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DEPARTMENT OF THE ARMY
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
1 SOLDIER-WAY
SCOTT AFB, IL 62225-5006

MEMORANDUM OF AGREEMENT (MOA)
BETWEEN
THE MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
(SDDC)
AND
THE FEDERAL HIGHWAY ADMINISTRATION (FHWA)

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SUBJECT: Administering the Emergency Relief Funds under the Emergency Relief for Federally Owned Roads (ERFO) Program

  1. References: The ERFO Disaster Assistance. Manual, latest edition, U.S. Department of Transportation, FHWA.

  2. Purpose: The purpose of this agreement is to establish interagency procedures through which the SDDC, on behalf of the United States Department of Defense (DOD), and the FHWA will administer emergency relief funds under the ERFO Program.

  3. Background: Funds for this program are provided under Title 23 United States Code (U.S.C.) 125, and the public roads owned by the United States DOD military services on military installations meet the definition of Public Lands Highways as defined in 23 U.S.C. 101. The Secretary of Transportation, acting through the FHWA, is authorized to expend monies from emergency funds authorized under 23 U.S.C. 125 for the repair reconstruction of Public Lands Highways which the Secretary shall find (Finding) have suffered serious damage as the result of a natural disaster over a wide area or catastrophic failure from any cause. The authority to make a Finding for Public Lands Highways as defined in 23 U.S.C. I 01 has been delegated to the Division Engineers in the Eastern, Central, and Western Federal Lands Highway Divisions (FLIID) by FHWA Order M11OO-1A, 1995, Part I. The SDDC, under DOD Directive 4510.11, is the DOD’s designated agent to represent the military services on military installation public highway matters.

  4. Roles and Responsibilities:

    1. The SDDC and FHWA will follow the procedures in the current ERFO Manual, current laws, regulations, and Executive Orders.

    2. The SDDC will ensure that any Military Installation Roads (MIR) submitted for a Finding for ERFO funds will meet the Public Lands Highway definition. Maps showing the locations'of MIRs will be available at the military installations for FHWA use.

    3. The SDDC and FHWA will cooperate with the various military installations to facilitate the repair ofMIRs in an expeditious manner.

    4. The SDDC and FHWA will designate ERFO field coordinators.

    5. The SDDC (for DOD) is responsible for collecting, analyzing, and requesting ERFO funds for the FHWA Finding. The military services will administer any ERFO funds and obligational authority after SDDC approval. This includes compliance with all applicable law.

    6. The SDDC may establish additional ERFO policies and procedures, which are consistent with the ERFO Manual, to be followed by the military serviceS. These additional ERFO policies and procedures will be shared with the FHWA.

    7. The FHWA will provide ERFO related technical assistance and training as requested by SDDC.

    8. The SDDC or military services shall make diligent efforts to recover monies from the legally responsible parties to reduce the ERFO repair costs of highway damages that are caused by ships, barge tows, highway vehicles, vehicles with illegal loads, and similar improperly controlled objects or events.

  5. Notification, Disaster Assessment, Finding, and Damage Assessments

    1. The SDDC will:

      (1) Immediately notify the FHWA (ERFO coordinator) by telephone when it appears that damage or destrUction caused by a natural disaster or catastrophic failure is sufficient to justify repair or reconstruction under the ERFO Program and the affected agency's intent to apply for emergency relief;

      (2) Submit a notice ofintent letter to the FHWA (FLHD) servicing that facility within the required days from the beginning of the disaster as stated in the ERFO manual;

      (3) Assist the FHWA (ERFO coordinator) in planning and conducting the disaster and damage assessments; (The military services or military installation field personnel will cooperate in promptly making field swveys of the overall damage and in the preparation of field reports.) and

      (4) Submit initial damage survey reports to the FHWA (FLHD) within the required months after the date of the Positive Finding letter as stated in the ERFO Manual.

