Stewardship and Oversight Agreement for Arizona

Pursuant to Title 23, United States Code (USC), Section 106 (c), a state may assume the responsibilities of the Secretary of Transportation under this title for design, plans, specifications, estimates, contract awards, and inspections of projects unless the state or the Secretary determines that such assumption is not appropriate. The FHWA and ADOT Stewardship and Oversight Agreement for Arizona (hereafter referred to as the "Agreement") also covers projects on the Interstate System that are considered to be inherently low risk, as further defined in this Agreement. As a condition of accepting federal-aid highway funds, the Arizona Department of Transportation (ADOT) agrees to follow applicable federal-aid program and project requirements when administering or implementing elements of the federal-aid highway program.

In signing this Agreement, ADOT and the Federal Highway Administration (FHWA) Arizona Division agree to adhere to the provisions and responsibilities set forth in this Agreement and agree to carry out their responsibilities in a true spirit of cooperation and partnership in implementing the federal-aid highway program (FAHP) in Arizona.

ADOT agrees that where it assumes delegated Title 23 oversight roles and approval responsibilities, it is responsible for ensuring that projects are developed and constructed in compliance with federal requirements, as defined under Title 23, Section 106, and that appropriate corrective action is taken when found to be in non-compliance with applicable federal requirements. FHWA may be consulted at any time regarding matters related to or impacting federal requirements.

FHWA and ADOT further understand that nothing contained herein shall relieve them from ultimate accountability for compliance with federal and state laws, and regulations with respect to the expenditure of FAHP funds in the State of Arizona, including those funds passed through to local governments. This Agreement does not preclude the FHWA access to, and review of, federal-aid projects at any time, and does not replace the provisions of Title 23.

The Agreement is intended to be a living document that can be modified when needed to incorporate additional legislation, additional processes, or other changes to improve program and project delivery. The FHWA Arizona Division Administrator or the ADOT Director may initiate amendments to this Agreement at any time as appropriate.

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