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CHAPTER 1530 - INTERDEPARTMENTAL
1535 - DEPARTMENT OF TRANSPORTATION
1535.13 - Memorandum of Understanding Related to Forest Highways Over National Forest
System Lands
MEMORANDUM OF UNDERSTANDING ON PROCEDURES
RELATED TO FEDERAL AID INTERSTATE, PRIMARY, SECONDARY HIGHWAYS
AND FOREST HIGHWAY PROJECTS OVER NATIONAL FOREST SYSTEM LANDS
This memorandum of understanding by and between the NORTH DAKOTA STATE
HIGHWAY DEPARTMENT, hereinafter called the "STATE," and the REGIONAL
FORESTER of the NORTHERN REGION, UNITED STATES DEPARTMENT OF
AGRICULTURE, FOREST SERVICE, hereinafter called the "FOREST SERVICE," establishes
procedures for coordinating the location, construction, maintenance, signing, access, protection,
conservation of environment, control of pollution, and other matters related to State highway
development, use, and occupancy of National Forest System lands, working through the Forest
Service North Dakota Coordinator.
It is mutually recognized that:
The STATE is responsible for planning, designing, constructing, and perpetuating a safe and
efficient public highway system needed for the benefit of the using public. They are also
charged with developing and following procedures designed to assure that social, economic, and
environmental effects are considered in the planning and design of proposed highway
construction projects and that the proposed projects are in the best overall interest of the public;
and,
The FOREST SERVICE is charged with the protection and multiple-use management of
National Forest System lands and resources for the use and benefit of the public and for the
development of a Forest Transportation System needed to accomplish these purposes consistent
with National Forest Land Management, Resource and Transportation Plans; and,
Since the State Procedures for Public and Other Agency Involvement for Highway Improvement,
hereinafter called Alternate Procedures, provides for FOREST SERVIce participation in State
highway planning activities, both as a landholder and technical authority on land management
practices; and,
Since many public highways traverse National Forest System lands, the STATE will need
authorization to use such lands for rights-of-way, waste areas, material sources, and for highway
construction and maintenance operations; and,
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Since the National Environmental Protection Act requires that highway building agencies early
in the planning process notify Federal land management entities of impending developments and
solicit their views; and,
Since Executive Order 11593 and the Historic Preservation Act of 1966 require that certain
archeological and historical evaluations have to be made on National Forest System land before
construction activities begin; and,
Since elements of the Forest Transportation System and other improvements are connected or
adjacent to public highways, the FOREST SERVICE will need authorization or concurrence for
development of improvements as they affect highway administration and traffic management;
and,
Since the operation of both systems is interrelated and their maintenance and operations have to
be coordinated; and,
Since the Code of Federal Regulations concerning traffic regulations are predicated on the stated
assumption that State traffic laws apply to Forest Development Roads in the State; and,
Since all roads in the State, including those on the Forest Development Transportation System,
have been functionally classified according to law into an integrated system that will require
close coordination in transportation planning and,
Since the Forest Service at times makes temporary repairs or constructs Forest utilization roads
on unimproved Forest and State Highway System locations; and,
Since lack of advance coordination or full realization of the role of the STATE and FOREST
SERVICE can result in differences which are difficult, costly, and time consuming to solve; and,
In recognition of the responsibilities, interests, and limitations set forth above, and the mutual
benefits of established procedures to facilitate agreement on specific highway matters on or
adjacent to National Forest System lands, the STATE and the FOREST SERVICE mutually
agree as follows:
I. Highway Development - In response to Federal legislation, the STATE has developed
procedures which assure that full consideration be given to the social, economic, and
environmental effects of proposed highway development and to assure that decisions on such
development be made in the best overall interest of the public. The STATE and the FOREST
SERVICE agree to cooperate in accord with the principles outlined in the State Alternative
Procedures.
A. Planning
1.The STATE will:
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a. Provide the FOREST SERVICE with current copies of the Alternate
Procedures.
b. Provide the FOREST SERVICE with inventories and functional
classification of the total transportation system of the STATE.
c. Respond to FOREST SERVICE requests for comments on Forest
Service land use plans and consequent transportation plans.
d. Annually provide the FOREST SERVICE with copies of the current
construction program.
2. The FOREST SERVICE will:
a. Provide the STATE with existing and planned Forest Service land uses,
current land management plan, and the relationship between these uses and the travel they
generate.
b. Notify the STATE of changing uses that might affect the function of
components of the National Forest road system.
c. Provide the STATE with Forest Service long-range road and trail plans
that identify needed connecting points to the State system.
b. Location Studies
1. The STATE will:
a. Notify the FOREST SERVICE of programmed location studies on or
near National Forest System lands through a State of North Dakota Letter of Solicitation of
Views. This letter will also request determination and documentation from the FOREST
SERVICE as to whether or not the project will affect any lands identified under Section 4(f) of
the Department of Transportation Act of 1966 as amended by the Federal Highway Act of 1968.
b. Invite FOREST SERVICE attendance at the Location Field Review for
projects involving National Forest System lands.
c. Provide the FOREST SERVICE copies of the Project Concept Report
and other pertinent data for use in preparing an assessment of resource impacts and management
situations related to the proposed highway development to be used by the STATE in their
preparation of the appropriate environmental document. The FOREST SERVICE will
investigate and complete the review of the report within 30 days unless additional time is
requested.
d. Provide the FOREST SERVICE with copies of reports of all
archeological and historical investigations involving National Forest System lands. If needed,
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develop plans and implement measures for mitigation of impacts in compliance with procedures
in 36 CFR 800.
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2.The FOREST SERVICE will:
a. Reply in writing to the STATE's Solicitation of Views letter.
b. Participate in the Location Field Review.
c. After receiving the Project Concept Report, begin a review of impacts
on National Forest System resources and environment. This review ill address the effects on
Forest Service visual management plans, esthetics, archeological and historic sites, wildlife and
other resources. The written reply will aid the STATE by defining and depicting areas needing
advance coordination in both planning and location and design.
d. Concur with the STATE's suggested date, or work out a mutually
agreeable alternative date, to complete the review of resource impacts, and when completed
forward the written reply to the STATE.
e. Furnish the STATE with r(f) determination, if appropriate.
f. Submit for comment and recommendation to the State Historic
Preservation Officer and, if appropriate, to the advisory Council on Historic Preservation, copies
of all pertinent historic and archeological reports on affected National Forest System lands. The
STATE will be provided any copies of archaeological studies furnished to the State Historic
Preservation Office (SHPO) by the FOREST SERVICE.
c. Project Concept Approval
1. The STATE will:
a. Send the FOREST SERVICE two copies of the Project Concept Report
and notice of the public hearing.
b. Provide the FOREST SERVICE with two copies of the STATE
environmental document.
c. Discuss with the FOREST SERVICE the desirability of withdrawing
highway corridor lands from mineral entry pending issuance of a Highway Easement Deed.
2. The FOREST SERVICE will:
a. If necessary, participate in the public hearing.
b. Provide timely comments on the environmental document and public
hearing.
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D. Location Survey
1. The STATE will:
a. Notify the FOREST SERVICE of the route selected.
2. The FOREST SERVICE will:
a. Request a joint STATE-FOREST SERVICE review of the selected
route, if necessary, and provide assistance and counsel to the STATE on environmental
protection matters.
b. Furnish available data and information on such matters as land corner
locations, property line boundaries, maps, and access routes.
c. Advise the STATE of any recommended changes in preliminary design.
Furnish the STATE advice and assistance on design matters involving National Forest interests,
such as preservation and restoration of fish and game habitat and food sources likely to be
affected by construction and maintaining vegetal cover on disturbed areas.
d. Explain FOREST SERVICE organization and regulations pertaining to
use, protection, and management of National Forest System land, including fire prevention and
suppression.
e. Review requirements and limitations related to clearing survey lines and
material source investigations.
E. Highway Design
1. Plan-in-Hand
a. The STATE will:
(1) Provide the FOREST SERVICE four (4) sets of final
right-of-way plats and there (3) sets of plan-in-hand plans, along with proposed general contract
provisions covering work on National Forest System lands, and invite FOREST SERVICE
participation in the final plan-in-hand review.
(2) Provide FOREST SERVICE three (3) copies of the final
plan-in-hand report.
(3) The STATE will consider the Forest Service advice and
suggestions agreed to and incorporate them into the plans.
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b. The FOREST SERVICE will:
(1) Participate in the final plan-in-hand review.
(2) Advise the STATE of any recommended changes in the
proposed final designs.
(3) Advise the STATE of the appropriate arrangements for disposal
of merchantable timber.
