MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED STATES DEPARTMENT OF THE ARMY,
U.S. ARMY CORPS OF ENGINEERS (USACE)
AND
UNITED STATES DEPARTMENT OF TRANSPORTATION,
FEDERAL HIGHWAY ADMINISTRATION (FHWA)
FOR
THE FEDERAL LANDS TRANSPORTATION PROGRAM (FLTP)

1. Background.

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

   This MOU documents the understandings of the Parties regarding established 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 FLTP. Recognizing that FHWA has a long history of providing technical assistance to Federal Lands Management Agencies (FLMA), this MOU also provides information regarding the FHWA's ability to provide services to the USACE on a reimbursable basis under 23 U.S.C. § 308. As provided herein, any efforts to utilize the authority under § 308 must be handled under separate agreements. 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.

   The authority to enter into this MOU is: 23 U.S.C. § 201, which directs 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.

3. Purpose.

   This MOU encourages long-term interagency collaboration for implementation of the FLTP, reiterates the general roles and responsibilities of the Parties under the FLTP, and fosters cooperative relationships to promote the sharing of technical expertise and the successful delivery of the FLTP.

4. Understandings of the parties.
   1. In fulfilling their roles and responsibilities under the FLTP, the Parties will work together and collaboratively use Title 23, U.S.C., funds to improve transportation access to and through federal lands.
   2. In implementing the FLTP, the FHWA acknowledges and respects the mission of the USACE and recognizes that ownership and management responsibilities of the USACE federal lands transportation facilities, other public transportation assets, and surrounding federal lands impacted by transportation resides with the USACE for its transportation facilities.
   3. The USACE acknowledges and respects the mission of the FHWA and recognizes that the primary stewardship and oversight responsibility for the administration of the FLTP resides with the FHWA.
   4. The Parties will designate the office or official title of the individual within their respective organizations that has overall responsibility for the administration of the FLTP.
   5. Role of the USACE.
      1. Comply with governing legislation, regulations and related implementation guidance for the FLTP.
      2. Submit a program plan of proposed FLTP projects annually, in accordance with 23 U.S.C. §134 and §135, to the Office of Federal Lands Highway (FLH) for inclusion in the Statewide Transportation Improvement Program (STIP).
      3. Once known, notify the FLH of the agency that will deliver the USACE projects on the plan referenced in section 4.5.2., and inform the FLH of any changes to the project schedule as soon as practicable.
      4. Ensure that all proposed program changes are approved by the USACE Headquarters office and the FLH or their delegated representatives.
      5. Cooperate with FHWA on environmental reviews pursuant to 23 U.S.C. §139.
      6. Follow the procedures and reporting requirements identified in FLH's Stewardship and Oversight Guidance.
      7. For those activities and projects undertaken by the USACE and receiving funding authorized under 23 U.S.C., the USACE will furnish appropriate project status reports and technical documents to the FLH, as requested.
   6. Role of the FHWA.
      1. Provide national leadership on FLTP administration, policy development, innovation deployment, and project delivery functions.
      2. Ensure the FLTP is administered in conformance with Titles 23 and 49 U.S.C and Titles 23 and 49 of the CFR, and administrative guidance issued by FHWA.
      3. Provide primary stewardship and oversight of the transportation funds entrusted to FHWA in accordance with the FLH's Stewardship and Oversight Guidance, latest edition.
      4. Provide a detailed accounting to the USACE of all FLTP funds authorized for USACE projects, but withheld by FHWA for administrative, stewardship, compliance, and oversight purposes or withheld for collaborative research and planning projects that involve and/or benefit participating FLTP agencies.
      5. Ensure transportation planning procedures and processes are consistent with 23 U.S.C. §134 and §135.
      6. Review and approval of the STIP in accordance with 23 U.S.C. §134 (g) (6).
      7. Provide guidance on the FLTP investment strategy and accomplishments reports. Provide feedback on the submissions and available information, as appropriate.
      8. Cooperate with USACE on environmental reviews pursuant to 23 U.S.C. §139.
      9. Ensure that documentation for environmental assessments and categorical exclusions for FLTP funded improvements are in accordance with 23 U.S.C. 139, FLH's Stewardship and Oversight guidance and any form or policy developed by FLH.
      10. Promote the deployment of innovative technologies in consultation with the USACE.
      11. In accordance with the provisions of 23 U.S.C. § 308, the FLH is available to perform engineering services, transportation planning assistance, engineering studies, traffic engineering services, project development, and construction contract administration. Any request from USACE for FLH to perform such services will be made under separate agreements in accordance with applicable laws, regulation, and procedures.
   7. Project Management. All USACE projects receiving funding authorized under 23 U.S.C. will:
      1. Have a written Project Management Plan 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 American Association of State Highway Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, AASHTO Guidelines for Geometric Design of Very Low-Volume Local Roads, A Guide for Achieving Flexibility in Highway Design, and the Manual on Uniform Traffic Control Devices for Streets and Highways; and
      3. Cite the latest edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.
   8. Technology Deployment. The Coordinated FLH Technology Implementation Program (CTIP) will be funded with one half of one percent of the USACE portion of the FLTP. CTIP is a cooperative technology deployment and sharing program between the FLH and the FLMAs.
   9. Funding and reporting.
      1. For projects administered by the USACE and receiving funding authorized under 23 U.S.C.:
         1. The FHWA will transfer obligation (contract) authority to the USACE following the procedures described in our Funds Transfer Guide, latest edition; generally by means of an allocation letter. A program code is established to track funds separately from other Title 23 funds allocated to USACE. The FWHA Office of Budget issues an advice of funds available for obligation (Form FWHA-370).
      2. The USACE will track obligations and expenditures of funds as described in allocation correspondence;
         1. The USACE will furnish financial reports to FHWA in accordance with standard accounting procedures, and;
         2. The USACE will provide a detailed accounting report for all the FLTP funds received, authorized under 23 U.S.C., and directly administered by the USACE, as requested by FLH.
         3. The USACE will fully participate in the August redistribution of excess obligation limitation.
5. General Provisions.

   Points of contact:

   For the USACE:

   Chief, Natural Resource Management, 202-761-1228
   CECW-CO-N
   441 G Street, NW
   Washington, DC 20314-1000

   For the FHWA:

   Federal Lands Highway Program Coordinator, 202-366-9494
   HFPD-6
   1200 New Jersey Avenue, SE
   Washington, DC 20590

6. 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 act. Nothing in this MOU abrogates the responsibility of any USACE 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 USACE or FHWA.
   6. No enforceable rights. This MOU does not create any substantive or procedural right enforceable at law or equity against the United States or its officers, agents, and employees.
7. Manpower. This MOU does not document nor provide for the exchange of manpower 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.
8. Modification of MOU. This MOU may only be modified by the written agreement of the Parties, duly signed by their authorized representatives.
9. 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.
10. Termination of understanding. Any Agency may withdraw from this MOU after 60 days written notice to the other Party.
11. Transferability. This MOU is not transferable except with the written consent of the Parties.
12. Effective date. This MOU is executed as of the date of the last signature shown below and shall be in effect for a period not to exceed 10 years, at which time it will be subject to review, renewal, revision, or expiration.
13. Review of agreement. This MOU will be reviewed at the end of five years, at which time 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. 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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