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CHAPTER 1530 - INTERDEPARTMENTAL
1535 - DEPARTMENT OF TRANSPORTATION
1535.12 - Memorandum of Understanding on Administration of Emergency Relief for Federal
Roads Off Federal-Aid system (See parent text for Memorandum of Agreement dated May 25,
1979).
The following agreement is applicable to Montana, South Dakota and Noth Dakota, but does not
include Idaho.
INTERAGENCY AGREEMENT
BETWEEN
U.S. FOREST SERVICE, REGIONS 1,2,3,4, AND 5
AND
FEDERAL HIGHWAY ADMINISTRATION, CENTRAL DIRECT FEDERAL DIVISION
FOR THE ADMINISTRATION OF EMERGENCY
RELIEF AVAILABLE UNDER 23 U.S.C. 125 FOR
FEDERAL ROADS OFF THE FEDERAL-AID SYSTEM
THIS AGREEMENT, made as of the 2 day of June , 1981, by and between the FOREST
SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (hereinafter referred to as
FS), acting through the Regional Foresters of Regions 1,2,3,4, and 5, and the FEDERAL
HIGHWAY ADMINISTRATION, UNITED STATES DEPARTMENT OF
TRANSPORTATION (hereinafter referred to as FHwA), acting through the Division
Administrator of the Central Direct Federal Division.
WITNESSETH:
WHEREAS FHwA and FS have agreed by Memorandum of Agreement dated May 25, 1979, to
general interagency procedures for administration of the emergency relief (hereinafter referred to
as ERFO) funds available under 23 U.S.C. 125 for federal roads off the Federal-Aid system: and
WHEREAS the parties hereto desire to establish specific procedures, supplementing the
aforesaid general interagency procedures, for administration of the ERFO program in those
portions of Forest Service Regions 1,2,3,4, and 5 coincident with the Federal Highway
Administrations Central Direct Federal Division; and
WHEREAS this agreement provides for more specific procedures between the Division
Administrator, Central Direct Federal Division (hereinafter referred to as DA) and the FS
Regional Foresters, Regions 1,2,3,4, and 5 (hereinafter referred to as RF) for administering said
program;
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NOW, THEREFORE, the parties hereto hereby mutually agree as follows:
1.GENERAL
a.
Unless otherwise noted, the numbers and letters shown in parentheses in the
following sections of this agreement refer to sections in said FS_FHwA agreement
dated May 25, 1979, e.g., (1a) refers to Section 1a of said agreement.
b.
For the purposes of this program, the objective concerning repair of damage to the
Forest Development Trail System is to restore safe and unobstructed public passage
for the range of skills possessed by the trail users for whom the trail was
constructed or maintained.
ERFO funding will be limited to those trails in which the FS has invested a
significant amount of construction and/or maintenance capital. Subject to this, the
same eligibility criteria will be used for both Forest Development Roads and Trails.
In general, however, repairs on trails will be limited to:
C.
(1)
Replacement and repair of seriously damaged structures (bridges, walls, etc.).
(2)
Repair of slip-outs and removal of slides that make the trail impassable or
unsafe for its intended use.
(3)
The replacement of trail surfacing or tread only if required as part of (1) or
(2) above, or it can be demonstrated that the FS had a capital investment in
the original surface or tread.
The term "project" as used hereinafter is defined as:
(1)
all damaged sites on a numbered Forest Development Road or Development
Trail; or
(2)
a single damaged site.
2. NOTIFICATION, DAMAGE ASSESSMENT AND FINDING
a.
Should a Major Disaster Area Declaration be issued by the President, RF
notification to the DA of intent to apply for emergency relief need only refer to the
declaration, the National Forests included in the declared disaster area, and the type
of damage caused. Additional information is required only for those National
Forests not covered by a Presidential Disaster Declaration. (2a(2))
b.
Although assigned FS personnel will assist assigned FHwA personnel in the field
review and cooperate in the preparation of the field report. FHwA is responsible for
actual preparation of the field report. (2c(1), 2c(2), 2d(1))
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c.
Detailed site inspections for the purpose of preparing Damage Site Reports should
not be started until a briefing meeting is held except where needed emergency
repairs might alter physical evidence at a damage site. In those instances,
inspection personnel should be experienced in ERFO-assessment. (2c(3), 2c(4))
(1)
As a minimum, the following personnel should attend the briefing meeting:
(2)
(3)
d.
(a)
FHwA and RF ERFO Coordinators;
(b)
FHwA and RF Field Coordinators (if different from ERFO Coordinators);
(c)
Forest Engineers of the included National Forests;
(d)
FHwA and FS personnel to be assigned as damage site survey team
members;
(e)
-Representatives of appropriate cooperating agencies.
As a minimum, the following subjects shall be covered at the briefing meeting:
(a)
Eligibility criteria;
(b)
Damage Survey procedures;
(c)
Preparation of Damage Site Report forms and photographs (hereinafter
referred to as DSR);
(d)
Forest-level management review requirements;
(e)
Betterment eligibility and justification requirements;
(f)
DSR submittal procedures.
