CHAPTER 6. FEDERAL LANDS

TABLE OF CONTENTS

SECTION I - GENERAL

DEFINITIONS
REDELEGATION

SECTION II - PROGRAM COORDINATION AND CONTROL

SYSTEMS APPROVAL
PROGRAM APPROVAL
AGREEMENTS
EMERGENCY RELIEF FINDINGS
ENVIRONMENT
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUCTD); APPROVALS FOR OTHER FEDERAL AGENCIES
REAL PROPERTY ACQUISITION, RELOCATION, PROPERTY MANAGEMENT, OUTDOOR ADVERTISING, AND JUNKYARD CONTROL

SECTION III - PROJECT DEVELOPMENT

DESIGN ENGINEERING
PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) APPROVALS AND CONSTRUCTION PROJECT AUTHORIZATIONS

PART I.

CHAPTER 6.  FEDERAL LANDS

SECTION 1.  GENERAL

1. DEFINITIONS.

   1. Federal lands highway (FLH) projects - for the purposes of this chapter, means all Federal road projects located on, or providing access to, Federal or Indian lands, whether financed with FHWA funds or with funds of another agency.

   2. Federal roads - for the purposes of this chapter, means forest highways, forest development roads and trails, park roads, parkways, public lands highways, public land development roads and trails, refuge roads, and Indian reservation roads eligible for funding under the Federal Lands Highway Program or the Emergency Relief for Federally Owned Roads (ERFO) Program.  It also includes any other Federally owned administrative or public road.

   3. Federal land management agency - for the purposes of this chapter, means any Federal agency having management control of Federal lands or Federal reservations.

   4. The FLH Associate Administrator - for the purpose of this chapter, means the Associate Administrator for Federal Lands Highway.

   5. The FLH Division Engineer - for the purposes of this chapter, means the Federal Lands Highway Division Engineers in the Eastern, Central, and Western Federal Lands Highway Divisions.

2. REDELEGATION.  Consistent with the concept of empowerment, it is within the authority of the FLH Associate Administrator to further delegate to officials within the Federal Lands Highway organization unless otherwise stated.  These further delegations are identified in the table provided in the appendix to this chapter.

SECTION 2.  PROGRAM COORDINATION AND CONTROL

3. SYSTEMS APPROVAL.

1. The FLH Associate Administrator is delegated the authority to review and comment on the Federal land management agencies' designation of park roads and parkways and refuge roads.

2. The FLH Associate Administrator is delegated the authority to designate forest highways.

3. The FLH Associate Administrator is delegated the authority to review and comment on the Bureau of Indian Affairs' designation of Indian reservation roads.

4. PROGRAM APPROVAL.  The FLH Associate Administrator is delegated the authority to:

1. Approve forest highway, park roads and parkways, and refuge roads transportation improvement programs and program changes.

2. Approve Indian reservation roads transportation improvement programs and program changes.

3. Concur in letters of request from other Federal agency field offices for work to be administered by the FHWA under interagency agreement or memorandum of understanding in accordance with the provisions of the Federal‑Aid Policy Guide.

4. Approve programs for emergency relief projects on Federal land highways.

5. AGREEMENTS.  The FLH Associate Administrator is delegated the authority to:

1. Approve memoranda of understanding that are related to the Federal Lands Highway Program with other Federal agency field offices and applicable States.  

2. Approve forest highway project agreements where work is performed by Federal Lands Highway Divisions. 

3. Approve railroad and utility agreements.

4. Approve project and reimbursable agreements with other Federal agencies, States, including subdivisions of a State, and Indian tribes for individual transportation projects.

5. Approve project and reimbursable agreements with other cooperating Federal agencies and States, including subdivisions of a State, when such agreements implement an existing national interagency agreement, memorandum of understanding or special interagency agreement.

6. EMERGENCY RELIEF FINDINGS.  Pursuant to 23 U.S.C. 125, the FLH Associate Administrator is delegated the authority to make findings for Federal agencies and States that Federal lands highways have suffered serious damage as the result of a natural disaster over a wide area or catastrophic failure from any cause in accordance with the ERFO Manual.

7. ENVIRONMENT.

1. Public Involvement/Public Hearing Procedures.  The FLH Associate Administrator is delegated the authority to approve public involvement/public hearing procedures as they relate to the Federal Land Highway Program and changes thereto in accordance with 23 CFR 771.111(h).

2. Environmental Approvals Pursuant to the National Environmental Policy Act(NEPA). The FLH Associate Administrator is delegated the authority to:
   
   (1) Determine whether an action qualifies as a categorical exclusion pursuant to 23 CFR 771.117.
   
   (2) Approve environmental assessments for agency and public availability and to make findings of no significant impact.
   
   (3) Prepare and issue notices of intent as required by the regulations of the Council on Environmental Quality (40 CFR 1501.7, 1508.22).
   
   (4) Determine whether an environmental impact statement (EIS) or supplemental EIS should be prepared. 
   
   (5) Approve draft EISs for circulation to the public and to other agencies.
   
   (6) Approve final EISs and related actions, and to adopt final EISs prepared by other agencies.  Chief Counsel will provide a legal sufficiency review prior to the approval of EISs.  For projects that are highly controversial or involve issues of national significance, concurrence from the FHWA Associate Administrator for Planning, Environment, and Realty will be obtained prior to approval.
   
   (7) Execute the record of decision.
   
   (8) Conduct reevaluations and make determinations based on reevaluations pursuant to 23 CFR 771.129.

3. Procedures for Abatement of Highway Traffic Noise and Construction Noise (23 CFR, Part772).  The FLH Associate Administrator is delegated the authority to:
   
   (1) Determine whether project plans and specifications incorporate reasonable and feasible noise abatement measures (23 CFR, Part772).
   
   (2) Approve Federal funding of noise abatement measures listed in 23 CFR 772.13(c).
   
   (3) Approve proposals for noise abatement measures other than those listed in 23 CFR 772.13(c) when the abatement measures listed are physically infeasible or economically unreasonable (23 CFR 772.13(d)).

4. Section 4(f) Approvals.  The FLH Associate Administrator is delegated authority to:
   
   (1) Determine the applicability of Section 4(f) of the Department of Transportation Act, pursuant to 23 CFR 771.135.
   
   (2) Make Section 4(f) determinations pursuant to 23 CFR 771.135(a) and approve Section 4(f) statements pursuant to 23 CFR 771.135(1), subject to a legal sufficiency review by Chief Counsel
   
   (3) Request that FLH Division Engineers obtain prior concurrence from the FHWA Associate Administrator for Planning, Environment, and Realty on Section 4(f) statements for projects that are highly controversial or involve issues of national significance.  This authority may not be redelegated.
   
   (4) Promulgate and approve programmatic Section 4(f) evaluations with the prior concurrence of the FHWA Administrator for Planning, Environment, and Realty.  This authority may not be redelegated.
   
   (5) Determine that a programmatic Section 4(f) approval applies to a project. 

5. Representation of FHWA.  The FLH Associate Administrator is delegated the authority to act on behalf of the Federal Highway Administrator in complying with the environmental procedures in the regulations of other Federal agencies andto serve as the FHWA "Agency Official" in carrying out the provisions of 36 CFR, Part 800, Protection of Historic Properties.

6. Environmental Mitigation. The FLH Associate Administrator is delegated the authority to determine whether environmental mitigation measures are eligible for Federal funding pursuant to 23 CFR 771.105(d).

7. Other Environmental Findings.  The FLH Associate Administrator is delegated the authority to make findings for wetlands, flood plains and other environmental considerations as required by statute, regulation, or executive order and which are not otherwise incorporated into the approval made pursuant to the National Environmental Policy Act. 

8. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD); APPROVALS FOR OTHER FEDERAL AGENCIES.  The FLH Associate Administrator is delegated the authority to approve other Federal agency MUTCDs, and supplements thereto, that are in substantial conformance with the National MUTCD in accordance with 23 CFR, Part 655, Subpart F, Traffic Control Devices on Federal‑Aid and Other Streets and Highways.  The FLH Administrator will obtain concurrence of the Associate Administrator for Operations and the Associate Administrator for Safety, prior to approving changes that are not in substantial conformance with the National MUTCD.

9. REAL PROPERTY ACQUISITION, RELOCATION, PROPERTY MANAGEMENT, OUTDOOR ADVERTISING, AND JUNKYARD CONTROL

1. Right-of-Way Manuals.  The FLH Associate Administrator is delegated the authority to accept a Federal agency or tribal manual of right-of-way organization, policies, procedures, practices and changes or revisions. This includes procedures and practices relating to outdoor advertising and junkyard control (23 CFR 710.201(c)).

2. Authorization and Project Agreement.  The FLH Associate Administrator is delegated to authorize Federal agencies, States, and political subdivisions to proceed with right-of-way acquisition and Project Agreement amount of Federal funds obligated for the project (23 C.F.R. 630 and 710).

SECTION 3.  PROJECT DEVELOPMENT

10. DESIGN ENGINEERING.  The FLH Associate Administrator is delegated the authority to:

1. Conduct survey and design projects on Federal or Indian lands with Government forces or through hire of private contractors.

2. Approve exceptions to design standards that are proposed for incorporation into Federal lands highway projects.

3. Approve project development and design policies, standards, procedures and standard plans for use on Federal lands highway projects. 

4. Approve the standard specifications, and procedures and policies for the construction of roads and bridges for use on Federal lands highway projects. 

5. Approve supplemental specifications, and specifications in the development stage, which are proposed for use on Federal lands highway projects.

11. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) APPROVALS AND CONSTRUCTION PROJECT AUTHORIZATIONS.  The FLH Associate Administrator is delegated the authority to:

1. Approve project PS&E and authorize advertising or commencement of force account work for Federal lands highway projects being administered by the Federal Lands Highway Divisions, except where approval authority is reserved by the Federal land management agency. 

2. Recommend to the Federal land management agency approval of PS&E and authorize advertising or commencement of force account work for projects on which the Federal land management agency has reserved approval authority.

3. Approve project PS&E for emergency relief projects on Federal land highways that are to be performed by other Federal agencies and Indian tribes.

APPENDIX 1 TO PART I (DELEGATIONS)
CHAPTER 6 (FEDERAL LANDS HIGHWAY)

SUMMARY OF DELEGATIONS