USDA FS Agreement Number 04-M U-11020000-001

MEMORANDUM OF UNDERSTANDING
RELATED TO
ACTIVITIES AFFECTING
THE STATE TRANSPORTATION SYSTEM NFS/BLM PUBLIC LANDS
IN THE STATE OF COLORADO

TABLE OF CONTENTS

1. PURPOSE
2. ROLES AND AUTHORITIES
3. LONG RANGE PLANNING
   1. INFORMATION TO BE SHARED BETWEEN AGENCIES
   2. NFS/BLM PUBLIC LANDS HIGHWAY PROGRAM
   3. PROGRAMMATIC AGREEMENTS
4. PROJECT COORDINATION
   1. EARLY NOTIFICATION OF PROJECTS
   2. DESIGNATION OF PROJECT COORDINATORS
   3. AGENCY REQUESTS FOR COORDINATION
   4. COLLECTION AGREEMENTS
5. ENVIRONMENTAL COORDINATION AND NEPA DOCUMENT PREPARATION
   1. NEPA DOCUMENTATION AND AGENCY DECISIONS FOR FEDERAL AID PROJECTS
   2. ONE SHARED ANALYSIS
   3. ROLES AND RESPONSIBILITIES
   4. INTERAGENCY PROJECT SCOPING
   5. PUBLIC INVOLVEMENT
   6. PREPARATION, REVIEW, AND ADOPTION OF NEPA ENVIRONMENTAL DOCUMENTATION FOR BLM AND FOREST SERVICE SPONSORED PROJECTS
6. PROJECT DESIGN
   1. DESIGN PRELIMINARY FIELD REVIEW/CDOT SCOPING REVIEW AND SURVEY
   2. TIMBER
   3. BORROW PITS AND MINERAL MATERIAL SALES
   4. IMPACTS TO NATIONAL FOREST SYSTEM LANDS OR PUBLIC LANDS
   5. FIELD INSPECTION REVIEW (FIR) AND FINAL OFFICE REVIEW (FOR)
   6. FINAL DESIGN SPECIFICATION CONCURRENCE
7. RIGHTS OF WAY
   1. PERPETUAL RIGHT-OF-WAY FOR TRANSPORTATION PURPOSES
   2. AUTHORIZATION FOR OTHER USES ON NFS/BLM PUBLIC LANDS
   3. NOTIFICATION OF LAND OWNERSHIP ADJUSTMENT
8. AUTHORIZATION FOR ENTRY DURING EMERGENCY SITUATION
9. CONSTRUCTION/RECONSTRUCTION
   1. DESIGNATION OF CONSTRUCTION COORDINATORS
   2. COORDINATION DURING CONSTRUCTION/RECONSTRUCTION
   3. POST-CONSTRUCTION COORDINATION
10. MAINTENANCE
    1. GENERAL MAINTENANCE
    2. MAINTENANCE WITHIN THE ROW
    3. IMMINENT HAZARDS
    4. MAINTENANCE OUTSIDE THE ROW
    5. NON-ROUTINE MAINTENANCE ACTIVITIES
11. SIGNING
    1. GENERAL POLICIES/RESPONSIBILITIES
    2. CRITERIA FOR SIGN LOCATIONS
12. ACCESS CONTROL
13. THIRD PARTY OCCUPANCY
14. SNOW AVALANCHE CONTROL
15. DISPUTE RESOLUTION
16. CONCLUSION
    1. AGREEMENT
    2. NON-FUND OBLIGATING DOCUMENT:
    3. COMMENCEMENT/EXPIRATION:
    4. AUTHORIZED REPRESENTATIVES:

1. PURPOSE

   This Memorandum of Understanding (MOU) between the Colorado Department of Transportation (CDOT); the Federal Highway Administration, Colorado Division (FHWA); the U.S. Department of Agriculture, Forest Service, Rocky Mountain Region (USFS); and the U.S. Department of Interior Bureau of Land Management, Colorado State Office (BLM), together referred to as the agencies, establishes procedures for coordinating activities affecting the state transportation system and lands administered by the USFS/BLM within the State of Colorado.

   This MOU supersedes and replaces the MOU (USFS No. 1102-0007-97-002) of December 4, 1996, between the USFS, the BLM, the FHWA, and the CDOT.

   This MOU does not supersede or replace the requirements of any national agreements, easements, or permits between the affected agencies.

2. ROLES AND AUTHORITIES

   CDOT is responsible for planning, location, design, construction, and perpetuation of a safe and efficient public transportation system needed for the benefit of the public in accordance with Title 23, U.S.C. CDOT is also responsible for ensuring that social, economic, and environmental effects are considered in the planning, development, and maintenance of state transportation projects and that they are in the best overall interest of the public.

   The FHWA administers federal highway funding to the states. The FHWA is the lead agency for implementing the National Environmental Policy Act of 1969 (NEPA) as amended, and implementing regulations of 40 CFR 1500-1508 as they relate to Title 23 U.S.C. projects.

   The USFS and the BLM are responsible for protection, occupancy, and multiple use management of National Forest System lands NFS/BLM Public Lands and resources for the use and benefit of the public and for development of a Public Lands transportation system needed to accomplish these purposes.

   Since many public highways traverse NFS/BLM Public Lands, CDOT will need authorization to occupy such lands for rights-of-way (ROW), waste areas, material sources, and highway construction and maintenance operations.

   In recognition of the responsibilities, interests, and limitations set forth above and the mutual benefits of established procedures to facilitate agreement on specific transportation matters on or adjacent to NFS/BLM Public Lands, CDOT, FHWA, BLM, and USFS mutually agree to abide by the procedures outlined in this MOU.

