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MOA for the Survey and Recordation of Federal Easements of New Hampshire DOT Roads on the White Mountain National Forest in Grafton, Carroll, and Coos Counties, NH

AGREEMENT NO. DTFH71-12-X-50006

Memorandum of Agreement

between the U.S. Department of Agriculture

Forest Service, White Mountain National Forest and the

New Hampshire Department of Transportation and the

U.S. Department of Transportation Federal Highway Administration Eastern Federal Highway Division for the

Survey and Recordation of Federal Easements

Of NHDOT Roads on the White Mountain National Forest

In Grafton, Carroll, and Coos Counties, New Hampshire

The purpose of this Memorandum of Agreement (MOA) is to establish t'he roles, responsibilities, funding, and procedures by which the U.S. Department of Agriculture, Forest Service (FS), New Hampshire Department of Transportation (NHDOT) and the United States Department of Transportation, Federal Highway Administration (FHWA), Eastern Federal Lands Highway Division (EFLHD) and New Hampshire Division Office, hereinafter collectively referred to as "the Parties", will jointly participate in the execution of Federal Easements (FE) of NHDOT roads on the White Mountain National Forest (WMNF) to NHDOT. The FE covers Interstate 93, US Route 302, and US Route 3, and NH Route 16 located in Grafton, Carroll and Coos Counties, New Hampshire.

WHEREAS, NHDOT has requested that FHWA develop the appropriate Federal Easement
.documents (Parcel Plats, Deeds and Legal Descriptions) and, on behalf of NHDOT, record the documents at the appropriate locations in New Hampshire;

WHEREAS, the FS consents to and concurs in the proposed federal easements related to Interstate 93, US Route 302, and US Route 3, and NH Route 16 in the White Mountain Forest;

WHEREAS, boundary surveys will take place on NHDOT and FS-owned property (White Mountain National Forest), and the NHDOT will continue to maintain Interstate 93, US Route 302, US Route 3, and NH Route 16 after the federal easements;

WHEREAS, New Hampshire Department of Transportation (NHDOT) funding is available for engineering costs of preparing Federal easement documents and recording those documents at the appropriate locations in New Hampshire;

WHEREAS, the FHWA has awarded a contract to an IDIQC consultant (administered by local license surveyor in the state of New Hampshire) to conduct boundary surveys at the beginning and ending of every NHDOT and Forest Highway road requiring Federal easements;

WHEREAS, 23 U.S.C. 308(a) authorizes the FHWA to perform engineering and other services for other Federal or State Cooperating agencies in connection with the survey, design, construction, and improvements of highways.

NOW THEREFORE, the Parties do hereby mutually agree as follows:

ARTICLE I: SCOPE OF WORK (Obligations, Responsibilities, and Funding)

1. The FS agrees to:
   1. Coordinate with the FHWA Project Support Engineer to ensure proper stewardship and oversight of the Federal funds during design development of Federal easement documents; and
   2. Participate as necessary in reviews of the federal easement documents.
2. The FHWA agrees to:
   1. Coordinate a review of the application from NHDOT · and request authorization from WMNF to allow FHWA to effect an easement from the FS to NHDOT for Interstate 93, US Route 302, and US Route 3, and NH Route 16;
   2. Procure and administer an IDIQC contractor to survey and map the boundaries for Interstate 93, US Route 302, and US Route 3, and NH Route 16 in the White Mountain Forest;
   3. Compile 2D base map (tree lines and road lines) from digital orthophotography provided by NHDOT;
   4. Prepare plats and legal description. Land description shall be by centerline of existing road in place;
   5. Draft the deed and appropriate federal easement documents;
   6. Coordinate with NHDOT and WMNF on the proposed deeds;
   7. Coordinate the review of the final land easement documents. This review shall include a determination that the proposed deed and easement conditions are adequate and acceptable by all parties to this agreement;
   8. Upon a determination that the documents are adequate and acceptable, execute and record the deeds;
   9. Provide the appropriate environmental compliance documents; and
   10. 1.0. Maintain records of all actions and expenditures for the services described above in sufficient level of detail to allow identification of the nature of the expenditures made. The FHWA will retain these records for a period of ten (10) years after the work is completed. The FHWA will promptly initiate the financial close-out as soon as the final costs are known.
3. The NHDOT agrees to:
   1. Prepare and submit an application to FHWA setting forth the need for the federal land easements in the WMNF. The application shall contain the information required by 23 CFR 710.601;
   2. Provide digital orthophotography of the entire White Mountain National Forest to FHWA;
   3. Review the Federal easement documents (Parcel Plats, Deeds and Legal Descriptions) and have an attorney licensed in New Hampshire certify that the deeds are legally sufficient under New Hampshire law; and
   4. Upon execution of the Federal easement documents, accept maintenance of the roadways currently under its maintenance responsibility.