Any additional personnel or topics deemed desirable by FS or FHwA may be
included in the briefing meeting.
A sample DSR in the desired format is enclosed herewith as Exhibit A. (2f(2))
THIS EXHIBIT MAY BE VIEWED IN DIRECTIVES
E.
It is recognized that the FS must, for its own purposes, identify repair work on damaged
routes which will not be eligible for ERFO funding. To make the maximum use of
available resources, it may be desirable and/or necessary for the FS to develop this
information during the joint FHwA-FS damage site surveys. To the extent possible,
FHwA will cooperate with the FS in this task. The degree of FHwA involvement will be
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agreed to by the Field Coordinators and explained during the briefing meeting discussed in
2.c above. (3c)
3. APPLICATION
a.
The application for ERFO funding authority sent by RF to DA shall include the
following: 93a-d)
(1)
Listing of proposed projects by Forest to include the following information
for each project:
(a) Project Name;
(b) Project Number;
(c) Abbreviated description of type of work to be performed;
(d) Cost of emergency repair work performed or to be performed;
(e) Estimated cost of ERFO-eligible permanent work;
(f) Estimated cost of ineligible work to be performed in conjunction with
the project.
(2)
Original copy of DSR with photographs.
(3)
A list, or other indication, of those projects for which FHwA is requested to
perform the work.
(4)
A statement as to whether the application is interim or the final expected for
that disaster.
4.PROGRAMMING
a.
Immediately upon beginning emergency repairs, Forests will establish the
necessary accounting procedures to insure that expenditures are identified by
individual projects. (4f)
5.PROJECT PROCEDURES
a.
DA will notify RF, in the project approval letter, of those specific project plans,
specifications and estimates (PS&E) which DA wishes to have the opportunity for
further review prior to contract advertisement or performance of the work by force
account. The purpose of the review is to insure that the proposed work is eligible
for ERFO funding. In general, PS&E reviews will be requested only for projects
estimated to cost more than $2000,000 or containing substantial quantities of
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EFRO-eligible betterment work. However, DA reserves the right to review any
project. (5c)
b.
Program reviews, or field reviews of a sampling of completed projects, may also be
made by DA as part of FHwA's program administration responsibility. (1i, 5c)
c.
Reports of program status will be submitted by RF to DA each September 1 and
March 1. The reports will provide project status as of June 30 and December 30
respectively. (5d) Each report will contain the following minimum information by
Forest:
d.
e.
(1)
Project Number;
(2)
Approved funding by project;
(3)
Obligations to date by project;
(4)
Estimated actual work by project completed to date.
The final report will contain the following information: (6c)
(1)
Project Number;
(2)
Approved funding by project;
(3)
Actual expenditures by project;
(4)
Explanation of significant overruns/underruns;
(5)
Statement that projects were completed in accordance with the approved
program;
(6)
If applicable, the amount of approved obligation authority which should be
withdrawn by DA.
Procedures, including plans and specifications, used by FS for completing
approved work will be commensurate with the complexity of the work involved
and FS force account/contract allocation policies and procedures in effect at that
time. DA may review these procedures and their application to the projects under
consideration. (5c)
f.Work being performed on a specific project by force account should be at least 50%
completed by the end of the first fiscal year following the disaster. It is expected
that all force account work be completed before the end of the second fiscal year.
(5f)
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6.
FUNDING PROCEDURES.
A.
Included in the FS responsibility for administration of funds transferred to FS, is
the responsibility for administration of those funds which may be subsequently
transferred to state or local agencies. (6b)
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7. MISCELLANEOUS
a.Renegotiation of any part of this agreement can be initiated at any time by any party
hereto.
b.This agreement shall become effective on the date of the last approving signature and
will continue in effect until termination by any party upon giving 60-day notice.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officials have executed
this Memorandum of Agreement in multiple originals.
FEDERAL HIGHWAY ADMINISTRATION
CENTRAL DIRECT FEDERAL DIVISION
U.S. FOREST SERVICE
REGION 1
By:
By: /s/ Everette Towle
for Regional Forester
Date:
/s/ J.B--------Division Administrator
6/17/81
Date
3-31-81
U.S. FOREST SERVICE
REGION 2
U.S. FOREST SERVICE
REGION 3
By:
/s/Larry Henson
For Regional Forester
By:
Date:
Date:
1/26/81
/s/ Louis Volk, Jr.
For Regional Forester
2/13/81
U.S. FOREST SERVICE
REGION 4
U.S. FOREST SERVICE
REGION 5
By:
/s/ J.M. Surmin
Regional Forester
By:
Date:
Date:
2/27/81
/s/ Robert W. Cer---For Regional Forester
12/23/81
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SEE EXHIBIT A IN HARD COPY