3. LONG RANGE PLANNING
   
   For all project level activities, the terms USFS, BLM, and CDOT will refer to the appropriate USFS Forest Supervisor, BLM Field Office Manager, and CDOT Region Director unless otherwise noted in this MOU or designated by the respective agency. Addresses and phone numbers for administrative units of each agency are included in the attached exhibits.
   1. INFORMATION TO BE SHARED BETWEEN AGENCIES
      1. CDOT will provide the USFS and BLM with copies of the Statewide Transportation Plan and the annual Statewide Transportation Improvement Program (STIP), and with inventories and functional classification of the State transportation system. One copy of each will be sent each USFS Forest Supervisor and BLM Field Office Manager, and two copies of each will be sent to the USFS Regional Forester and BLM State Director. These plans will also be available on the web at:
         www.dot.state.co.us/DevelopProjects/PlanStudies   [ http://www.dot.state.co.us/StateWidePlanning/PlansStudies/Index.asp on 3/9/2009]
      2. The USFS and BLM will provide the CDOT's Division Director of Transportation Development with land management plans, including - amendments or revisions, if applicable, and transportation plans that indicate existing and planned land uses, and the relationship between these uses and related travel. These plans may be available on the web through the following websites:

         USFS: www.fs.fed.us/r2/tefoia.htm

         BLM: www.co.blm.gov/nepa/nepatable.htm

      3. GIS data will be shared between signatories of the MOU at no cost when such data is available.
      4. The USFS/BLM will include Regional CDOT offices on their mailing list for notification of possible actions regarding NEPA documents, forest plans and plan amendments, and transportation plan related documents.
   2. NFS/BLM PUBLIC LANDS HIGHWAY PROGRAM
      
      The CDOT Headquarters Office, the USFS Regional Office, the BLM State Office, and the FHWA Central Federal Lands Highway Division (CFLHD) will annually develop and review multiyear Public Lands Highway (PLH) programs in accordance with the MOU established between the USFS, the BLM, and the CFLHD for that purpose. CDOT will ensure that PLH projects are incorporated into the STIP.
   3. PROGRAMMATIC AGREEMENTS
      
      Early and continuous coordination between agencies will occur. Signatories will notify designated agency contacts when a programmatic agreement is initiated which may affect any other agency's activities. Each agency will assign a specific person to be the point of contact for each agreement. Each agency will agree to review and comment on the draft agreements according to an agreed upon schedule.
4. PROJECT COORDINATION
   1. EARLY NOTIFICATION OF PROJECTS
      1. The CDOT will promptly notify the USFS/BLM of proposed projects that may affect NFS lands/Public Lands.
      2. The USFS/BLM will promptly notify the CDOT of proposed projects that may affect the physical or operational characteristics of transportation facilities and associated environmental mitigation within the CDOT ROW.
      3. Notification of projects will include a description of why the project is proposed, the extent of the proposed activity, and an estimated time schedule.
   2. DESIGNATION OF PROJECT COORDINATORS
      1. Each agency shall designate a Project Coordinator to act as a key point of contact for all matters regarding the specific project. Agencies shall assure that a Project Coordinator is named and available throughout the life of a project. Designation of a project coordinator will be done in writing. This document will also prescribe the roles and responsibilities of Project Coordinators.
      2. USFS/BLM and CDOT Project Coordinators will ensure the efficient flow of project related information between the agencies throughout the planning and implementation of the project.
      3. CDOT and the USFS/BLM Project Coordinator shall prepare a coordination schedule to aid in scheduling and tracking project milestones that will include response times. A sample schedule that may be used is attached to this MOU as Exhibit 1.
   3. AGENCY REQUESTS FOR COORDINATION
      1. If an agency fails to respond to requests:

         - for designation of a coordinator,

         - attendance at scoping/coordination meetings, - other participation in project planning/design, - review/comments, or

         - permits

         The requesting agency will attempt to resolve the issue at the lowest organizational level consistent with the established project timeline.

      2. If no resolution is achieved at the lowest organizational level, the requesting agency may initiate the dispute resolution process at Item #15 of this MOU.
   4. COLLECTION AGREEMENTS
      1. Agencies may explore options for ensuring agency participation, such as collection agreements, to cover agency costs, Forest Service Enterprise Teams, reduction of the burden of participation by identification of key process points, or by other means of addressing the issues restraining participation.
      2. Collection agreements between the agencies will be negotiated on a case-by-case basis. Approval by authorized executive management of the applicable agencies is required.
5. ENVIRONMENTAL COORDINATION AND NEPA DOCUMENT PREPARATION
   1. NEPA DOCUMENTATION AND AGENCY DECISIONS FOR FEDERAL AID PROJECTS
      1. The FHWA, the BLM, and the USFS as Federal agencies, must comply with the National Environmental Policy Act (NEPA) in reaching decisions related to agency actions. Although the agencies comply with the same law, each agency has its own set of regulations, directives, and policies defining how the agency shall implement NEPA. On a single highway reconstruction project, there may be a myriad of agency decisions each requiring a different level of documentation per each agency's own implementing direction. Although every project must be evaluated on its own merits, the chart in Table 1 lays out the possible decisions and the typical NEPA documentation required by the agencies.
      2. All agencies that are party to this MOU recognize that each agency's NEPA process represents what each has defined as necessary through public review and comment, case law, and experience. Federal agencies must comply with the Council on Environmental Quality (CEQ) regulations at 40 CFR 1500 to 1508, and with the intent of NEPA for better decisions and public disclosure.
         