(4) If needed, suggest or designate sites for storage and disposal of
clearing and grubbing debris and designate sites for disposal of excess excavation material.
(5) Provide information on probable limits of fire season, inherent
fire hazards, fire prevention and control requirements, possible use of contractor's forces and
equipment for fire suppression to be included in the Fire Protection Plan.
(6) Provide information on the need for detours for National Forest
traffic, maintenance of Forest Service roads used for detours during construction, use of Forest
Service roads for work roads, replacement of Forest Service facilities and signs. The temporary
use of such Forest Service roads will be authorized under special-use permit.
(7) Collaborate with the STATE to determine the extent and type
of control needed to minimize dust, noise, objectionable odors, air and water pollution, or
contamination associated with construction work.
(8) Develop stipulations to cover conditions or needs not
adequately covered by plans or the general contract provisions.
2. Final Plan Approval
a. The STATE will provide three (3) reduced sets of changes to the
highway design plats and specifications.
b. The FOREST SERVICE will:
(1) Review and approve the plans. Such approval does not relate
to highway engineering functional items but acknowledges that Forest Service requirements
relating to Forest Service needs and impacts on National Forest System lands have been met.
(2) Revise right-of-way stipulations to conform to final plans.
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3. Easement Application
a. STATE submits letter of request for appropriation and transfer of the
right-of-way, together with necessary four (4) complete transfer of the right-of-way maps
showing final location of the highway project and a description of lands, by 40-acre subdivision
or Government lot number occupied by the proposed right-of-way to the Division Administrator
of the Federal Highway Administration (FHWA).
b. Division Administrator, FHWA, determines from this request for appropriation
and transfer whether lands are reasonably necessary for right-of-way for the highway project.
c. Division Administrator, FHWA, forwards the STATE's request to Regional
Forester for consideration and approval.
4. Letter of Consent
a. The Regional Forester makes final review of application, final survey, and
design.
b. The Regional Forester prepares and signs final right-of-way stipulations, if
necessary, and sends them to the STATE for signature.
c. The STATE returns signed right-of-way stipulations to the Regional Forester.
d. The Regional Forester prepares letter of consent for the appropriation and
transfer of National Forest System lands to the STATE for highway purposes.
e. The Regional Forester sends letter of consent to the Division Administrator,
FHWA (North Dakota), and the STATE, together with a copy of the signed stipulations. Upon
issuance of the letter of consent, the FOREST SERVICE authorizes immediate entry to National
Forest System lands subject to the terms set forth.
f. The STATE prepares the Highway Easement Deed after receiving a copy of the
Regional Forester's letter of consent. The STATE sends the original easement deed and two (2)
copies to the Division Administrator, FHWA. The Division Administrator, FHWA, will
forward a copy of the letter of consent, together with the STATE's application, signed
stipulation, and the original and one copy of the Highway Easement Deed, to the Regional
Administrator, FHWA (Denver).
5. Rights-of-Way Conveyance
a. The FHWA reviews and executes the Highway Easement Deed and returns it to
the STATE.
b. The fully executed easement deed is recorded by the STATE.
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c. Six (6) copies of the recorded easement deed are forwarded to the Division
Administer, FHWA (Bismarck). Four ($) copies are transmitted by the FHWA to the Regional
Forester, Missoula, Montana.
d. The original of the Highway Easement Deed is filed in the State's Engineering
Services Division.
F. Construction:
1. The STATE will:
a. Control construction under its contracts to assure work is in accordance with
approved plans and agreements.
b. Have the District Engineer contact the Forest Supervisor through the Forest
Service North Dakota Coordinator for agreement prior to starting any work under changed
conditions that develop, prior to or during construction, which alter the land use aspect of
approved plans.
c. Request the Forest Supervisor, through the Forest Service North Dakota
Coordinator or his representative, to participate in final project inspections.
2. The FOREST SERVICE will:
a. Consult only with the District Engineer or his designated representative on
matters pertaining to project construction.
b. Furnish the STATE with information on National Forest-related traffic needs
and requirements.
c. Issue permits directly to the contractors for burning, campsite locations, and
water sources after agreement with the designated STATE representative. Copies of all permits
issued will be furnished to the STATE.
d. Consult with the STATE on probable limits of fire season, fire hazards, fire
prevention and control requirements, and possible use of contractor's forces and equipment in the
Fire Protection Plan.
e. Participate in final project inspections and make recommendations to the
STATE on matters related to FOREST SERVICE responsibility for land and resource
management.
