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MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF LAND MANAGEMENT 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 Bureau of Land Management (hereinafter referred to as the BLM) 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 public lands development 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 public lands development 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 BLM may from time-to-time need emergency relief for public lands development roads and trails not on the Federal-aid system, (such roads and trails being referred to collectively, hereinafter, as Federal roads),

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

1.    GENERAL

  1. For the purposes of this agreement, roads commonly called "Land Management Roads" by the BLM and roads and trails on the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road Grant Lands in Oregon (commonly called 0 and C Lands) will be considered to be public lands development roads and trails.


  2. 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 BLM 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.


  3. 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 lands administered by the BLM and can include roads other than Federal roads.


  4. 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.


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


  6. The RFHAs and BLM State Directors (hereinafter referred to as SD) will designate emergency relief coordinators (hereinafter referred to as ERFO Coordinators) in their respective regions and areas to be responsible on a continuing basis for the overall coordination of emergency relief.


  7. 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.


  8. 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.


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

2. NOTIFICATION, DAMAGE ASSESSMENT, AND FINDING

  1. 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 BLM ERFO Coordinator will promptly notify the FHWA ERFO Coordinator by telephone that the BLM 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 SD to the RFHA.


  2. 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.


  3. Field Coordination for Damage Assessment


  4. Field Report

  5. Finding

  6. Detailed Damage Site Reports


3. APPLICATION

  1. Within 3 months after an Affirmative Finding, the SD 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 BLM will perform the work or if the FHWA is requested to perform the work.


  2. 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.


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


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

4. PROGRAMING

  1. The RFHA will advise the SD 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.


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


  3. 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 SD to the RFHA. The RFHA will inform the SD in writing of additional work FHWA agrees to perform.


  4. 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(5)(a).


  5. 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.


  6. 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.


  7. Betterments may be programed 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

  1. Plans, specifications, and estimates (PS&E) will be developed based on work identified in the approved program. If the BLM plans other work in addition to that identified in the approved program, the SD 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.


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


  3. 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.


  4. The SD will notify the RFHA in writing of the semi-annual status, and completion of each emergency relief project constructed by the BLM.


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


  6. 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 BLM to warrant retention.

6. FUNDING PROCEDURES

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


  2. The BLM 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.


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


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

THIS AGREEMENT will be reviewed by the BLM 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 BUREAU OF LAND MANAGEMENT

By: Original Signed__________________ By: Original Signed__________________
Deputy Federal Highway Administrator Acting Director, Bureau of Land Management
Date: Feb. 5, 1979__________________ March: March 6, 1979___________________

 


Amendment No. 1
to
Memorandum of Agreement
Between
The Bureau of Land Management and
The Federal Highway Administration

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 Land Management 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:

  1. On the first page, third paragraph, delete paragraph and replace with the following:


  2. On page 2, paragraph e(l), change "FHWA Region 8" to "Central Direct Federal Division." In paragraph e(2), change "FHWA Region 10" to "Western Direct Federal Division."


  3. Page 2, paragraph h - Change first part of paragraph to "The FHWA Direct Federal Division Engineers will be the contracting officer. . ."


  4. In the following paragraphs, insert "DFDE" for "RFHA":
  5. Approved:

    By: Original Signed__________________ By: Original Signed__________________
    Federal Highway Administration Bureau of Land Management
    Date: 1/26/82_________


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