    2. The FHWA (FLHD) will:

      (1) Dispatch FHWA emergency response team(s) to provide technical assistance during and immediately after a natural disaster or catastrophic failure;

      (2) Promptly acknowledge SDDC's Notice of Intent letter, in writing, within the required calendar days of receipt as stated in the ERFO Manual;

      (3) Plan and conduct a disaster assessment and determine if there has been a natural disaster of sufficient extent and intensity or catastrophic failure to warrant ERFO funding consideration;

      (4) Make a Finding (positive or negative) that serious damage did or did not occur on Federal roads within the required weeks of the receipt ofthe SDDC's. Notice of Intent letter as stated in the ERFO Manual;

      (5) Advise SDDC by letter of the Negative Finding, and close the disaster file; or

      (6) Advise SDDC by .letter of the Positive Finding and explain the remaining process. If a quick release of ERFO funding is appropriate, include the approval of ERFO funds in the Positive Finding letter;

      (7) Arrange for FHWA field personnel to be assigned to perform and conduct damage assessments with cooperation from the SDDC, military service, or military installation field personnel; and

      (8) Review and recommend approval or denial of each completed damage survey report and furnish a photocopy to the SDDC after any necessary revisions have been made.

  6. Application and the Programming of ERFO Repair Projects

    1. The SDDC will:

      (1) Submit, by letter within the required months after the Positive Finding was made as stated in the ERFO Manual, the ERFO Program of Projects (POP) for each disaster to the FHWA (FLHD) servicingthat facility. This should also include the list of ERFO repairs which the SDDC wants the FHWA (FLHD) to administer; and

      (2) Submit, by letter to the FHWA (FLHD), any changes to the approved ERFO POP for each disaster.

    2. The FHWA (FLHD) will:

      (1) Review and approve or deny the quick release of ERFO funds before an ERFO POP is approved for the disaster;

      (2) Advise the SDDC, by letter, of the approved POPs for each disaster and provide guidance relative to the administration of ERFO projects within the.required calendar days of receipt of the proposed program of projects as stated in the ERFO Manual. This includes the FHWA (FLHD) need to approve the plans, specifications, and estimate (PS&E) package, approval of force account work by the military installations, acceptance of completed construction for individual projects on major work sites during the POP approval process, and those repairs which it will administer; and

      (3) Review and approve or deny by letter to the SDDC within the required calendar days as stated in the ERFO Manual, changes to the approved ERFO POPs for each disaster.

  7. Performing ERFO Repairs

    1. The SDDC or military┬Ěservice(s) will:

      (1) Submit for FHWA (FLHD) approval, if required, PS&E packages, approval of force account work, and acceptance of completed construction for mdividual projects on major work sites;

      (2) Ensure that metric units are used in the PS&E package in accordance with their agency's implementation plan;

      (3) Promptly and efficiently complete temporary and permanent ERFO repairs. This includes compliance with all applicable laws, regulations, Executive Orders, and the reporting requirement in the ERFO Manual. All ERFO permanent repairs should be under construction by the end of the seeond fiscal year following the year in which the disaster occurred;

      (4) Submit suitable justification for time extension to complete perinanent repairs within the required days prior to the end of the second fiscal year to the FHWA (FLHD) for approval as stated in the ERFO Manual; and

      (5) Ensure all completed construction projects are reviewed, and a final close-out report is transmitted to the FHWA (FLHD) after the completion of all projects for an individual disaster. The report must include a final accounting of all costs claimed.

    2. The FHWA (FLHD) will:

      (1) Review and approve or deny reqwed PS&E packages, approve force account work if it is in the best interest of the Government, and accept completed construction for individual projects on major work sites within the required calendar days of receipt as stated in the ERFO Manual;

      (2) Promptly and efficiently complete temporary andpermaneitt ERFO repairs which are being administered by FHWA. This includes compliance with all applicable laws, regulations, and Executive Orders. All ERFO permanent repairs should be under construction by the end of the second fiscal year following the year in which the disaster occurred;

      (3) Review selected completed construction projects and prepare a final Disaster Repair Status Closeout Report after the completion of projects administered by the FHWA for an individual disaster;

      (4) Review, approve, or deny, by letter to SDDC within the calendar days, time extensions for completing permanent repairs on a disaster as stated in the ERFO Manual;

      (5) At FHWA discretion, rriay withdraw approval and funding for ERFO repair work which is not in progress after 36 months of the date of the Positive Finding letter; and

      (6) Conduct a disaster closeout review of repairs made by the military services on a disaster wit:hin: the required calendar days after notification by SDDC as stated in the ERFO Manual.