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II. Highway Management
A. Maintenance
1. The STATE will:
a. Conduct maintenance operations in a manner which will preserve and
enhance scenic, environmental, and safety characteristics of the highway facility and its
compatibility with adjacent National Forest System lands and resources.
b. Require the appropriate District Engineer to coordinate with the Forest
Supervisor, through the Forest Service North Dakota Coordinator, all maintenance which
involves additional clearing, slash disposal, disposal of slough material, changes in road drainage
patterns, material source and storage, and similar actions which involve National Forest System
lands.
c. Use chemicals in right-of-way clearing only after specific written
approval has been given by the Forest Supervisor through the Forest Service North Dakota
Coordinator. Application for such approval must be in writing and specify the time, methods,
chemicals, and exact location and portion of the right-of-way to be chemically treated.
2. The FOREST SERVICE will:
a. Expedite review and agreement on maintenance items requiring
FOREST SERVICE concurrence or approval.
b. Assist STATE maintenance personnel with matters related to equipment
parking and materials storage, emergency communication needs, material sources, designating
slough and slash material disposal areas and road drainage pattern changes.
c. Advise the STATE of planned FOREST SERVICE activities which may
have an impact on highway operation or maintenance.
d. Right-of-Way Management Plan. It may be necessary to jointly
prepare and execute a right-of-way management plan to identify and resolve mutual concerns
specific to a certain project. The FOREST SERVICE will take the lead in developing the plan
unless otherwise agreed.
Preparation and subsequent modification of right-of-way management plans will be carried out at
the Forest level. The plans will be approved by the Forest Supervisor, and approved on behalf
of the STATE by the District Supervisor, or other appropriate management official.
Joint field review of rights-of-way is important to assure mutual understanding of needs,
treatments, and objectives.
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B. Signing
1. National System of Interstate and Defense Highways. All signing within the
right-of-way limits on the National System of Interstate and Defense Highways will be installed
by the STATE in conformance with Federal requirements. When warranted by the interest and
importance of the area, the STATE may erect appropriate guide signs concerning land status and
available facilities on National Forest System lands.
2. State and U.S. Numbered Highways on National Forest System lands. Final
decision on all signs on these highways rests with the STATE. The FOREST SERVICE is
authorized to, and with approval of the STATE can, erect and maintain signs on these facilities.
a. The STATE will install and maintain all traffic control (regulating and
warning), guide, information, route designation, and other traffic signing within rights-of-way,
including necessary signs at intersections of Forest Service and other public road intersections.
b. The FOREST SERVICE will coordinate and consult with the
appropriate District Engineer in the planning, installation, and maintenance of signs of Forest
Service design for identification of, but not limited to: National Forest boundaries, Forest
Service recreation and administrative sites, including approach signs thereto; trail junctions,
historical, archeological, and other interpretive signs, including the naming of natural features
and fire prevention or other signs calling attention to hazardous Forest conditions.
3. Forest Service Distinctive Routes. Distinctive routes are Forest Service roads
that are significant insofar as identification for public travel is concerned and are identified by
the Distinctive Route Markers itemized in the Manual of Uniform Traffic Control devices.
These routes usually connect State highways or provide access to major facilities and appear on
official State highway maps. In many instances, the Forest Service road is only a part of the
route along with segments of public roads. The route numbers the FOREST SERVICE assigns
will conform to State policies and procedures for route numbering. The FOREST SERVICE
will furnish the STATE with a list of proposed distinctive routes for review and will coordinate
route numbering with the STATE as the necessity for route numbering arises.
4. This section of this memorandum may be supplemented with additional
agreements between the STATE and FOREST SERVICE further defining authorities and
responsibilities for signing.
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C. Highway Safety Act
Highway Safety program Standard No. 9 of the Highway Safety Act requires the
STATE to have a program for identifying accident locations and to maintain a repository of
records concerning all motor accidents in the State. The FOREST SERVICE will cooperate
with the STATE in developing a system of surveillance on their roads that will meet STATE
needs in meeting requirement of the law.
D. Access Control
1. Access to the National System of Interstate and Defense Highways will be by
way of established interchanges, except as noted in Item 5 below.
