U.S. Department of Transportation
Federal Highway Administration
The purpose of this Memorandum of Understanding (MOU) is to avoid unnecessary duplication of effort by the Coast Guard and the Federal Highway Administration (FHWA), both agencies of the Department of Transportation (DOT), in the preparation and processing of environmental documents pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) OF 1969 (42 U.S.C 4332(2)(C)) and other Federal environmental statutes and orders for bridge projects requiring approvals of both the FHWA and Coast Guard. The NEPA requires the Secretary of Transportation to make explicit analyses of environmental consequences of proposed major Federal actions under DOT jurisdiction and prepare detailed statements which analyze and consider the impact of these proposed actions upon the environment. The procedures set forth in this MOU will be utilized to strengthen the early coordination between the Coast Guard and the FHWA prior to and during the development of the highway section and environmental processing.
The definitions contained in the Council on Environmental Quality (CEQ) regulations (40 CFR 1500-1508) are applicable to this MOU as well as the following:
(1) are or have been used, or are have been susceptible for use, by themselves or in connection with others, as highways for substantial interstate of foreign commerce, notwithstanding obstruction that require portages: or
(2) a governmental or non-governmental body having expertise in waterway improvement determines or has determined to be capable of improvement at areasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with others, highway for substantial interstate of foreign commerce.
Except as provided for in Section 144(h) of Title 23 U.S.C., the Coast Guard must approve (issue a permit for) the location and plans for highway bridges crossing navigable waters of the United States. A significant number of these bridges are constructed with the assistance of Federal funds administered by the FHWA. The actions by the FHWA and Coast Guard require an evaluation under the terms of NEPA, as implemented by the CEQ Regulations (40 CFR 1500-1508), DOT Order 5610.1C, applicable parts of the operating agencies' directives (FHPM 7-7-2 and Commandant Instruction M 16475.1A), and other Federal environmental statutes and orders. The CEQ regulations strongly encourage that a single agency (lead agency) be designated to handle the NEPA responsibility where related actions by several Federal agencies are to be taken. The lead agency, in such instances, assumes the responsibility for consultation with other agencies, coordinating necessary environmental studies evaluations, and preparation of any NEPA-related determination or document for review by the cooperating Federal agencies prior to making it available for public review.
The Coast Guard and the FHWA agree that, when a highway section requires an action by both FHWA and Coast Guard, the FHWA will normally serve as the lead agency for the preparation and processing of environmental documents.
The above documents shall demonstrate, where applicable, consideration of compliance with the requirements of other Federal environmental statutes and orders, including but not limited to:
23 U.S.C. 138 and 49 U.S.C. 1653(f) (Section 4(f) of the Department of Transportation Act of 1966);
16 U.S.C. 461, et seq., Archeological and Historic Preservation Act and 23 U.S.C. 305;
16 U.S.C. 662, Section 2 of the Fish and Wildlife Coordination Act;
16 U.S.C. 1452, Section 303 and 307 of the Coastal Zone Management Act of 1972:
16 U.S.C. 1536, Section 7 of the Endangered Species Act of 1973;
33 U.S.C. 1251, et seq., Clean Water Act of 1977;
42 U.S.C. 300(f), et seq., Safe Drinking Water Act of 1974;
42 U.S.C. 4371, et seq., Environmental Quality Improvement Act of 1970;
42 U.S.C. 4601, et seq., Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
42 U.S.C. 4901, et seq., Noise Control Act of 1972;
42 U.S.C. 7401, et seq., Clean Air Act;
42 U.S.C. 2000(d)-(d)4, Title VI of the Civil Rights Act of 1964;
Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended by Executive Order 11991, dated May 24, 1977;
Executive Order 11593, Protection and Enhancement of the Cultural Environment, dated May 13, 1971, implemented by DOT Order 5650.1, dated November 20, 1972;
Executive Order 11988, Floodplain management, dated May 24, 1977, implemented by DOT Order 5650.2, dated April 23, 1979;
Executive Order 11990, Protection of Wetlands, dated May 24, 1977, implemented by DOT Order 5660.1A, dated August 24, 1978.
It is the responsibility of the Coast Guard to take the following actions:
|Federal Highway Administrator||Commandant U.S. Coast Guard|