         Specific agency direction regarding NEPA is found at:
         
         FHWA (and CDOT): 23 CFR 771
         
         USFS: Forest Service Handbook (FSH) 1909.15
         
         BLM: BLM Manual 1790

      Table 1: Examples of Possible Decisions and the Typical NEPA Documentation Required by the Agencies

      Action	FHWA/CDOT	USFS	BLM
      CDOT Construction or Maintenance Activities within Existing Easement Right-of-Way	Typically CE; but may be EA; Rarely EIS	No NEPA Action, Coordination Only	No NEPA Action, Coordination Only
      Temporary Easement Outside of the Right-of-Way (Special Use Permit or Right of Way)	Typically CE; but may be EA; Rarely EIS	CE; but more likely EA; Rarely EIS	CE; but more likely EA; Rarely EIS
      Permanent Easement or Land Appropriation	Typically CE	Administrative Determination	Typically EA; Rarely EIS
      Mineral Materials Sale	N/A	CE; but more likely EA; Rarely EIS	CE; but more likely EA; Rarely EIS
      Long Term Disposal or Storage sites	Project development/NEPA process	CE; but more likely EA; Rarely EIS	CE; but more likely EA; Rarely EIS
      Associated Amendment to Land Management Plans	N/A	Typically EA; Rarely EIS	Typically EA; Rarely EIS
      New Construction on New Alignment	EA/EIS	EIS	EIS

   2. ONE SHARED ANALYSIS
      1. The FHWA and CDOT, the USFS and the BLM agree to "One Shared Analysis" approach as the common ground for NEPA compliance. This means that the data and the analysis performed on that data, is to be adequate for all highway related decisions required of the FHWA, BLM, or USFS. The analysis would include data and clearances (such as consultation under Section 7 of the Endangered Species Act with the U.S. Fish and Wildlife Service) required for FHWA's decision to proceed and the associated decisions by the land management agencies to authorize temporary occupancy or execute a plan amendment.
      2. The analysis then forms the backbone of the resulting environmental documentation (categorical exclusion CE, environmental assessment. EA, or environmental impact statement EIS) prepared by or for each agency. It also provides sufficient information needed to comply with other laws such as the Endangered Species Act.
      3. Such a comprehensive analysis meets the intent of NEPA for better decisions and the intent of streamlining the process by ensuring effective cooperation early in the process, thereby avoiding late-arising issues and delays. The One Shared Analysis is consistent with the existing roles and responsibilities as defined by the CEQ regulations, and outlined in this MOU.
   3. ROLES AND RESPONSIBILITIES
      1. Lead Agency (40 CFR 1501.5)
         
         The FHWA is the lead agency for federally funded transportation projects and has final decision authority for such projects. The CDOT is responsible for preparation and processing of technical environmental reports, and NEPA documents developed for those projects. The USFS/BLM may be joint lead agencies with the FHWA on federally funded transportation projects involving or affecting NFS or Public Lands for which the preparation of an EIS is required.
         
         The USFS or the BLM is the lead agency for any USFS/BLM land and resource management project or USFS federally funded transportation project. The FHWA/CDOT may be joint lead agencies with the USFS or BLM on those agencies' land and resource management projects where significant impacts to the State transportation system may be reasonably anticipated.
         
      2. Cooperating Agency (40 CFR 1501.6)
         
         The FHWA and the CDOT may be cooperating agencies on any USFS/BLM project where significant impacts to the State transportation system may be reasonably anticipated.
         
         Upon request of the lead agency, any other Federal agency which has jurisdiction by law shall be a cooperating agency. In addition any other Federal agency which has special expertise with respect to any environmental issue, which should be addressed in the statement may be a cooperating agency upon request of the lead agency. An agency may request the lead agency to designate it a cooperating agency (40 CFR 1501.6). The USFS/BLM decision authorizing the issuance of a Letter of Consent (LOC) for land transfer is based on the NEPA document(s). The BLM decision may be appealable under the their administrative appeals process.
         
         
      3. In some instances each Federal agency must prepare a separate NEPA document. In the case of a Federal Aid highway project where the project qualifies for a Categorical Exclusion under the FHWA regulations but not under USFS or BLM regulations, CDOT with FHWA oversight will produce a document containing sufficient information to satisfy the content requirements of the USFS and BLM for production of an Environmental Assessment. For a CDOT project that must be documented as an EA for USFS or BLM purposes, CDOT will develop the purpose and need statement, brief alternatives discussion (build, no build) package the analysis, and forward to the land agencies for their public notification requirements. The project would be approved as a Categorical Exclusion by the FHWA, and as an Environmental Assessment by the USFS and BLM.
         
         Using the One Shared Analysis process, the informative portion of the NEPA document is essentially the same for both the FHWA Categorical Exclusion and the land management agencies' Environmental Assessment.
   4. INTERAGENCY PROJECT SCOPING
      
      Effective and early interagency cooperation is crucial to the success of the One Shared Analysis process. Initiation of project coordination and the formal designation of a Project Coordinator are described in Section 4 Project Coordination. If the steps described in Section 4 have not been taken, they should occur as part of project scoping.
      1. During early scoping and consultation, Project Coordinators will identify to the maximum extent possible:
         1. Potential inconsistencies with land management plans.
         2. Anticipated social, economic, and environmental impacts.
         3. Travel demand estimates of the highway, forest system, or NFS/Public Lands road.
         4. Potential recreation sites and activities, physical and permitted.
         5. Endangered, threatened, proposed, or sensitive species inventories, biological evaluations, and biological assessment requirements.
         6. Existing and potentially needed wildlife crossings or fish passage.
         7. Potential historic properties, or other resources that will be protected under Section 4(f) (23 U.S.C. 138, 49 U.S.C. 303).
         8. Public lands survey monuments, location and protection.
         9. Potential staging, stockpile or storage areas.
         10. Timber clearing, means of removal and appraisal.
         11. Material sources disposal sites and borrow pits.
         12. Public involvement requirements for each agency.
         13. Other issues of special concern.
      2. The Project Coordinators will also identify the decisions that are required by their agency in order for the project to move forward, and whether additional analysis is necessary for these decisions. These needs will be addressed in the analysis done for the project.
      3. In identifying the decisions required, the Project Coordinators will identify the anticipated level of NEPA required for their agency to support the decision: categorical exclusion, environmental assessment or environmental impact statement.
      4. The lead agency will ensure that the clearances received for the transportation project include the regulatory requirements of other agencies who are not party to this MOU, including, but not limited to, ESA Section 7 Consultation with the U.S. Fish and Wildlife Service, a Section 404 under the Clean Water Act permit from the U.S. Army Corps of Engineers, and Section 106 of the National Historic Preservation Act consultation with the State Historic Preservation Office.
      5. Agencies will cooperate in addressing issues as early as possible to identify information needs and avoid late-arising concerns. Resolution of issues will be documented in agency files for reference and consistency through the life of the project.
   5. PUBLIC INVOLVEMENT
      
      The lead agency will work with the cooperating agencies to assure the public outreach and notification is sufficient for any related decisions. This may include public notices, information meetings, or public hearings. The cooperators will work with the lead agency to target interested and affected publics, permittees, landowners, and land managers.
      
   6. PREPARATION, REVIEW, AND ADOPTION OF NEPA ENVIRONMENTAL DOCUMENTATION FOR BLM AND FOREST SERVICE SPONSORED PROJECTS
      1. As part of the interagency scoping laid out in Section 5.D above, the agencies identify the level of documentation necessary for each agency to make their required decisions. Based upon the implementing direction, the agencies may have different documentation needs for related decisions, however the analysis that results from the early coordination and consultation should serve the needs of all.
      2. Options to facilitate the preparation of a NEPA document for BLM or USFS will be discussed early in the project scoping. Determination of how the document would be produced depends upon the project, the impacts, or the resources the USFS/BLM have available to devote to the project. The lead agency can prepare the NEPA document, contract with a cooperating agency for preparation of the documents/CDOT, or contract with a private consultant for preparation of the document.
6. PROJECT DESIGN
   1. DESIGN PRELIMINARY FIELD REVIEW/CDOT SCOPING REVIEW AND SURVEY
      1. CDOT and the USFS/BLM will consult to determine necessary authorizations or permits required prior to starting any field surveys or site investigations.
      2. USFS/BLM will authorize CDOT/consultant to survey, with any needed terms and conditions, and will provide data on survey monuments, maps, access routes, fire regulations, clearing limitations, material sources, and other information pertinent to the survey.
      3. The CDOT and the USFS/BLM will participate in a joint Preliminary Field Review/CDOT Scoping Review. A report documenting the review will be prepared and distributed by the originating agency.
      4. Within 30 days from the date of the design scoping meeting CDOT and USFS/BLM will coordinate a project schedule which will include timetables related to merchantable timber and mineral materials.
   2. TIMBER
      
      The USFS/BLM will retain the right to any merchantable timber not specifically appropriated. The CDOT will notify the USFS/BLM of timber within the clearing limits scheduled for removal. The USFS/BLM will determine whether a timber sale to an independent contractor or another authorization for removal is appropriate.
      1. Any merchantable timber, defined as meeting current utilization standards for saw timber (logs) and products other than logs (pol), will be, as determined by USFS/BLM: (1) stockpiled in an area designated by the USFS/BLM to be disposed of by other means, or (2) acquired by the CDOT or the CDOT contractor at fair market value as determined by an appraisal.
         
         When the USFS/BLM retain ownership of the timber cut within the clearing limits, the USFS/BLM will stipulate the necessary procedures and specifications that must be followed for items such as marking, bucking, and decking (cutting and stacking).
         
      2. The CDOT will notify the USFS/BLM of any merchantable timber that may need to be removed as a result of construction or maintenance activities. All activities related to the removal of merchantable timber will be completed in accordance with the jointly developed project schedule under Section 6.A.4 above. The clearance area required for construction will be staked by CDOT for review by the USFS/BLM in accordance with the mutually agreed upon project schedule and prior to the scheduled timber cruising operations.
      3. The USFS/BLM will provide a written appraisal and contract (if required) in accordance with the joint project schedule developed under Section 6.A.4 above. It is understood that the objective is for the appraisal to be completed at least 30 days prior to the bid opening. A timber contract (if required) would be completed no later than 30 days after CDOT awards the construction contract.
      4. If merchantable timber is being acquired by the CDOT or the CDOT's contractor, at a fair market value as determined by an appraisal, the holder of the contract will provide direct payment to the USFS/BLM for the appraised value of the timber prior to cutting. The negotiated schedule in Section 6.A.4 above should reflect the applicable dates for flagging of the cutting limit boundaries, the completion of volume estimates and corresponding appraisal, and the issuance of the contact.
      5. If the timber is stockpiled on NFS land/Public Land, the site must be identified by the USFS/BLM and agreed to by CDOT, and any necessary environmental clearances obtained.
      6. If so allowed by the USFS/BLM and after payment to the USFS/BLM, the timber can be given to the public, at no cost, for use as firewood. If this is to occur, the wood must be cut to lengths specifically for use as firewood prior to removal from the NFS land/Public Land, and designated according to USFS/BLM requirements.
         
   3. BORROW PITS AND MINERAL MATERIAL SALES
      
      Excess non-timber materials of marketable value; such as landscape rock, topsoil, or gravel; that are generated during construction activities will be temporarily stockpiled in an area designated by the USFS/BLM. The site and the length of time the material may be stored will be designated in the project specifications. Such materials are the property of the United States, and the sale or disposal of this material will follow the procedures outlined below.
      