2. All approaches added to State of U.S. highways after construction will be
subject to approval by the STATE with appropriate permit, except as noted in Item 5 below.
3. The FOREST SERVICE will obtain a permit from the STATE for its
permanent roads which connect the State right-of-way. The FOREST SERVICE will also
stipulate in its permits to others that approval for road construction over National Forest System
lands within the right-of-way is contingent upon approval by the STATE for connections to State
and U.S. highways.
4. Permanent new approaches to State and U.S. highways constructed by the
FOREST SERVICE or its permittee will be at the expense of the FOREST SERVICE or its
permittee.
5. Temporary approaches required by the FOREST SERVICE during fire fighting
operations or other emergencies may be constructed as necessary after the State District Engineer
has been notified. Obliteration of such temporary approaches and restoration measures
necessary will be at the expense of the FOREST SERVICE. The appropriate District Engineer
shall be notified when such temporary approaches are removed.
6. The STATE and the FOREST SERVICE shall jointly review and agree to the
location, design, and perpetuation of all highway turnouts, and widening for viewpoints,
historical and interpretive signing, rest areas, drinking fountains, roadside parking for fishing,
camera stops, traveler information, and similar sites. Details of agreed actions will be made a
matter of record by both parties.
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III. Conclusion
A. State District Engineer and Forest Supervisor are encouraged to consult with each
other, either directly or through the Forest Service North Dakota Coordinator, and to agree on
such matters as fall within their scope of responsibility. Matters which require consideration at
a higher level should be referred to the Highway Department Chief Engineer and the Regional
Forester. Correspondence sent to the FOREST SERVICE should be sent directly to the
Regional Forester with a copy to the Forest Supervisor through the Forest Service North Dakota
Coordinator.
B. This memorandum may be amended or supplemented by mutual agreement between
the signers or their successors. This memorandum may be terminated by either party upon a
30-day written notice to the other party.
C. We have approved the foregoing and agree to accept and abide by the procedures
therein:
NORTH DAKOTA STATE HIGHWAY
DEPARTMENT
Date:
5-17-80
By:
/s/ Ray
??
Chief Engineer
U. S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Date:
5/25/88
By: /s/Christopher
Risbrudt
For Regional Forester
Northern Region
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APPENDIX A
Procedures for County and State Right-of-Way Easements on
Existing Highways Across National Forest System Lands
A. For Forest Road and Trail Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 532-538)
provides for the issuance of USDA Public Road Easements to the County on non-Federal
Aid System roads where no federal aid is involved on any portion of the project:
1. The County applies for an easement directly to the Custer National Forest Supervisor,
Billings, Montana.
2. The Custer National Forest Supervisor reviews and transmits County's request with
his/her recommendation to the Regional Forester, Missoula, Montana, for appropriate action.
B. For DOT easements to the County on Federal Aid System roads, and non-Federal aid
system roads where federal highway funds are involved in all or a portion of the project:
1. The County submits four full-size copies of preliminary plats to Regional Forester,
Missoula, Montana, for preliminary review.
2. The Regional Forester, Missoula, Montana, sends three copies of plats to the Custer
National Forest Supervisor.
3. The Custer National Forest personnel check plats for adequacy and accuracy regarding
right-of-way width, ownership and plat requirements.
4. The County, Custer National Forest, and State Highway District Engineer personnel
meet for an on-the-ground review to discuss mutual requirements, and come to an agreement
regarding the right-of-way and Right-of-Way Management Plan, if appropriate.
5. The Custer National Forest sends marked-up plat and a Right-of-Way Management
Plan, if appropriate, signed by the Forest Service to the Regional Forester, Missoula, Montana,
for review and legal sufficiency.
6. The Regional Forester, Missoula, Montana, sends marked-up plat and a Right-of-Way
Management Plan, if appropriate, to the County. The County makes corrections to right-of-way
plat and signs Right-of-Way Management Plan, if any.
7. The County sends two full-size copies of final plat and two copies of executed
Right-of-Way Management Plan, if any, to the Regional Forester Missoula, Montana.
8. The Regional Forester sends one copy of executed Right-of-Way Management Plan
and one copy of the final plat to the Custer National Forest. The Custer National Forest
Engineer reviews and signs the plat.
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9. The Custer National Forest returns signed plat and letter of consent to the Regional
Forester.
10. The Regional Forester, Missoula, Montana, sends the signed plat (if there are not
corrections) to the County.
