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MAP-21 - Moving Ahead for Progress in the 21st Century

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Stewardship and Oversight Questions & Answers

Posted 9/25/2012

Question 1: Does MAP-21 change the State DOT's ability to assume the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspections of Interstate projects?

Answer 1: Yes. Section 1503 of MAP-21 allows State DOTs to assume such responsibilities for projects on the Interstate System to the same degree as projects on the National Highway System. It eliminates the prohibition on State assumption of responsibilities for new construction and reconstruction projects on the Interstate System exceeding $1 million in cost.

Question 2: Do the changes in MAP-21 require all Stewardship and Oversight (S&O) Agreements to be revised?

Answer 2: Not necessarily. Some S&O Agreements reference the February 22, 2007, FHWA memo regarding programmatic agreements for oversight of inherently low-risk projects on the Interstate. Section 1503 of MAP-21 has rendered this memo obsolete and the programmatic agreements unnecessary. Any reference to the memo can be deleted from programmatic agreements if the Division Office and State DOT agree to do so. While the Interstate projects for which the State DOT may assume responsibility will no longer be restricted by the specific language in the February 22, 2007, memo, MAP-21 prohibits State DOT assumption of responsibility for projects determined by the Division to be high risk.

Question 3: Will additional guidance be issued regarding FHWA's stewardship and oversight responsibilities?

Answer 3: Yes, more information on this subject will be forthcoming.

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