      The USFS/BLM retain the federal management responsibilities for all mineral materials. The negotiated project schedule must reflect all issues and decisions regarding the disposal or use of mineral resources.
      1. Sale of Mineral Material - A USFS/BLM mineral material contract/permit is required whenever material is removed from a borrow pit or excess material is removed from the construction site. This contract/permit for a borrow pit is for the excavation, crushing, screening, and removal only. Further processing of the material such as batch plants will require a separate authorization from the USFS or BLM.
         
         The sale of materials contract will be issued by USFS/BLM to CDOT's contractor within 20 days from the date of CDOT's notification to the USFS/BLM that the construction contract has been awarded.
      2. Fair Market Value - USFS/BLM must collect fair market value for mineral materials taken from NFS/Public Lands.
         1. Free Use - Mineral material generated on NFS/Public Lands and used in a public purpose project, such as a highway construction project, is free of charge. Coordination between USFS/BLM and CDOT will be required.
         2. Excess material removed from NFS/Public Lands and/or sold for commercial purposes, other than for public projects, must be purchased by CDOT or by CDOT's contractor at fair market value.
            1. Fair Market Value may be determined by use of existing USFS/BLM value schedule or by separate appraisal at the discretion of CDOT.
            2. Appraisals conducted by CDOT or private parties must be reviewed and approved by USFS/BLM specialists.
      3. Excess Material - With approval by USFS/BLM, material can be either stockpiled on a USFS/BLM and CDOT mutually agreed upon site for use/sale by USFS/BLM, or purchased by CDOT or CDOT's contractor at the determined fair market value and removed from the project.
      4. Borrow Pit Reclamation - USFS/BLM contracts and permits will contain requirements to rehabilitate the used area. CDOT will hold the contractor responsible for meeting these requirements.
   4. IMPACTS TO NATIONAL FOREST SYSTEM LANDS OR PUBLIC LANDS
      
      Features of construction/reconstruction projects that may have an effect on the protection and utilization of the land traversed by the ROW and adjoining land under the administration of the USFS/BLM will be mutually agreed upon by the USFS Regional Forester/BLM State Director and the CDOT by conference or other communication during the preparation of the plans and specifications for each project. The responsibilities will be documented in writing on each project.
   5. FIELD INSPECTION REVIEW (FIR) AND FINAL OFFICE REVIEW (FOR)
      1. The CDOT will provide the USFS/BLM with two sets of preliminary plans and notify the USFS/ BLM of the scheduled CDOT Field Inspection Review (FIR).
      2. The USFS/BLM will participate in the FIR and submit comments to CDOT in accordance with the agreed upon project schedule.
      3. The CDOT will provide the USFS/BLM with two sets of construction and ROW plans along with proposed general contract provisions covering work affecting NFS/BLM Public Lands, and notify the USFS/BLM of the scheduled CDOT Final Office Review (FOR). The general contract provisions will include any appropriate USFS/BLM Fire Plan, Clearing Plan, and Erosion Control Plan.
      4. The USFS/BLM will participate in the FOR and submit a concurrence letter to the CDOT, acknowledging approval and/or recommended changes to the final plans and specifications in accordance with the agreed upon project schedule.
         1. The CDOT will incorporate mutually agreeable recommendations from the FIR and FOR in plans and specifications. Disputes will be resolved as per Section 15 of this MOU.
   6. FINAL DESIGN SPECIFICATION CONCURRENCE
      
      The CDOT will submit final design and construction specifications to the USFS Regional Forester/BLM State Director, or their delegated representative, for written concurrence. Construction shall not begin prior to receiving written concurrence.
7. RIGHTS OF WAY
   1. PERPETUAL RIGHT-OF-WAY FOR TRANSPORTATION PURPOSES
      1. After preliminary design is complete and following the Field Inspection and Review (FIR), the CDOT will submit to the FHWA a request for appropriation and transfer of land interests for transportation purposes sufficient to accommodate the proposed project. FHWA/CDOT will ensure that all permanent facilities, such as drainage structures, bridge abutments, will be included in the request for a permanent ROW. The request will be accompanied by the final ROW plans (alignment, topography, and proposed ROW lines).
      2. The FHWA will evaluate the request for appropriation and, if in agreement, request a Letter of Consent (LOC) from the USFS/BLM. The USFS/BLM have four months from the date of receipt of the request to respond for a LOC. If the USFS/BLM do not respond within the four months, FHWA may proceed with the appropriation of lands.
      3. The USFS/BLM will review the request for LOC and, if approved, issue a LOC with stipulations to the FHWA, with a copy to the CDOT. Upon issuance of the LOC, the USFS/BLM authorizes immediate entry on the NFS/BLM Public Lands subject to the terms set forth in the stipulations and LOC.
      4. The CDOT will prepare a U.S. Department of Transportation easement deed based upon authorized ROW plans that contain the stipulations and reduced plan set showing the property requested. The CDOT's Chief Engineer will execute the easement deed for the CDOT, approving the stipulations, and the Colorado Attorney General's office will review the easement deed for legal sufficiency and return the easement deed to CDOT to be forwarded to the FHWA.
      5. The FHWA and the FHWA's Chief Counsel will review the easement deed. If it meets the requirements of the LOC and its stipulations, the FHWA will execute the deed and return it to the CDOT for recording.
      6. The CDOT Headquarters Office will provide four (4) copies of the recorded easement to the FHWA for distribution to the appropriate offices of the USFS/BLM.
   2. AUTHORIZATION FOR OTHER USES ON NFS/BLM PUBLIC LANDS
      1. If a facility operated and maintained by CDOT is located within a DOT or other legal highway ROW (such as a reservation within a deed for lands acquired by USFS/BLM) and serves a transportation purpose, no further authorization is needed from USFS/BLM. CDOT will consult with the USFS/BLM regarding changes to these facilities.
      2. If a facility or use is located outside of the easement ROW or the activity impacts NFS/Public Lands outside the easement ROW, a separate authorization is required from the USFS/BLM, regardless of the type of use. The appropriate CDOT Region Office will comply with the USFS or BLM procedures for use or occupancy of NFS/BLM Public Lands.
      3. A USFS Special Use Permit held by CDOT is no longer the appropriate legal ROW for highway/transportation purposes. These documents will be transitioned into CDOT easements through the process outlined in Section 7.A of this MOU.
   3. NOTIFICATION OF LAND OWNERSHIP ADJUSTMENT
      
