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MEMORANDUM OF AGREEMENT BETWEEN THE NATIONAL PARK SERVICE AND
THE FEDERAL HIGHWAY ADMINISTRATION FOR THE ADMINISTRATION
OF EMERGENCY RELIEF AVAILABLE UNDER 23 U.S.C. 125 FOR FEDERAL
ROADS OFF THE FEDERAL-AID SYSTEM

The purpose of this agreement is to establish interagency procedures through which the Federal Highway Administration (hereinafter referred to as the FHWA) and the National Park Service (hereinafter referred to as the NPS) will administer emergency relief for Federal roads not on the Federal-aid system available under 23 U.S.C. 125, and

WHEREAS, the Secretary of Transportation (hereinafter referred to as the Secretary) acting through the FHWA, is authorized to expend monies from an emergency fund authorized under 23 U.S.C. 125 for the repair or reconstruction of parkways and park roads and trails which the Secretary shall find have suffered serious damage as the result of a natural disaster over a wide area or catastrophic failure from any cause (such finding actions being referred to, hereinafter, as Finding), and

WHEREAS, authority to make a Finding for Federal agencies for parkways and park roads and trails as defined in 23 U.S.C. 101(a) has been delegated to the Regional Federal Highway Administrator in Regions 8 and 10 and the Regional Engineer in Region 15 (these Regional Administrators and Regional Engineer being referred to, hereinafter, as the (RFHA), and

WHEREAS, the NPS may from time-to-time need emergency relief for parkways and park roads and trails not on the Federal-aid system, (such roads, trails, and highways being referred to collectively, hereinafter, as Federal roads),

NOW WITNESSETH that the NPS and FHWA do hereby mutually agree as follows:

1.         GENERAL

a.       The policies, procedures, and program guidance established in the Federal-Aid Highway Program Manual, Volume 6, Engineering and Traffic Operations; Chapter 9, Special Programs; Section 16, Emergency Relief Program; Subsection 2, Procedures for Federal Agencies for Federal Roads (hereinafter referred to as FHPM 6-9-16-2) will be followed in the administration of emergency relief between the FHWA and the NPS for Federal roads not on the Federal-aid system.  By attachment as Appendix A, FHPM 6-9-16-2 is hereby made a part of this agreement.

b.      A Finding of eligibility for emergency relief requires that serious damage has occurred to Federal roads as the result of (1) a natural disturbance causing serious damage to roads over a wide area, or (2) a catastrophic failure.  It is understood that the term “wide area” can include areas outside of areas administered by the NPS and can include roads other than Federal roads.

c.       Emergency funds are available for reimbursement of costs directly attributable and allocable to preliminary engineering, construction engineering, and repair/reconstruction costs on individual emergency relief projects.

d.      Coordination between FHWA and the NPS will be as follows for emergency relief actions under the terms of this agreement:

(1)  The NPS Rocky Mountain Region, Western Region, Southwest Region (except for Arkansas and Louisiana), and the Midwest Region (for Nebraska and Kansas) will coordinate with FHWA Region 8.

(2)  The NPS Pacific Northwest Region will coordinate with FHWA Region 10.

(3)   The NPS North Atlantic Region, National Capital Parks Region, Mid-Atlantic Region, Southeast Region, Southwest Region (for Arkansas and Louisiana), and the Midwest Region (except for Kansas and Nebraska) will coordinate with FHWA Region 15.

e.       The RFHAs and Regional Directors (hereinafter referred to as RD) will

designate emergency relief coordinators (hereinafter referred to as ERFO Coordinators) in their respective regions to be responsible on a continuing basis for the overall coordination of emergency relief.

f.        Projects may be funded by a combination of emergency relief monies covering work eligible for emergency relief and other funds covering work not eligible for emergency relief.

g.       The Director, Office of Federal Highway Projects in FHWA Regions 8 and 10 or the Regional Engineer for FHWA Region 15 will be the contracting officer for any project for which FHWA agrees to perform construction engineering regardless of whether the project is financed with emergency relief funds or emergency relief funds combined with other funds.

h.       All emergency relief work will be subject to the inspection and approval of the RFHA.

2.         NOTIFICATION, DAMAGE ASSESSMENT, AND FINDING

a.  Notification – When it appears that damage or destruction of a nature, and from an event, that will justify repair or reconstruction with emergency relief  monies is occurring or has occurred to Federal roads, the NPS ERFO       Coordinator will promptly notify the FHWA ERFO Coordinator by telephone       that the NPS intends to apply for emergency relief and request that a Finding be made.  The telephone notification will be followed by a written notification from the RD to the RFHA.

(1)   The decision to notify FHWA will be made by the RD.  This decision will be made only after it is fairly clear that the conditions described in Section 1b have developed.

(2)   In addition to a statement that the NPS intends to apply for emergency relief and a request that a Finding be made, the notification should describe (a) the National Park(s), etc., where damage has occurred; (b) occurrence date(s); (c) the general location and extent of affected NPS area(s); (d) type(s) of damage; (e) a rough estimate of the cost of repair and reconstruction; (f) a general indication of the extraordinary character of the natural disturbance, and (g) if readily available, an indication of the extent of areas affected outside the National Park(s), etc.

(3)    The notification will be made during or as soon as possible after the occurrence.

b.      Acknowledgment by FHWA – The RFHA will acknowledge each notification in writing.  The acknowledgment will provide basic coordination, eligibility, damage assessment, and Finding information and procedures required by Paragraph 7b of FHPM 6-9-16-2.

c.       Field Coordination for Damage Assessment

(1)   The RFHA and RD will assign NPS and FHWA individuals to be responsible for field interagency coordination and field coordination between the NPS and FHWA, these individuals being referred to hereinafter as Field Coordinators.

(2)   The RD and RFHA will assign NPS and FHWA personnel to cooperate with Field Coordinators in making a field survey of damage for preparation of a field report and in making detailed site inspections in accordance with the provisions of Section 2d and Section 2f, respectively.  The NPS Field Coordinator may request the assignment of NPS Denver Service Center representative to assist in making the field survey if major damage exists.

(3)   NPS and FHWA Field Coordinators will arrange joint briefing meetings with NPS and FHWA inspection personnel prior to starting damage survey work.

(4)   Inspection teams consisting of NPS and FHWA personnel will be assigned jointly by the NPS and FHWA Field Coordinators at the briefing meetings.  Inspection procedures and eligibility criteria will be explained to inspection personnel by the Field Coordinators at these meetings.

(5)   Two maps depicting designated Federal roads will be provided by the NPS to each inspection team at the time briefing meetings are held.  Additional maps will be made available, as needed, for other agencies which may be involved in emergency relief operations.

(6)   During the period when damage surveys are in progress, Field Coordinators will manage their time so as to give top priority to the tasks of answering eligibility questions and ensuring consistency between survey teams, making advance arrangements for briefing sessions and subsequent damage inspections, collecting information for preparation of the field report, making changes in damage survey teams as necessary, and ensuring the general efficiency of emergency relief operations.

d.      Field Report

(1)   FHWA and NPS personnel assigned per Sections 2c(1) and 2c(2) will promptly make a field survey of damage and cooperate in the preparation of a field report.  The field report will contain information required by Paragraph 7c of FHPM 6-9-16-2 except that if the President has made a Major Disaster Declaration under the Disaster Relief Act of 1974 (P.L. 93-288), detailed information on the extraordinary nature of the natural disturbance is not required.

(2)   Unless unusual conditions prevail, it will be the intent of FHWA and the NPS to complete the field report within 3 weeks after the notification.

e.       Finding

(1)   Using the field report and any other information he deems appropriate, the RFHA will issue a Finding to the RD stating that repair or reconstruction of Federal roads is (Affirmative Finding) or is not (Negative Finding) eligible for emergency relief.

(2)    If an Affirmative Finding is made, the RFHA will delineate the area(s) covered by such Finding.  The RFHA may amend the initial Affirmative Finding to cover additional area(s) if supplementary data to that in the field report is provided to, and is acceptable to, the RFHA to support such action.

f.        Detailed Damage Site Reports

(1)   If  an Affirmative Finding is issued, FHWA and NPS personnel assigned as inspection team members pursuant to Section 2c(4) will make a detailed inspection of each damage site and cooperate in the preparation of a damage site report (DSR) to collect information required per Paragraph 7e(1) of FHPM 6-9-16-2.

(2)   For damage sites involving major damage and complicated repair or reconstruction, the NPS will assign a representative(s) of the NPS Denver Service Center who will serve as a damage assessment team member.

(3)   The DSR will be prepared in a format approved by the RFHA and will provide for high quality photographs of damage to accompany DSR’s to show extensive damage where complicated or very costly repairs are proposed, or to show damage of questionable eligibility.

(4)   Work eligibility and needs will be based on the criteria established in Paragraphs 6c, d, e, f, and g of FHPM 6-9-16-2, except that roads and trails which evolved over time without the benefit of engineered design will be eligible only for repair to preexisting conditions unless emergency repairs necessitate repair to higher standards.  Any differences in opinion between FHWA and NPS inspection personnel concerning work needed and the eligibility of work for emergency relief funding will, to the extent possible, be resolved between the FHWA and NPS Field Coordinators during the period when detailed site surveys are being conducted.  Any eligibility questions which cannot be resolved by the Field Coordinators will be forwarded to the FHWA ERFO Coordinator for resolution.

(5)   If it appears certain an Affirmative Finding will be made, the RFHA may elect to conduct these inspections at the time damage is initially assessed pursuant to Section 2d.

(6)   Due to personnel shortages, the RFHA may elect to prescribe procedures whereby NPS personnel will conduct the detailed damage site inspections and complete the DSR’s.  As a minimum, such procedures shall provide that:

(a)    FHWA personnel will conduct reviews of selected sites and DSR’s at a later date to determine the eligibility of damage, the eligibility of repair or reconstruction proposed, and whether the proposed method of construction is appropriate.

(b)   Based on the results of FHWA reviews, the NPS will make appropriate changes in inspection procedures, in completed DSR’s, in any list(s) of projects submitted per Section 3 as necessary, and will make any other changes deemed necessary by the RFHA.