  8. Funding and Reporting

    1. The SDDC will:

      (1) Request ERFO funds by disaster, in writing or by email, from the FHWA (FLHD);

      (2) Advise the military services of the amount of ERFO available for their disasters;

      (3) Ensure the military services transfer funds as necessary, f9r any ineligible work being performed on a FHWA (FLHD) administered ERFO repair project to the FHWA. Transfers shall be accomplished using a SF-1151, Nonexpenditure Transfer Autho~zation Form;

      (4) Ensure the military services furnish FHWA (with copy to the SDDC) the following reports and data as indicated for ERFO repair projects, as appropriate:

      • SF-133, Report on Budget Execution Form, reflecting specific financial and budget data for each different type of allocation and overall summary by Treasury symbol due on the 5th workday of each month;
      • Trial balance due on the 5th workday of each month;
      • Provide an explanation of adverse balances/other adjustments;
      • Annual ERFO Disaster Repair Stanis Closeout Reports; and
      • Other required reports described in the ERFO Manual.

      (5) Transmit the military services request for liquidating cash electronically to the FHWA Chief Financial Officer. (Refer to the Recipient Accounting Handbook for more specific information.);

      (6) Return unobligated ERFO funds to FHWA before the end of the fiscal year if the amount is known and certain; and

      (7) Request that the FHWA (FLHD) reinstate year-end unobligated ERFO fund balances.

    2. The FHWA will:

      (1) Transfer ERFO funds and obligation authority by letter within the required calendar days after receipt of the request as stated in the ERFO Manual, when funds are available, to the military services for ERFO repair projects, which the military installations will perform. This includes preparing the FHWA 370, Advice of Funds Available for Obligation Form;

      (2) Transfer liquidating cash (using SF-1151) to the military services to meet current expenditure needs within the required calendar days of the receipt of the request as stated in the ERFO Manual;

      (3) Notify the SDDC, in writing, when ERFO funds are not available or limited by the $100 million cap for a disaster or when the $100 million cap is waived;

      (4) Monitor the obligation and use of ERFO funds by the military services. This includes adjusting the allocations of ERFO funds for disasters as necessary and withdrawing excess authority upon completion of a repair project or all repairs for a disaster;

      (5) Assist SDDC and the military services in making the year-end adjustments of ERFO fund allocations and obligations. This may include the withdrawal of any unobligated ERFO funds from the military services at the end of the fiscal year and reinstatement in the next fiscal year; and

      (6) Furnish reports to the military services (with copy to SDDC) for the portion of ineligible work undertaken by the FHWA including:

      • SF-133, Report on Budget Execution Form, reflecting specific financiai and budget data for each different type of allocation and overall summary by Treasury symbol;
      • Annual Year-End Closing Statement;
      • Annual ERFO Disaster Repair Status Closeout Reports; and
      • Other required reports described in the ERFO Manual.
  9. Miscellaneous

    1. This MOA supersedes MOA between the Military Traffic Management Command and the FHWA, dated ,28 December 1998.

    2. Nothing in this agreement is intended to diminish or otherwise affect the authority of either agency to execute its respective statutory functions.

    3. This agreement is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offices, or its employees.

    4. The SDDC and FHWA field personnel are encouraged to consult together and agree on such matters that fall within their scope of responsibility. Matters which cannot be resolved at the field level should be submitted to the Special Assistant for Transportation Engineering, SDDC, and the Associate Administrator, Federal Lands Highway Office, FHWA, for resolution.

    5. Each agency is encouraged to find ways to improve the administration of the ERFO program and to make mutually agreeable changes to affect improvements in the ERFO program.

    6. This agreement is not intended to fix the procedures to be followed so rigidly as to prevent logical, practical, and responsible actions by SDDC, military-services, or FHWA, but rather to outline the responsibilities, procedmes, or actions for most projects and activities.

    7. This agreement shall become effective on the date of the last approving signature. Renegotiation of any part of this agreement can be initiated at any time by either party. It may be canceled at any time by mutual consent of both parties or by either party upon giving a 60-day written notice to the other party. This agreement is to be reviewed biennially.

    8. The designated points of contact for matters regarding this agreement are: FHWA: Director of Program Development, Federal Lands Highway Office and SDDC: Senior Engineer, Highways for National Defense.



/* Signature of Kevin A. Leonard */ /* Signature of Victor M. Mendez */

KEVIN A. LEONARD
Major General, USA
Commanding

VICTOR M. MENDEZ
Administrator
Federal Highway Administration

Date: March 20, 2012 Date: April 10, 2012


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