The purpose of this agreement is to establish interagency procedures through which the Federal Highway Administration (hereinafter referred to as the FHWA) and the Bureau of Indian Affairs (hereinafter referred to as the BIA) 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 Indian reservation roads and bridges 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 Indian reservation roads and bridges 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 BIA may from time-to-time need emergency relief for Indian reservation roads and bridges not on the Federal-aid system (hereinafter being referred to as Federal roads),
NOW WITNESSETH that the BIA and FHWA do hereby mutually agree as follows:
WHERE the President does not make a Major Disaster Declaration under the Disaster Relief Act of 1974 (P.L. 93-288) for any area(s) within an Indian reservation, FHWA will evaluate tribal roads and bridges within such area(s) damaged by natural disasters or catastrophic failures for eligibility for emergency relief under 23 U.S.C. 125 in accordance with the policies and procedures of FHPM 6-9-16-2, and
(1) Inspection teams assessing damage to tribal roads and bridges will include a representative(s) of the individual tribe(s) which owns the damaged facility in addition to FHWA and BIA representatives.
(2) If damage is found to be eligible for emergency relief funding: (a) the BIA will act on behalf of the individual Indian tribe(s) and will include provisions for tribal roads and bridges with all requests and submittals under this agreement; (b) the BIA will administer repair and reconstruction of tribal roads and bridges in full accordance with the terms of this agreement as they apply to roads and bridges on the Indian Road System; and (c) funding for repair or reconstruction of tribal roads and bridges will be handled through obligational authority and liquidating cash transfers to the BIA in accordance with the transfer procedures of Section 6, herein, regardless of whether BIA or the individual Indian tribes) performs and/or administers the work.
(1) The BIA area offices located in Aberdeen, South Dakota; Albuquerque, New Mexico; Anadardo, Oklahoma; Muskogee, Oklahoma; Window Rock, Arizona; Phoenix, Arizona; Sacramento, California; and Billings, Montana; will coordinate with FHWA Region 8.
(2) The BIA area offices located in Portland, Oregon, and Juneau, Alaska, will coordinate with FHWA Region 10.
(3) The BIA area offices located in Minneapolis, Minnesota, and Washington, D.C., will coordinate with FHWA Region 15.
2. NOTIFICATION, DAMAGE ASSESSMENT, AND FINDING
(l) The decision to notify FHWA will be made by the AD. This decision will be made only after it is fairly clear that the conditions described in Section lc have developed.
(2) In addition to a statement that the BIA intends to apply for emergency relief and a request that a Finding be made, the notification should describe (a) the Indian reservation(s) where damage has occurred; (b) occurrence date(s); (c) the general location and extent of affected Indian reservation 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 Indian reservation(s).
(3) The notification will be made during or as soon as possible after the occurrence.
(1) The RFHA and AD will assign FHWA and BIA individuals to be responsible for field interagency coordination and field coordination between the BIA and FHWA, these individuals being referred to hereinafter as Field Coordinators.
(2) The AD and RFHA will assign BIA 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.
(3) BIA and FHWA Field Coordinators will arrange joint briefing meetings with BIA and FHWA inspection personnel prior to starting damage survey work.
(4) Inspection teams consisting of BIA and FHWA personnel will be assigned jointly by the BIA 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 BIA 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.
(1) FHWA and BIA 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 BIA to complete the field report within 3 weeks after the notification.
(1) Using the field report and any other information he deems appropriate, the RFHA will issue a Finding to the AD 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.
(1) If an Affirmative Finding is issued, FHWA and BIA 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(l) of FHPM 6-9-16-2.
(2) 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.
(3) 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 BIA 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 BIA 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.
(4) 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.
(5) Due to personnel shortages, the RFHA may elect to prescribe procedures whereby BIA 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 BIA 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.
5. PROJECT PROCEDURES
6. FUNDING PROCEDURES
THIS AGREEMENT will be reviewed by the BIA 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.
|FEDERAL HIGHWAY ADMINISTRATION||BUREAU OF INDIAN AFFAIRS|
|By: Original signed by:||By: Original signed by:|
|Date: Feb 5 1979||Date: Feb 5 1979|
Federal Highway Administration (FHWA) Order 1-1, Change 125, revised the delegation of authority for making emergency relief findings for Federal agencies. Therefore, the Memorandum of Agreement between the Bureau of Indian Affairs and the FHWA for the Administration of Emergency Relief Available under 23 U.S.C. 125 for Federal Roads Off the Federal-aid System, is amended as follows:
Whereas, authority to make a finding for Federal agencies for Indian reservation roads and bridges as defined in 23 U.S.C. 101(a) has been delegated to the Direct Federal Division Engineers in the Eastern, Central, and Western Direct Federal Divisions (the Direct Federal Division Engineers hereinafter referred to as the DFDE's), and ....
Page 3, paragraph f
Page 4, paragraphs i, 2a, 2b, 2c(1)
Page 5, paragraph 2c(2)
Page 6, paragraphs e(1), e(2 [3 places], f(2)
Page 7, paragraphs f(4), f(5), f(5)(b), 3a, 3d
Page 8, paragraphs 4(a), 4(c) [2 places], 4(d)
Page 9, paragraphs 5a, 5c, 5d, 5e, 5(f)
Page 10, paragraphs 6c, 6d
|FEDERAL HIGHWAY ADMINISTRATION||BUREAU OF INDIAN AFFAIRS|
|By: Original signed by:||By: Original signed by:|
|Date: Feb. 8, 1982|