      The USFS/BLM will notify the CDOT Headquarters Right Of Way Office of any proposed land ownership adjustment or land exchanges affecting CDOT facilities or ROW. Upon notification, the CDOT will determine the necessity of applying for an easement deed to protect its interest prior to completion of the land exchange.
      
      
8. AUTHORIZATION FOR ENTRY DURING EMERGENCY SITUATION
   1. In the case of emergencies (floods, slides, etc.), the CDOT may conduct work outside the ROW to repair problem area(s) and will promptly notify the USFS/BLM of actions taken or proposed.
   2. The USFS/BLM may construct temporary approaches as necessary during fire fighting or other emergencies without formal CDOT approval. The USFS/BLM will notify the CDOT as soon as practicable. Following emergency use, necessary obliteration and restoration measures will be made at no expense to the CDOT. The USFS/BLM will take precautions during such emergencies to safeguard highway users.
      
      
9. CONSTRUCTION/RECONSTRUCTION
   1. DESIGNATION OF CONSTRUCTION COORDINATORS
      
      The CDOT and the USFS/BLM will designate respective Construction Coordinators to provide coordination on matters related to the construction work or changed conditions that may alter the land allocations for approved plans.
   2. COORDINATION DURING CONSTRUCTION/RECONSTRUCTION
      1. The CDOT will invite the USFS/BLM to attend the pre-construction conference with the successful bidder.
      2. After the LOC is issued and during construction, and before committing to any action, CDOT will consult with the USFS/BLM Construction Coordinators prior to approving any changes in design, materials, plans, or specifications that may affect NFS/BLM Public Lands or resources.
      3. Changes in ROW requirements or conditions affecting the project NEPA decision that occur during construction or reconstruction activities may necessitate additional analysis and coordination.
      4. In preparation for final inspection, the CDOT will invite USFS/BLM to participate in a site visit.
   3. POST-CONSTRUCTION COORDINATION
      1. FHWA/CDOT, in coordination with the USFS/BLM, will continue to monitor project mitigation measures to ensure effectiveness and compliance with NEPA decisions and permit requirements.
      2. Project and construction coordinators shall evaluate, on a project specific basis, what processes or coordination worked well or not at all. Processes that worked well should be implemented into future projects and possibly this statewide agreement.
10. MAINTENANCE
    1. GENERAL MAINTENANCE
       1. Maintenance is defined as restoration and upkeep to preserve the entire facility, including roadway, shoulders, slopes, drainage improvements, safety devices, and other features consistent with the stipulations in the LOC. Maintenance also includes snow removal, sanding, mowing, vegetation removal, culvert and ditch cleaning, and other services necessary for its safe and efficient operation. Maintenance does not include activities that result in betterment or a higher service level of the facility, such as realignment, widening, or other improvements considered to be reconstruction.
       2. The CDOT will conduct maintenance activities to preserve and enhance scenic, environmental, and safety characteristics of transportation facilities to be compatible with the adjacent NFS/BLM Public Lands and resources.
       3. With respect to maintenance activities only, the term ROW is defined as the legal limits of the easement if an easement exists, or the area between the existing top of cuts and toe of fills if no easement exists.
       4. For use of biological or chemical control in clearing or vegetation maintenance on any NFS/BLM Public Lands, the CDOT will: follow the provisions contained in the highway easement deed if within a ROW covered by an easement; consult with the USFS/BLM if within a ROW not covered by an easement; or obtain written approval for outside the limits of the ROW.
       5. Use of De-Icers: The CDOT Research Panel has been established in order to determine the potential effect of de-icers on vegetation near the roadway. The USFS, FHWA, and CDOT are part of the interagency research panel. Any information developed will be shared among signatory agencies for follow-up as appropriate.
    2. MAINTENANCE WITHIN THE ROW
       1. The CDOT will notify the USFS/BLM of any merchantable timber that may be removed or damaged as a result of maintenance activities, prior to that activity (see Section 5.B).
       2. Maintenance activities within the ROW will not require coordination.
       3. The CDOT will notify the USFS/BLM when facilities such as fences or cattle guards that are USFS/BLM responsibility are not being adequately maintained or will be impacted by CDOT maintenance within the ROW.
    3. IMMINENT HAZARDS
       
       The CDOT may remove imminent hazards, such as rockslides or trees, without formal USFS/BLM approval and will notify the USFS/BLM as soon as practicable. Removed material will be disposed of at locations mutually agreeable to the CDOT and the USFS/BLM.
    4. MAINTENANCE OUTSIDE THE ROW
       
       The CDOT will coordinate with the USFS/BLM on any maintenance activities, which may affect NFS/BLM Public Lands outside the ROW. Snow avalanche control is covered under Section 14.
    5. NON-ROUTINE MAINTENANCE ACTIVITIES
       
       Non-routine maintenance activities within the ROW such as significant amounts of clearing, changes in established drainage patterns, and material sources and storage/disposal sites will be mutually agreed upon by the USFS/BLM and the CDOT by conference or other communication prior to commencing the work.
11. SIGNING
    1. GENERAL POLICIES/RESPONSIBILITIES
       
       The agencies should jointly develop a project public access sign plan in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado supplement of the MUTCD. Examples of common signs are shown, but are not limited to those, in Exhibit 2 of this agreement.
       