11. The County submits request for DOT easement and final plat with signature block signed
by the appropriate County official with Right-of-Way Management Plan, if appropriate, along
with five copies of the final right-of-way plats and four copies of the reduced design plans, to the
STATE.
12. The STATE transmits the easement request package to the FHWA Division Office.
13. The FHWA Division Office reviews and signs signature block and sends request for letter
of consent and final plat with signature block to the Regional Forester.
14. The Regional Forester, Missoula, Montana, signs letter of consent and signature block of
plat and returns entire package to the FHWA Division Office. Copies of the letter of consent
only will be distributed to the County, State and Forest by the Regional Forester, Missoula,
Montana.
15. The STATE prepares the DOT easement for the County and forwards the original and
two copies to the County so they can review, execute, and notarize the easement deed. The
original and two copies of the executed easement are returned to the STATE and are forwarded
by the STATE to the FHWA Division Office. The FHWA Division Office forwards the letter of
consent together with the STATE's application, signed stipulation, and original and one copy of
the executed easement deed to the FHWA Regional Office (Denver).
16. The FHWA reviews and executes the Highway Easement Deed which was prepared by
the STATE. After execution, the easement deed is returned to the STATE and the STATE
forwards the easement deed and plat to the County for recording.
17. The County sends six copies of the recorded easement deed and plat to the STATE.
18. The STATE sends five copies of the recorded easement to the FHWA Division Office.
19. The FHWA Division Office forwards four copies of the recorded easement deed and plat
to the Regional Forester.
20. The Regional Forester Distributes the four copies as follows:
Regional Office - 1 copy
Supervisor's Office - 1 copy
District Office - 1 copy
BLM State Office - 1 copy
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On receipt of the recorded easement and plat, the Forest Service will terminate any outstanding
special-use authorizations to the State or County for those rights-of-way included in the recorded
DOT easement.
NORTH DAKOTA STATE
HIGHWAY
DEPARTMENT
Date:
5-17-88
By:
/s/ Ray ?
Chief Engineer
U. S. DEPARTMENT OF
AGRICULTURE
FOREST SERVICE
Date:
5/25/88
By:
/2/ Christopher Risbrudt
For Regional Forester
Northern Region
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MONTANA
MEMORANDUM OF UNDERSTANDING ON PROCEDURES
RELATED TO STATE HIGHWAYS
OVER NATIONAL FOREST LANDS
This memorandum of understanding by and between the STATE of MONTANA, Department of
Highways, hereinafter called the "/state" and the REGIONAL FORESTER of the NORTHERN
REGION, UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE,
herinafter called the "FOREST SERVICE," establishes procedures for coordinating the location,
construction, management, operation, maintenance, signing, access, protection, and conservation
of environment, control of pollution, and other matters related to State Highway development,
use, and occupancy of National Forest lands.
It is mutually recognized that:
The STATE is responsible for planning, designing, constructing, and perpetuating a safe and
efficient public highway system needed for the benefit of the using public, in accordance with
Title 23, U.S.C. Highways. They are also charged with ensuring that social, economic, and
environmental effects are considered in the planning and design of proposed highway
construction projects and that the proposed projects are in the best overall interest of the public,
and
The FOREST SERVICE is charged with the protection and multiple use management of
National Forest System Lands and resources for the use and benefit of the public and for the
development of a Forest Transportation System needed to accomplish these purposes, and
Since many public highways traverse National Forest System Lands, the STATE will need
authorization to use such lands for rights-of-way, waste areas, material sources and for highway
construction and maintenance operations, and
Since State highway construction, operation and maintenance affects Forest Service management
of National Forest System lands and adjacent areas, and
Since the National Environmental Protection Act requires that highway building agencies early
in the planning process notify Federal land management entities of impending developments and
solicit their views, and
Since Executive Order 11593 and the Historic Preservation Act of 1966 require that certain
archeological and historical evaluations have to be made on National Forest System Lands
before construction activities begin, and
Since elements of the Forest Transportation System and other improvements are connected or
adjacent to public highways the FOREST SERVICE will need authorization or concurrence for
development of improvements as they affect highway administration and traffic management, and
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Since the operation of both systems are interrelated and their maintenance and operations have to
be coordinated, and
Since lack of advance coordination or full realization of the role of the STATE and FOREST
SERVICE can result in differences which are difficult, costly, and time-consuming to solve, and
In recognition of the responsibilities, interests, and limitations set forth above, and the mutual
benefits of established procedures to facilitate agreement on specific highway matters on or
adjacent to National Forest System Lands, the STATE and the FOREST SERVICE mutually
agree as follows:
I. Highway Development - In response to Federal and State legislation, the STATE gives full
consideration to the social, economic and environmental effects of proposed highway
development, enhancement of highway safety and to assure that decisions on such development
be made in the best overall interest of the public.
