upon scope is executed.
         2. Coordinate with the FHWA and other project stakeholders concerning transfer of appropriated funds from the DOD to the FHWA.
         3. Review and approve (as appropriate) requests for authorization of funds.
         4. Review and approve (as appropriate) requests for concurrence in project changes or special issues.
      2. THE FHWA WILL:
         1. When the FHWA is designated as the primary project delivery entity in coordination with SDDC, provide project management, project development and delivery, including (but not limited to) environmental review, design, permitting, contracting, and construction administration.
         2. When the state is designated as the primary project delivery entity in coordination with SDDC, FHWA will coordinate stewardship and oversight requirements between its Federal-Aid and Federal Lands Division Offices.
   4. PROJECT MONITORING AND FUNDING:
      1. The SDDC will:
         1. Review and approve specific requests for obligation of appropriated funds for eligible project purposes.
         2. Review financial and project status reports prepared by the FHWA.
         3. Coordinate with the FHWA, military services, and others on return of funds as needed.
         4. Coordinate with the FHWA and other project stakeholders on project issues.
      2. THE FHWA WILL:
         1. Request SDDC authorization to obligate appropriated funds which are transferred to the FHWA for construction of improvements to certified roadways.
         2. Allocate appropriated funds after the SDDC gives authorization for obligation.
         3. Monitor project status and provide written quarterly project status report for projects in planning/design phase and monthly reports for projects in the construction phase.
         4. Monitor project obligations and expenditures.
         5. Prepare and send Report SF-133 to the Defense Financial Accounting System.
5. PERSONNEL. 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. The DoD allows the FHWA project management as an eligible project cost.
6. GENERAL PROVISIONS:
   1. POINTS OF CONTACT (POC). The following POCs will be used by the Parties to communicate in the implementation of this MOA. Each Party may change its POCs upon reasonable notice to the other Party.
      1. For the SDDC:
         1. Primary: Darryl Hampton, Senior DAR Program Engineer,
            SDTE, darryl.d.hampton2.civ@mail.mil, 618-817-8531.
         2. Secondary: Bryan Hall, DAR Program Engineer, SDTE,
            bryan.l.hall6.civ@mail.mil, 618-220-5253.
      2. For the FHWA:
         1. Primary: Frances Ramirez, FLH DAR Program Manager,
            frances.ramirez@dot.gov, 202-961-8605.
         2. Secondary: Jeffrey Mann, National Program Manager,
            jeffrey.mann@dot.gov, 703-404-6230.
   2. CORRESPONDENCE. All correspondence to be sent and notices to be given pursuant to this MOA will be addressed, if to the SDDC, to:

      Chief, Office of the Special Assistant for Transportation Engineering
      Military Surface Deployment and Distribution Command
      Transportation Engineering Agency
      1 Soldier Way
      Scott AFB, IL 62225

      and, if to the FHWA, to:

      Director, Office of Federal Lands Programs
      Federal Highway Administration
      Office of Federal Lands Highway
      22001 Loudoun County Parkway
      Building E-1, Suite 150
      Ashburn, VA 20147

   3. REVIEW OF AGREEMENT. This MOA will be reviewed annually on or around the anniversary of its effective date for financial impacts and triennially in its entirety.
   4. MODIFICATION OF AGREEMENT. This MOA may only be modified by the written agreement of the Parties, duly signed by their authorized representatives.
   5. DISPUTES. Any disputes relating to this MOA will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or IAW DODI 4000.19.
   6. TERMINATION OF AGREEMENT. This MOA may be terminated by either Party by giving at least 90 day written notice to the other Party. The MOA may also be terminated at any time upon the mutual written consent of the Parties.
   7. TRANSFERABILITY. This Agreement is not transferable except with the written consent of the Parties.
   8. ENTIRE AGREEMENT. It is expressly understood and agreed that this MOA embodies the entire agreement between the Parties regarding the MOA's subject matter. Nothing in this MOA is intended, or will be construed, to create any rights or remedies for any third party and no third party is intended to be a beneficiary of this MOA.
   9. EFFECTIVE DATE. This MOA takes effect beginning on the day after the last Party signs.
   10. EXPIRATION DATE. This Agreement expires 9 years from the date of last signature.
7. FINANCIAL DETAILS: There is no specific annual appropriation of funds for the DAR Program. Funds for roadway improvement associated with certified roadways are appropriated as part of the regular military budget process on a case-by-case basis for individual projects after eligibility determination and roadway certification. Funding for eligible projects related to certified roadways is not guaranteed. The DAR Program does not provide for maintenance of roadways funded by the program, except for maintaining the structural capacity of designated gravel roads that support the Air Force (AF) Intercontinental Ballistic Missile Program (Minuteman Missile). AF Operations and Maintenance of Air Defense (OMAD) funds are used for this maintenance program. Funding for Minuteman Operations and Maintenance projects is typically appropriated on an annual basis. Funds for execution of DAR projects are transferred to the FHWA by the DOD through the Department of Treasury. Funds transferred by the DOD to the FHWA are not available to be obligated without the SDDC’s written approval.

Agreed:

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