ARTICLE II: DISBURSEMENT OF FUNDS

1. All costs associated, directly or indirectly with the portion of the work in the Interstate 93, US Route 302, and US Route 3, and NH Route 16 will be funded by NHDOT. The FHWA estimates an approximate cost of $13,000.00, to provide the services described under Article IB.
2. Upon execution of this Agreement, the NHDOT shall make the payment of $13,000.00 to the FHWA.
3. If additional funds are needed to provide the services described under Article IB, approval from all Parties and payment will be requested by FHWA prior to performing the work.
4. The FHWA will track the obligations and expenditures for the services described under Article IB. Fiscal information will be made available upon request by any of the Parties.
5. At completion of the work, the FHWA will prepare and submit to the Parties a final accounting of all associated costs.
6. Upon completion of the work and closure of all financial records, all unexpended funds remaining from the NHDOT Funding shall be returned to NHDOT.

ARTICLE III: TERM OF AGREEMENT

This Agreement shall be in force as of the date of the last approving signature, and shall remain in effect until September 30, 2016. This Agreement may be closed when the work has been completed to the mutual satisfaction of the Parties.

The Agreement may be modified by written consent of the Parties to cover any questions that may arise subsequent to the date of this Agreement.

The Parties to the Agreement will be afforded the opportunity to inspect, review and comment on, at any time, work in progress, the financial records, and any other supporting documentation; and to participate in all meetings and field reviews.

ARTICLE IV: KEY OFFICIALS AND CONTACTS

Designated points of contact for the coordination of this project are as follows:

ARTICLE V: TERMINATION

This Agreement will terminate when all transfers of funds are completed and all work associated with this Agreement has been inspected and approved in writing by the Parties.

In case of the failure on the part of any Party to observe any of the conditions of the Agreement, any affected Party may terminate this Agreement for default without any legal process whatsoever by giving thirty (30) days written notice of termination to all Parties, effective at the end of the thirty day period.

ARTICLE VI: ASSIGNMENT

No transfer or assignment of this Agreement, or any part thereof or interest therein, directly or indirectly, voluntarily or involuntarily, shall be made unless such transfer or assignment is first approved in writing by all Parties.

ARTICLEVII: LIABILITY

The Parties accept full responsibility for any property damage, injury, or death caused by the acts or omissions of their respective employees, acting within the scope of their employment, to the extent allowed by law. All claims shall be processed pursuant to the applicable governing law for each respective party. Nothing in this agreement shall construe as waiving or otherwise altering any party's sovereignty or its applicable immunities and privileges.

TORT CLAIMS: Any claim filed under the Federal Tort Claims Act (28 U.S.C. §2671 et seq. (1994)), alleging an injury during the performance of this Agreement, which may be traced to a Party, shall be received and processed by the Party having responsibility for the particular injury­ causing condition, under the relevant law that governs such party.

ARTICLE VIII: REQUIRED AND STANDARD CLAUSES

1. LEGAL AUTHORITIES: Nothing in this Agreement shall be construed as limiting or affecting the legal authorities of the Parties, or as requiring the Parties to perform beyond their respective authorities. Nothing in this Agreement shall be deemed to bind any party to expend funds in excess of available appropriations or otherwise bind any party's discretionary policy and planning functions in allocating its jurisdictional resources.
2. NON-DISCRIMINATION: The Parties shall not discriminate in the selection of employees or participants for any employment or other activities undertaken pursuant to this Agreement on the grounds of race, creed, color, sex, or national origin, and shall observe all of the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. §2000(d) et. seq.). The Parties shall take positive action to ensure that all applicants for employment or participation in an/ activities pursuant to this Agreement shall be employed or involved without regard to race, creed, color, sex, or national origin.
3. ANTI-DEFICIENCY ACT: Pursuant to the Anti-Deficiency Act, 31 U.S.C. §134l (a) (1) (1994), nothing contained in this Agreement shall be construed as binding the United States to expend any sum in excess of appropriations made by Congress for the purposes of thi s Agreement, or as involving the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations.
4. LOBBY PROHIBITION: The Parties will abide by the provisions of 18 U.S.C. §1913 (Lobbying with Appropriated Monies).

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives.

U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE

WHITE MOUNTAIN NATIONAL FOREST

Mr. Thomas G. Wagner
Forest Supervisor

Date

U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION EASTERN FEDERAL LANDS HIGHWAY DIVISION

Ms. Karen A. Schmidt
Director, Program Administration

Date

NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

Christopher D. Clement, Sr. Commissioner

Date