1. PURPOSE.

This Memorandum of Agreement identifies and sets forth the joint and individual responsibilities and procedures of the Bureau of Land Management (BLM) and the Federal Highway Administration (FHWA) in the implementation of legislation concerned with the construction and improvement of Public Lands Development Roads and Trails.




2. LEGISLATIVE AUTHORITIES.

The legislation upon which the Memorandum of Agreement is based is 23 U.S.C. 214.

3. DEFINITIONS.

The following are definitions of terms in this memorandum:

Public Lands Development Roads and Trails (PLDR&T) – The term Public Lands Development Roads and Trails shall mean those roads or trails which the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under his/her control.

Bureau of Land Management (BLM) – The term BLM shall mean any official or office within the BLM authorized by the Director to act on behalf of the BLM.

Federal Highway Administration (FHWA) – The term FHWA shall mean any official or office within the FHWA authorized by the Administrator to act on behalf of the FHWA.

State Director – The State Director of the BLM for the State in which the project is located.

Division Administrator – The Division Administrator for the FHWA for the State in which the project is located.

4. JOINT RESPONSIBILITIES.

All actions and functions outlined herein shall be made effective through the issuance of procedural memoranda by the respective agencies.

5. TRANSPORTATION PLAN.




The BLM will have a transportation plan identifying all PLDR&T facilities for each State having PLDR&T facilities. Such plan shall have been developed through coordination with FHWA, State highway agencies, County road departments, Federal agencies, and other organizations having responsibilities for public or public use road and trail systems.




6. REVIEW OF LOCATION, TYPE, AND DESIGN.




The BLM will develop standards and procedures to be used in the determination of location, type, and design of all PLDR&T projects. Such standards and procedures shall be reviewed and approved by the FHWA before being implemented by the BLM. The FHWA shall notify the BLM within 30 days of receipt of the standards and procedures of approval or any additional requirements. If approval or notice of additional requirements is not received within 30 days, the standards and procedures submitted shall be considered approved.




7. ANNUAL PROGRAM OF PROJECTS.




Each BLM State Office will submit an annual program of construction projects to the Division Administrator of FHWA. The FHWA shall review such annual programs and determine if any additional requirements, such as on-site reviews, reviews of surveys, designs, specifications, and estimates, etc., are necessary prior to construction. The FHWA shall notify the BLM within 30 days of receipt of the annual program of approval or any such additional requirements. If approval or notice of additional requirements is not received within 30 days, the projects identified on the program or projects shall be considered approved as submitted.




8. GENERAL SUPERVISION OF CONSTRUCTION.

The FHWA shall have general supervisory responsibility for ensuring compliance with Federal Construction Guidelines and Standards. Activities in the furtherance of this responsibility shall be coordinated with the appropriate BLM State Office for providing specific construction inspections and/or supervision of PLDR&T projects. The FHWA shall determine individual projects that are to receive a final FHWA inspection prior to acceptance by the BLM, and arrangements shall be made for a joint BLM/FHWA inspection prior to final acceptance of selected projects.

9. FINANCIAL ARRANGEMENTS.

Based on the limited scope of the PLDR&T program presently authorized, the FHWA will not request reimbursement for administrative costs incurred in connection with carrying out its responsibilities for PLDR&T projects under BLM supervision.




10. LIMITATIONS.

The BLM and FHWA agree that:

1. This agreement may be renegotiated or cancelled 30 days after written notice by either party;



2. All performance is subject to availability of appropriated funds and existent statutory authority;



3. Any novel, disputed, or other issue likely to cause stalemate shall be promptly reported to a higher echelon for resolution;



4. This agreement shall be reviewed at least every 3 years to determine if changes should be sought; and



5. This agreement replaces a similar agreement dated May 13, 1963, covering 23 U.S.C. 214 but does not abrogate, amend, or modify any other existing agreements between the BLM and the FHWA.

APPROVED: