WHEREAS. the Bureau of Indian Affairs (hereinafter referred to as "BIA") in the fulfillment of its statutory responsibilities has responsibility for a continuing Road Construction Program on Indian reservations for the improvement of roads and bridges; and
WHEREAS, Section 208(b) of Title 23, United States Code, provides that "all construction thereof shall be under the general supervision of the Secretary of Transportation"; and
WHEREAS, the Federal Highway Administration (hereinafter referred to as the "FHWA") has an engineering organization proficient in the administration of highway construction; and
WHEREAS, the BIA, in the interests of efficiency and economy, desires to utilize the professional services of the FHWA to perform a "Road Needs Study" on roads which are or may be included as a BIA responsibility;
NOW, THEREFORE, the BIA and the FHWA do hereby mutually agree to the terms set forth below:
1. SCOPE AND RESPONSIBILITIES
a. BIA will provide FHWA with a listing of all routes to be studied and will provide accompanying maps of the various reservations which will show approximate locations of all routes listed.
b. The BIA listings of routes will identify each route to a specific area, agency, and reservation.
c. BIA maps will generally provide data re: states, counties, and congressional districts which the routes traverse.
d. FHWA will utilize listings and maps to locate routes to be studied.
e. FHWA will gather or develop all field input data for all routes in conformance with the requirements of the accompanying "Road Needs Study" data sheet except as the requirements may be modified in the planning and development by methods which may be suggested and approved prior to performance of the field work.
f. BIA will prepare and provide individual route maps for each road to be studied. They may be in the nature of sketch maps and will not necessarily reflect desired details indicated as necessary for the finished inventory route map.
g. FHWA will appropriately identify roadway sections on route maps, simultaneously with data gathering operations, to insure proper identification of route and section to data.
h. FHWA will prepare maps in the desired and necessary detail and scale as may be necessary for reproduction, clarity, or other purposes of the Needs Study process. This will generally encompass the requirements set forth in the "Draft Instructions for Indian Road Needs Report" as a check list for route maps.
i. BIA will assist in providing FHWA with any data which is readily available regarding existing ADT, planned surface types, R/W width, roadway section and design information, and such cost data which would be helpful in estimating costs for improvement, or other information pertinent to the "Road Needs Study."
j. FHWA will be responsible for the computer programing package necessary for input and processing data, formatting, and printout for use on the BIA computer, to the output format shown in the attached "Instructions for Indian Road Needs Report dated Sept. 18, 1973 .
a. FHWA at the several administrative levels of the organization shall develop a detailed method for accomplishing the work described herein above and an estimated cost for performance of the work.
b. The Commissioner of the BIA shall act to ensure that subordinate levels of BIA, Division of Transportation, or other selected personnel will be available to work with and assist FHWA field parties engaged in the work and provide maps, listings, or other data which is or may become available.
c. The BIA highway engineer, or his authorized representative, will serve as BIA's project coordinator and principal contact with the FHWA. He shall be responsible for the coordination of activities between the FHWA and BIA for interpretation on specific work requiring detailed definition. In this role he may collaborate directly with FHWA designated officials and BIA designated officials for the collection of data and other information necessary to the project.
a. Upon approval of this memorandum of agreement by BIA and FHWA, the BIA shall initiate a transfer of funds to FHWA in an amount of $ 50,000 for planning and development of methods to be used in collecting and compiling the required data.
b. Upon approval by BIA of the FHWA estimated costs and plans for performance, BIA shall initiate a transfer of funds estimated for performance of the work outlined in said plan.
c. If in the course of performing the work it becomes evident to FHWA that insufficient funds have been estimated and transferred for completion of the work, BIA and FHWA shall review the request and justification for additional funds.
d. It shall be FHWA’s responsibility to notify BIA and provide justification at least thirty (30) days in advance of need for funds in order that work can be terminated in the event BIA determines this will be in the best interests of the Bureau.
e. FHWA shall return to BIA any and all unexpended funds transferred to FHWA by BIA for either the purpose of planning and development and/or performance of the detailed work plan.
4. MODIFICATION OF THIS MEMORANDUM OF AGREEMENT
This memorandum of agreement may be modified as mutually agreed by both BIA and FHWA.
|I Concur: Original signed by: |
Bureau of Indian Affairs
Division of Transportation
|Approved: Original signed by:
Acting Director, Office of
Tribal Resources Development
Bureau of Indian Affairs
Date: Sept 19, 1973
Federal Highway Administrator
Date: Sept 25, 1973