MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY
ADMINISTRATION AND THE GEORGIA DEPARTMENT OF
TRANSPORTATION, CONCERNING THE COMMISSION OF STUDIES AND
REPORTS FOR THE 14TH AMENDMENT HIGHWAY AND THE 3RD
INFANTRY DIVISION HIGHWAY
THIS MEMORANDUM OF AGREEMENT (hereinafter "MOA"), made and entered by and between the FEDERAL HIGHWAY ADMINISTRATION (hereinafter "FHWA"), an administration in the UNITED STATES DEPARTMENT OF TRANSPORTATION (hereinafter "USDOT"), and the GEORGIA DEPARTMENT OF TRANSPORTATION (hereinafter "GDOT"), hereby provides as follows:
WHEREAS, Numbers 3236, 3405, and 3957 of section 1702 of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109-059) (hereinafter "SAFETEA-LU") authorize $1,320,000 for GDOT to commission a study and a report for the 14th Amendment Highway; and
WHEREAS, Numbers 2737, 3358, and 3956 of section 1702 of SAFETEA-LU authorize $1,320,000 for GDOT to commission a study and a report for the 3rd Infantry Division Highway; and
WHEREAS, Section 1927 of SAFETEA-LU requires that any funds made available to commission studies and reports regarding construction of the 14111 Amendment Highway and the 3rd Infantry Division Highway be provided to the Secretary of the USDOT to carry-out studies and submit reports to the appropriate committees of Congress describing the steps and estimated funding necessary to construct these highways; and
WHEREAS, 23 U.S.C. 117(c) provides that the Federal share payable on account of project carried-out pursuant to section 1702 of SAFETEA-LU shall be eighty (80) percent of the total cost thereof;
NOW, THEREFORE, the FHWA, acting on behalf of the Secretary of the USDOT, and GDOT agree as follows:
1. The FHWA will carry-out the studies and reports for the le Amendment Highway and the 31d Infantry Division Highway as required in section 1927 of SAFETEA-LU and for which funds are authorized under numbers 3236, 3405, 3957, 2737, 3358, and 3956 of section 1702 of SAFETEA-LU. GDOT will be invited to participate in all meetings between any contractor performing work on the studies and any non-Federal committee established to advise said contractor. Furthermore, GDOT will receive any reports, technical memoranda or similar documents that are made available to any non-Federal committee.
2. GDOT will, for FY 2005, return to the FHWA the federal funds and corresponding obligation authority previously allocated to Georgia for the numbers 3236, 3405, 3957, 2737, 3358, and 3956 of section 1702 of SAFETEA-LU (other than funds in excess of obligation authority). For FY 2006, 2007, 2008 and 2009, GDOT agrees that the federal funds that would otherwise be allocated and obligation authority that would otherwise be provided to GDOT for these line items will be withheld by the FHWA (except for funds in excess of obligation authority).
3. GDOT will, for FY 2005, provide the FHWA the non-federal share associated with the federal funds returned. Additionally, for each of FY 2006, 2007, 2008 and 2009, the GDOT will, upon request of FHWA, provide the non-federal share associated with the withheld federal funds. The non-federal share, 20%, is determined by Section 117(c) of Title 23 U.S.C. Also, the GDOT will, at the time non-federal funds are provided to the FHWA, demonstrate assurance that the non-federal share comes from an appropriate source.
4. FHWA and GDOT hereby accept and agree to comply with the terms and conditions set forth in all applicable Federal and State laws and regulations. IN WITNESS THEREOF, the parties hereto have caused this instrument to be duly executed, as of the latter date noted below.
Chia J. Burbank
Associate Administration for Planning, Environment, and Realty
Federal Highway Administration
Harold E. Lin enkohl
Commissioner Georgia Department of Transportation