       Any signing needs not covered under this section will be proposed, mutually reviewed and approved on a site-specific basis by USFS/BLM and the CDOT. Unresolved problems and items requiring approval of higher authority will first be referred to the CDOT Sign Variance Committee. If the USFS/BLM and the Sign Variance Committee do not resolve the issues, they will be referred to upper management using the dispute resolution process
       1. The CDOT will furnish, install, and maintain all regulatory, warning, and guide signs, other than those requested by the USFS/BLM, within the ROW along the interstate and State highway systems.
       2. USFS/BLM requested signs will be mutually reviewed and agreed upon by the USFS/BLM and the CDOT to assure compliance with this MOU, the "Manual on Uniform Traffic Control Devices (MUTCD)" and CDOT standards. The USFS/BLM will furnish, install, and maintain the following signs:
          1. USFS/BLM Boundary Signs (Exhibit 2, Signs BDY-1, BDY-2, and BDY-3).
          2. Special interpretive signing.
       3. Other signs needed for USFS/BLM management. USFS/BLM requested signs guiding motorists to USFS/BLM facilities will be funded as follows:
          1. Furnishing of signs and initial sign installation will be funded on a case-by-case basis, depending on the scope of the proposal and funding availability, and, may be provided by either agency or on a cost shared basis (i.e., USFS/BLM furnish and CDOT install).
          2. The CDOT will maintain these signs after installation.
          3. USFS/BLM requested signs will be manufactured to CDOT requirements.
       4. Location and installation of specific service (LOGO) signs and tourist oriented directional signs (TODS) within the limits of USDOT easements across NFS/BLM lands, is the responsibility of the CDOT, and will be done in conformance with the MUTCD and CDOT standards.
       5. The CDOT will review proposed sign locations with the USFS/BLM prior to selecting final locations.
       6. Only the most direct route for any destination will be signed.
       7. Existing signs on the State Highway System, which do not meet the standards established in this MOU may be removed by the CDOT after prior written notification to the USFS/BLM of signs to be removed. USFS/BLM recreation site guide and identifier signs shall consist of white lettering or symbols on a brown background.
       8. USFS/BLM boundary signs shall include the respective agency's shield.
    2. CRITERIA FOR SIGN LOCATIONS
       1. USFS/BLM Lands Access (See Examples in Exhibit 2, Sign ACC-1, ACC-2, and ACC-3). Install at locations where roads that provide all-weather, passenger car access to USFS/BLM developed recreation site originate from State highways.
       2. NF Boundary/BLM Boundary (See Examples in Exhibit 2, Signs BDY-1, BDY-2, and BDY-3) - Install at points where a highway first crosses USFS/BLM boundary
       3. Visitor Information Sites (See Examples in Exhibit 2, Signs INF- 1 and INF- 2) - Install for staffed facilities that are adjacent to a State highway, are within ten (10) road miles of a Federal lands boundary, and are located in a rural area or a community of less than 50,000 population.
       4. Developed Recreation Sites and other recreation areas - Signs will meet the requirements of MUTCD Section 2H-08 and depicted in Figure 2H-2 of the MUTCD. Sites generally should be located within 1 mile of the State highway, have physical improvements (other than roadway), be identified on USFS or BLM visitor maps, and provide parking for at least 10 vehicles. Included are such sites as
          1. Campgrounds - when sanitary facilities are provided.
          2. Picnic areas - when sanitary facilities are provided.
          3. Overlooks - when interpretive signing is provided.
          4. Fishing Access Sites - when accessible for handicapped persons (exempt from 10 vehicle minimum parking limitation).
          5. Historical information sites.
          6. Other points of interest (as mutually agreed).
       5. Primary Access Roads (See Examples in Exhibit 2, Signs RD-1 and RD-2) - Install at junctions with USFS/BLM roads, which are maintained for passenger car traffic.
       6. Scenic Byways (See Example in Exhibit 2, Sign SB-1) - Install at locations established under the Guidelines for Scenic Byway Signing (attached).
       7. Wildlife Viewing Areas (See Example in Exhibit 2, Sign WW-1) - Install at sites identified in the Colorado Wildlife Viewing Guides and in accordance with CDOT Guidelines.
       8. Other areas as mutually agreed. (e.g. interpretive waysides, scenic overlooks).
12. ACCESS CONTROL
    1. Access to interstate highways will be only by established interchanges, except for emergency use in accordance with the rules and regulations governing the Interstate Highway System.
    2. The USFS/BLM and its permit holders will obtain a State Highway Access Permit for any new or revised road approaches to State highways. New approaches will be the responsibility of the permittee unless specifically addressed in the permit.
13. THIRD PARTY OCCUPANCY
    1. The grant of an easement to the CDOT by the FHWA does not include the grant of any rights for non-highway purposes, facilities, or occupancy by third parties. In the case of a public utility wishing to locate on highway ROW over NFS/BLM Public Lands, the CDOT will advise the utility that it must apply to the USFS/BLM for a permit of occupancy. The CDOT may also issue a permit to the utility to control highway related activities.
    2. The CDOT and the USFS/BLM will consult before any third party occupancy permits and/or other encumbrances are acted upon to determine if such occupancy may impact highway safety, maintenance, and efficiency. If it is determined that such impacts would occur, the USFS/BLM will request CDOT review and concurrence prior to approving occupancy.
14. SNOW AVALANCHE CONTROL
    1. A statewide avalanche management plan will be prepared and maintained by the CDOT to specify methods of snow avalanche hazard reduction, public and employee safety, protection of public and private property, rescue procedures related to highway operations, and other elements of avalanche control operations that are uniform across the State. Local operating procedures will be developed to prescribe site-specific avalanche management activities and may include maps and photographs, area control measures, gun placements, media contacts, location and responsibility for warning signs, and names and/or positions of personnel responsible for various activities. These local procedures will become part of the statewide plan and will be prepared in cooperation with CDOT Regions and local USFS/BLM field offices. The statewide avalanche management plan will be approved by the USFS Regional Forester and the BLM State Director.
    2. The CDOT, the USFS and the BLM mutually agree to cooperate in highway maintenance and advance warning signing as it relates to snow avalanche reduction activities and safety in accord with the general principles and specific procedures outlined in this MOU.
15. DISPUTE RESOLUTION
    1. All agencies agree to work cooperatively to avoid and resolve conflicts. The agencies agree to explore issues thoroughly before seeking to use this dispute resolution mechanism by ensuring that adequate communication has occurred, that all agencies fully understand the issues, and the reasons why an agency is committed to a position. All agencies agree to explore answers that may be "outside the box" or a different way of looking at an issue.
    2. If disagreements emerge which cannot be resolved, the impasse shall be escalated as follows:

       FS/BLM Project Coordinator	CDOT Project Coordinator	FHWA Operations Engineer
       Director and/or Forest Supervisor or Field Office Manager	Regional Transportation Director	Program Delivery Engineer
       Deputy Regional Forester or Associate State Director	Chief Engineer	Assistant Division Administrator
       Regional Forester or State Director	Executive Director	Division Administrator

       
       
       When the parties at the lowest organizational level of the agencies have agreed to escalate, a meeting date will be established within 5 days. At that time, the agencies from both levels will meet to discuss the issues and come up with a resolution. If an agreement cannot be reached, then the issue will be escalated to the next level and a meeting date established within 5 working days. At that time, the agencies from all three levels will meet to discuss the issues and come to a resolution. If an agreement cannot be reached, the issue will be escalated to the highest level and a meeting date established within 5 working days. At that time, all agencies will come to resolution.
    3. Mediation and facilitation may be used at any level to help expedite resolution.
    4. Documentation of all disagreements and resolutions shall be furnished to all involved agencies and included in the project file.
16. CONCLUSION
    1. AGREEMENT
       
       IT IS MUTUALLY UNDERSTOOD AND AGREED BY and BETWEEN the AGENCIES THAT:
       1. Freedom of Information Act (FOIA): All information furnished to any Federal agency under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).
       2. Modification: Modifications within the scope of the instrument shall be made by mutual consent of the agencies, by the issuance of a written modification, signed and dated by all agencies, prior to any changes being performed.
       3. Participation in similar activities: This instrument in no way restricts the agencies from participating in similar activities with other public or private agencies, organizations, and individuals.
       4. Termination: Any of the agencies, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration with a minimum of 60 days notice.
       5. Principal contacts for this MOU are:
          
          

          U.S.D.A. Forest Service
          Director of Physical Resources
          Director of Engineering

          Phone: (303) 275-5171

          Federal Highway Administration
          Program Delivery Engineer

          Phone: (303) 969-6730

          Bureau of Land Management
          Branch of Reality and Appraisal

          Phone: (303) 239-3708

          CDOT
          Director of Staff Branches

          Phone: (303) 757-9501

       6. Responsibilities of Agencies: The agencies will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursing these objectives. Each agency will carry out its separate activities in a coordinated and mutually beneficial manner.
       7. Establishment of Responsibility: This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity, by a party against the United States, its agencies, its officers, or any person.
    2. NON-FUND OBLIGATING DOCUMENT:
       
       Nothing in this MOU shall obligate the agencies to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the agencies will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations.
    3. COMMENCEMENT/EXPIRATION:
       
       This MOU takes effect upon the signature of the last written date of the signatories and shall remain in effect through January 1, 2009, at which time it will expire unless extended.
    4. AUTHORIZED REPRESENTATIVES:

By signature below, the agencies certify that the individuals listed in this document as representatives of the agencies are authorized to act in their respective areas for matters related to this agreement.

THE AGENCIES HERETO have executed this MOU as of the last written date below:

EXHIBIT 1

EXHIBIT 2
(TYPICAL SIGNS)

EXHIBIT 3 CDOT REGION OFFICES

Region # Regional Transportation Directors

1 Jeff Kullman
18500 E. Colfax Ave.
Aurora, CO 80011
Phone: (303) 757-9371
Email: Jeff.Kullman@dot.state.co.us

2 Bob Torres
905 Erie Ave.
Pueblo, CO 81002
Phone: (719) 546-5452
Email: Robert.Torres@dot.state.co.us

3 Owen Leonard
222 South 6th St., #317
Grand Jct., CO 81501-2769
Phone: (970) 248-7225
Email: Owen.Leonard@dot.state.co.us

4 Karla Harding
1420 2nd Street
Greeley, CO 80632
Phone: (970) 350-2101
Email: Karla.Harding@dot.state.co.us

5 Richard J. Reynolds
3803 N. Main Ave., #306
Durango, CO 81301
Phone: (970) 385-1402
Email: Richard.Reynolds@dot.state.co.us

6 John Muscatell
2000 South Holly St.
Denver, CO 80222
Phone: (303) 757-9459
Email: John.Muscatell@dot.state.co.us

EXHIBIT 3 CDOT MAINTENANCE SECTION MAP AND CONTACTS

EXHIBIT 4 FOREST SERVICE FIELD OFFICES - COLORADO

EXHIBIT 5 COLORADO BLM FIELD OFFICE DIRECTORY