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Home / About / Field Offices / Missouri Division / Programs / FHWA/MODOT Oversight Manual / Partnering Agreements / Environment

FHWA/MoDOT Partnering Agreements

ENVIRONMENT

October 2014

I. MoDOT and FHWA Roles and Responsibilities

  1. MoDOT's Role is to ensure Program Area Environment performs in accordance with state and federal laws and regulations while implementing the Mission, Values, and Tangible Results outlined in MoDOT's Tracker. MoDOT's Central Office environmental and historic preservation section has primary responsibility for this and also functions as a liaison between FHWA and MoDOT district offices, local governments, and/or project consultants. MoDOT will:

    • Offer invitations to FHWA for meetings when topics of mutual interest will be discussed.
    • Maintain a complete project file.
    • Involve FHWA in changes to environmental policies prior to implementation.
    • Provide consistent stewardship and oversight to the LPAs.
    • Cooperate and participate in program and project spot check reviews.
    • Confer with FHWA Division environmental staff when issues, questions, and concerns arise within the environmental program area.
    • Address all substantive comments made by FHWA either in the NEPA document and by documented discussion between the two agencies.
    • Collaborate with FHWA on the possibility of at least one process review each year.
    • Participate in FHWA risk assessment and determine if any performance action(s) are warranted and work with FHWA on the refinement of MoDOT's Tracker to ensure it aligns with any measures in the current transportation legislation.
  2. FHWA's Role is to ensure Program Area Environment performs in accordance with federal laws and regulations while implementing FHWA's Performance Plan and required stewardship and oversight. FHWA will:
    • Offer invitations to MoDOT for meetings when topics of mutual interest will be discussed.
    • Provide federal oversight of the Environmental Program area through program reviews, project reviews, spot checks, and other practical methods.
    • Collaborate with MoDOT on the possibility of at least one process review each year.
    • Work with MoDOT during the development of FHWA's performance plan to ensure it aligns with any measures in the current transportation legislation.
    • Once FHWA makes comments on a document and those comments are addressed, no supplemental comments will be provided unless changed circumstances make it imperative that additional substantive comments on critical issues are warranted.

  3. The Program Area Environment tasks in the table below are considered most important. MoDOT and FHWA will work as true partners to ensure success.
ACTIVITIES RESPONSIBILITIES AND ACTIONS
Approval Action Reference Document Approval Agency, Timeframe MoDOT FHWA
Categorical Exclusion (PCE) 23 CFR 771 ProgrammaticAgreement for CEs MoDOT, as needed
FHWA, within 3 days
1) Central office notifies district of approval action (consult FHWA as needed)
2) Central office prepares report for FHWA (June and December)
Verifies use of the Programmatic CE when requested
Categorical Exclusion Letter (CE) 23 CFR 771 FHWA, within 2 weeks Provides a letter explaining impact analysis and documentation for CE status to the FHWA prior to needed action. Requests additional information, provides comments or approval to MoDOT
Open-Ended (documented) Categorical Exclusion (CE2) 23 CFR 771 FHWA, within 2 weeks Provides a completed CE2 form and related documents to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
Environmental Assessment (EA) 40 CFR 1500 23 CFR 771 TA 6640.8A FHWA, within 4 weeks Provides a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
Finding of No Significant Impacts 40 CFR 1500 23 CFR 771 TA 6640.8A FHWA, within 2 weeks Provides a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
Purpose and Need for EIS 40 CFR 1500 23 CFR 771 TA 6640.8A FHWA, within 2 weeks Provide a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
Coordination Plan SAFETEA-LU Section 6002 FHWA, within 2 weeks Provide a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
Environmental Impact Statement (EIS) 40 CFR 1500
23 CFR 771
TA 6640.8A
FHWA, within 8 weeks Provides a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT, including legal sufficiency review when appropriate
Record of Decision 40 CFR 1500
23 CFR 771
TA 6640.8A
FHWA, within 2 weeks Provides a complete submittal to FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT
EA, EIS, 4(f) revised to address FHWA comments 40 CFR 1500
23 CFR 771
23 CFR 774
TA 6640.8A
MoDOT, within 3 weeks*, FHWA, withing 4 weeks Provides revised copies that clearly indicate the changes that were requested *from receipt of complete information from districts Provides comments or approval to MoDOT including legal sufficiency review when appropriate
Reevaluations and Updates 23 CFR 771 FHWA, 4 weeks* Provide revised copies that clearly indicate the changes that were requested Requests additional information, provides comments or approval to MoDOT
Section 106 Compliance 36 CFR 800 FHWA, within 2 weeks Provide a complete submittal to FHWA prior to needed action Provides documentation to the Advisory Council requesting consultation determination
Section 4(f) Inapplicability Statement 23 CFR 774 FHWA, within 2 weeks Provides adequate documentation to support the request for inapplicability or programmatic approval prior to the needed action Requests additional information, provides comments or approval to MoDOT
Programmatic Section 4 (f) 23 CFR 774 FHWA, within 4 weeks Provides a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT, including legal sufficiency review when appropriate
Section 4(f) Statement 23 CFR 774 FHWA, within 6 weeks Provides a complete submittal to the FHWA prior to needed action Requests additional information, provides comments or approval to MoDOT, including legal sufficiency review when appropriate
Section 106 MOA 36 CFR 800 FHWA, within 2 weeks Provides a complete submittal to FHWA prior to needed action Signs MOA

II. Ground Rules

MoDOT and FHWA agree to concentrate efforts in improving our work by following these ground rules:

III. Conflict Resolution

In case of conflict, MoDOT and FHWA will resolve it at the lowest level closest to the issue. If an agreement cannot be reached, we agree to eleveate the issue in the following manner:

IV. Performance Evaluation

MoDOT and FHWA will measure our partnering progress and success by the following performance indicators:

V. Communications with Management

MoDOT and FHWA will keep management informed of our activities and how our agreement to partner is working by communicating important or controversial issues to management immediately as they arise. We will use the "no surprise philosophy" by providing management with updates as needed.

 

Page last modified on December 1, 2014.
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