3.         APPLICATION

a.       Within 3 months after an Affirmative Finding, the RD will submit an application for emergency relief to the RFHA in the form of a letter which will include a list of projects for which emergency relief is requested.  It is desirable that the list of projects indicate whether the NPS will perform the work or if the FHWA is requested to perform the work.

b.      The list of projects will be based upon the detailed site inspections conducted per Section 2f, and will include the information required per Paragraph 8b of FHPM 6-9-16-2.

c.       The list of projects shall separately identify proposed work which is eligible for emergency relief funding and work which is not eligible.

d.      If the initial list of projects is incomplete due to uncontrollable events, e.g., delays in completion of detailed site inspection due to weather, such will be noted in the application and a subsequent list(s) of projects will forwarded as quickly as possible to the RFHA for approval consideration.

4.         PROGRAMING

a.       The RFHA will advise the RD by letter which projects in the application, and in any subsequent submittals per Section 3d, are approved including any approval conditions.  If applicable, the letter(s) will provide a statement of the work FHWA agrees to perform.

b.      Approved projects shall constitute the approved program of projects (program).

c.       All requests for FHWA to perform work for emergency relief projects in addition to work requested of FHWA at the time of program approval will be made by letter from the RD to the RFHA.  The RFHA will inform the RD in writing of additional work FHWA agrees to perform.

d.      The RFHA will, as appropriate, make revisions to any programs approved based on DSR’s later found to be in need of revision as the result of reviews per Section 2f(6)(a).

e.       Permanent work must have prior program approval in accordance with Section 4a unless such work is performed as emergency repairs.  The definition of “permanent work” shall be as defined in Paragraph 3h of FHPM 6-9-16-2.

f.        Emergency repairs, including permanent work performed incidental to emergency repairs, and all preliminary engineering may begin immediately and do not need prior program approval.  Reimbursement, however, will be contingent upon the work ultimately being included in the approved program.  The definition of “emergency repairs’ shall be as defined in Paragraph 3d of FHPM 6-9-16-2.

g.       Betterments may be programmed for emergency relief participation in accordance with Paragraph 6e of FHPM 6-9-16-2 if they are clearly justified pursuant to Paragraph 6f(3) of FHPM 6-9-16-2.  The term “Betterments” shall be as defined in Paragraph 3b of FHPM 6-9-16-2.

5.         PROJECT PROCEDURES

a.       Plans, specifications, and estimates (PS&E) will be developed based on work identified in the approved program.  If the NPS plans other work in addition to that identified in the approved program, the RD will notify the RFHA in writing of the additional work planned and will specify the source of funding and method of payment for such additional work.

b.      Standards to be used in reconstruction work shall be consistent with standards in actual use for regular NPS work.  The NPS will provide FHWA with such standards for any work to be performed by FHWA.

c.       PS&E reviews and approvals, concurrence in award of contract or rejection of bids, determination that construction by the force account method is in the public interest, approval of directives, change orders, and supplemental agreements, acceptance of completed work and other administrative procedures will be in accordance with procedures established by the RFHA.

d.      The RD will notify the RFHA in writing of the semi-annual status, and completion of each emergency relief project constructed by the NPS.

e.       Where agreed to by the RFHA, simplified procedures, including abbreviated plans, will be used to expedite emergency relief work.

f.        Emergency relief projects shall be promptly constructed.  Normally, projects will be expected to be under construction by the end of the fiscal year following the year in which the disaster or catastrophic failure occurs.  Projects not under construction by the end of the second fiscal year following the year in which the disaster or catastrophic failure occurred will be reevaluated by the RFHA and will be withdrawn from the approved program of projects unless suitable justification is provided by the NPS to warrant retention.

6.         FUNDING PROCEDURES

a.       Where the NPS is to perform the work, FHWA will transfer obligational authority and liquidating cash to the NPS not to exceed the amount of the work in the approved program.  Obligational authority and liquidating cash will be transferred  between the NPS and FHWA at the Headquarters level following arrangements made between the appropriate field offices of the FHWA and NPS.

b.      The NPS has the responsibility for administering funds transferred to it.  This includes compliance with all applicable laws and regulations, and the reporting of fiscal data as may be required by FHWA.

c.       Upon completion of all work under a particular natural disaster or catastrophic failure, the NPS will submit through the RFHA a final accounting of all approved program items listing the program estimates as approved and final actual costs.

d.      During August of each year, the RD will submit to the RFHA an estimate of obligational authority and funding which will be needed by the NPS during the next fiscal year to accomplish work to be performed by the NPS to correct past disaster damage.

THIS AGREEMENT will be reviewed by the NPS and FHWA at least every 3 years to determine if changes should be sought.

RENEGOTIATION for any part of this agreement can be initiated at any time by either party.

THIS AGREEMENT shall become effective on the date of the last approving signature and will continue in effect until termination by either party upon giving a 60-day notice.

Approved:

FEDERAL HIGHWAY ADMINISTRATION
By:  Original Signed by:
Federal Highway Administrator
Date: MAY 3 1979
NATIONAL PARK SERVICE
Original Signed by:
Director, National Park Service
Date: 6/23/79


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