FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1

NS 23 CFR 660E

OPI: HFL-1

1. SCOPE (23 CFR 660.505). Should the need arise to provide access roads for other agencies, the policies of this directive will generally apply.

2. EVALUATIONS (No CFR paragraph reference)

   1. When access highway deficiencies are believed by the military agency having jurisdiction over the defense installation to be of such character as to justify relief through an improvement, the military agency reports the deficiencies through established channels to the Commander, MTMC. If considered appropriate, MTMC will request FHWA to make an evaluation of the access road needs of the installation.

   2. In making the evaluation, consideration should be given to comments and recommendations by the commanding officer of the installation, the appropriate highway agency, or any local governmental agency that may be affected by FHWA's recommendations. The evaluation by FHWA will be an independent assessment of needs based on accepted engineering criteria. Information which is to be included in the evaluation report, and its distribution, are contained in Attachment 1 of this directive. Neither the evaluation report nor the transmittal memorandum should contain statements relative to the eligibility of a recommended improvement for defense access road funding.

3. PROJECT ADMINISTRATION (23 CFR 660.515)

   1. Additional guidance relative to 23 CFR 660.515(b).

      (1) Projects designed and constructed under the supervision of FHWA direct Federal divisions will be administered under procedures of the directFederal highway construction program subject to modification agreed upon with the client agency.

      (2) Projects designed and constructed under thesupervision of a military construction agency will be administered in accordance with procedures of that agency subject to modifications agreed upon with the FHWA Division Administrator and the highway agency within whose jurisdiction the access road lies.

   2. When expenditure of defense access road funds on a project has been authorized by MTMC, the Regional Federal Highway Administrator will be advised by Washington Headquarters (HFL-1) of the action and funds will be allocated. As soon as possible following receipt of the notification of the availability of funds, the Division Administrator shall arrange for the programming of the authorized portion of the project. Funds for projects administered by direct Federal will be allocated directly to the appropriate Federal Lands Highway Division and the Federal Lands Highway Division Engineer will be responsible for programming actions. No project revision may be approved by an FHWA field office which would result in exceeding the amount of defense access road funds allocated for that project. When additional costs are anticipated, Washington Headquarters (HFL-1) should be notified so that additional allocations can be made.Prior authorization shall also be obtained from Washington Headquarters (HFL-1) before approving any project revisions which entail substantial deviation from the design, location, or length of the project as described in the project papers upon which the certification was based.

   3. Program and fiscal reporting shall be accomplished in accordance with normal Federal-aid procedures with the following exceptions:

      (1) Project numbers will be assigned by the division office after consulting with Washington Headquarters (HFL-1).

      (2) Funds allocated for a specific defense access road project for preliminary engineering, right-of-way, or construction in excess of project requirements are to be reported in step 3 (FHWA Order H 4500.2, Fiscal Management Information System Handbook) until obligated or the project advances to step P. When final costs for the project have been determined, Washington Headquarters (HFL-1) should be notified of the dollar amount of funds in excess of project needs so that the excess allocation can be withdrawn.

      (3) Other procedures for TE route projects may be used when agreed to by the Office of Fiscal Services.

   4. The DOD agencies have established a defense materials priority (DMP) rating system for defense access road projects. This DMP rating system will apply in the event of a national emergency and shortages of materials occur that would effect the adoption, development, construction, reconstruction and maintenance of the nation's highway and street systems. The DMP rating noted in each MTMC access road cer tification letter shall be used for prioritizing materials needed during national emergencies for completion of defense access road projects. A list of the DMP ratings and definitions of type of project applicable to each rating is include as Attachment 3.

4. RIGHT-OF-WAY TRANSFERS (No CFR paragraph reference). For projects that involve relocation of closure of roads within a military reservation, the Division Administrator, upon notification of certification, will coordinate the proposed action with the district engineer, Corps of Engineers, for Army and Air Force installations, or with the district public works officer for Navy installations, so that necessary action may be taken by the military representative for acquiring title or other rights to the right-of-way of the relocated or abandoned road inside the military reservation. The Division Administrator will also coordinate the transfer of right-of-way when a proposed defense access road project requires a taking of military property. The transfer of right-of-way must be concluded before MTMC can authorize expenditure of defense access road funds for construction of a project.

5. MAINTENANCE (No CFR paragraph reference). Provisions of 23 CFR 635 subpart E, "Inspection Maintenance Guidelines," apply to all projects constructed under the defense access roads program whether on or off the Federal-aid system.

6. MANEUVER AREA ROADS (23 CFR 660.517)

   1. The Division Administrator, when informed by the Commander of the U.S. Armed Forces Command that such maneuvers are to be held, should notify Washington Headquarters (HFL-1) and request specific instruction for actions to be taken before, during, and after the maneuvers.

   2. In general, after notification that a maneuver is planned, it will be necessary for the affected division office to arrange for a joint DOD, State, and FHWA survey of roads in the affected area to determine their condition prior to the maneuver. If damage to the road is claimed during or after the maneuver, the same team will make a post-maneuver survey. These surveys will be used to document the extent of damage. Copies of narrative reports of the surveys shall be furnished by the division office to Washington Headquarters (HFL-1).

   3. When total damage within the maneuver area is $100,000 or less the claim will be settled directly by the DOD. Work totaling more than $100,000 requires certification by MTMC pursuant to Section 210 of title 23. Certified maneuver area damage repair projects are administered like other defense access road projects.

7. MISSILE INSTALLATIONS AND FACILITIES (23 CFR 660.519)

   1. When the decision is made to proceed with the construction or reconstruction of selected missile sites, MTMC will notify Washington Headquarters (HFL-1). In the interest of preserving public highways, the Division Administrator will be requested to arrange for a condition survey to document the existing state of the roads the contractor plans to use. Any road added at a later date will also be surveyed prior to use. This survey will serve as the basis for any claims for damage to public highways resulting from the contractor's activities. One copy of the condition survey report prepared by the division office shall be submitted to Washington Headquarters (HDF-1).

      (1) A copy of the estimate will be furnished to Washington Headquarters (HFL-1) so that funding can be arranged.

   2. Administration of the Department of the Air Force program for missile routes to insure their continued ability to support the missile will be in accordance with MTMC's administrative guidelines for TE routes which were jointly developed by FHWA and MTMC. The guidelines are contained in Attachment 4.

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