Federal Land Transfer Memorandum of Understanding Outline Template

September 2019

The U.S. DOT Volpe Center reviewed existing Memoranda of Understanding (MOUs) that State Departments of Transportation (SDOT) have with Federal agencies regarding FLTs to understand the types of information that are typically included. The reviewed MOUs included nine MOUs between SDOTs and the U.S. Forest Service (FS); two MOUs between SDOTs and the Bureau of Land Management (BLM); and one MOU among an SDOT and both the FS and BLM. Table 1 provides a summary of the content of several state-specific MOUs.

Although the signatory agencies had tailored the content of each MOU reviewed to their unique needs and contexts, there were recurring elements that could be considered a general standard starting place for other SDOTs or agencies seeking to develop FLT MOUs. Table 2 provides a basic outline for such an MOU.

Table 1. Example Contents from Select FLT MOUs
State	Date	MOU between	Contents
AZ	2008	Arizona DOT, FHWA Arizona Division, and the USDA Forest Service Southwestern Region (MOU Number 06-MU-11031600-013)	Purpose Authority Organization and Workflow Agency Responsibilities Objectives Areas of Cooperation Coordination Meetings Conflict Resolution Administration Signatures
AZ	2006	Arizona DOT, FHWA Arizona Division, and the BLM Arizona MOU No. Az-931-0309, Amendment #2	Purpose Authority Organization and Workflow Agency Responsibilities Objectives Areas of Cooperation Coordination Meetings Conflict Resolution Administration Signatures Appendix B: Organization and Workflow Appendix C: Operating Agreement related to highway projects between BLM, AZDOT, FHWA supplementing the MOU
CO	2016	BLM, Colorado DOT, FHWA, and the USDA Forest Service Rocky Mountain Region (FS Agreement No. 16-MU-11020000-029)	Purpose Statement of Mutual Benefit and Interests Roles and Responsibilities Principle contacts Notices Records management Authorized representatives Attachments: Implementing Procedures
OR	2002	Oregon DOT and USDA FS Pacific Northwest Region NFS 02-MU-11060000-111	Purpose and scope Statement of Mutual Benefit and Interests Coordination Programs Planning Preconstruction Rights of way Construction/reconstruction Maintenance Signs Incident management Access management Third party occupancy
WA	2019	Washington State DOT and the USDA Forest Service Pacific Northwest Region Agreement No. GCB 1336	Purpose and scope Statement of Mutual Benefit and Interests Coordination Programs Planning Preconstruction Rights of way Construction/reconstruction Maintenance Signs Incident management Access management Third party occupancy
WY	2010	Wyoming DOT, FHWA, and USDA Forest Service Rocky Mountain and Intermountain Regions (FS Agreement No. 10-MU-11020000-032)	Purpose Statement of Mutual Benefit and Interests Roles and Responsibilities Principle contacts Notices Records management Authorized representatives Attachments: Implementing Procedures for WDOT Roadway projects involving national forest system lands

Table 2. Minimum Suggested MOU Sections based on a Review of Existing FLT MOUs
1. Purpose and scope:	Describes the purpose of the MOU and the type of activities the MOU addresses
2. Roles and responsibilities	Outlines each parties' roles and responsibilities in relation to the process/procedures outlined in the MOU
3. Coordination/Areas of Cooperation	Include information on how the agencies will coordinate to implement the MOU, including establishing regular coordination meetings.
4. Conflict Resolution	Outline the process the agencies will follow to resolve conflicts, including the escalation process that will be used.
5. Implementing/Workflow Procedures	Outline of the procedures for roadway projects involving Federal lands, including procedures related to planning, preconstruction, rights-of-way; construction and reconstruction; signs; incident management; and access management.
6. Administration	Provides information on topics such as authorized representatives, points of contact, and records management