A. Planning
1. The STATE will:
a.Provide the FOREST SERVICE with inventories and functional classification of
the total transportation system of the STATE.
b.Respond to FOREST SERVICE requests for comments on Forest Service land
use plans and consequent transportation plans.
c.Provide the FOREST SERVICE with copies of the current construction program.
2. The FOREST SERVICE will:
a.Provide the STATE with existing and planned Forest Service land uses and the
relationship between these uses and the travel they generate.
b.Notify the STATE of changing uses that might affect the function of components
of the National Forest road system.
c.Provide the STATE with Forest Service long range road plans that identify
needed connecting points to the State system.
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B. Location Studies
1. The STATE will:
a.Notify the FOREST SERVICE of programmed location studies on or near
National Forest System lands through a State of Montana Letter of Intent.
b.Invite FOREST SERVICE attendance at the Location Field Review for projects
involving National Forest System Lands.
c.Provide FOREST SERVICE copies of the Location Planning Report, translite
prints, contour mapping if available, and other pertinent data for use in preparing an assessment
of resource impacts and management situations related to the proposed highway development to
be used by the STATE in their preparation of the appropriate environmental document. The
STATE will allow ample time, depending upon the season and complexity of the project, for the
FOREST SERVICE to investigate and complete the report.
d.Request determination and documentation from the FOREST SERVICE as to
whether or not the project will affect any lands protected under Section f(f) of the Department of
Transportation Act of 1966 as amended.
e.Provide the FOREST SERVICE with copies of reports of all archeological and
historical investigations involving Forest Service lands. Submit for comment and
recommendation to the State Historic Preservation Office (SHPO) and, if appropriate, to the
Advisory Council on Historic Preservation, copies of all historic and archaeological reports on
National Forest System Lands. Provide copies of responses to Forest Service. If needed,
develop plans and implement measures for mitigations of impacts in compliance with procedures
in 36 CFR 800.
2. The FOREST SERVICE will:
a.If needed, participate in the Location Field Review.
b.After receiving the Location Planning Report, begin investigation for a report on
assessment of impacts on land resources. This assessment will address effects on Forest Service
visual management plans, aesthetics, archeological and historical sites, as well as on wildlife and
other more obvious resources. The report will aid the STate by defining and depicting areas
needing advance coordination in the planning, location, and design.
c.Concur with STATE's suggested date, or work out a mutually agreeable alternate
date, to complete the assessment of resource impacts and when completed, forward the report to
the STATE.
d.Furnish STATE with 4(f) determination.
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e.Provide special use authorizations to the STATE for archaeological and historic
sites inventory and evaluation.
C. Environmental Documentation
1. The STATE will:
a.Provide the FOREST SERVICE with copies of the STATE environmental
document and notice of the public hearing.
b.Discuss with the FOREST SERVICE the desirability of withdrawing highway
corridor lands from mineral entry pending issuance of a Highway Easement Deed.
c.Notify the FOREST SERICE of the route selected.
2. The FOREST SERVICE will:
a.If necessary, participate in the public hearing.
b.Provide comments on the environmental document and the selected alternate.
D. Survey
1. The STATE will:
a.Request a joint STATE-FOREST SERVICE review of the selected route.
2. The FOREST SERVICE will:
a.Participate in the field review of the selected route and provide assistance and
counsel to the STATE on environmental protection matters.
b.Furnish available data and information on such matters as land corner locations,
property line boundaries, maps, and access routes.
c.Explain FOREST SERVICE organization and regulations pertaining to fire
prevention and suppression.
d.Review requirements and limitations related to clearing for survey lines and
material source investigations.
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E. Highway Design
1. Preliminary Design
a.The STATE will:
(1)Provide the FOREST SERVICE two sets of preliminary plans and invite
FOREST SERVICE participation in the preliminary plan-in-hand review.
(2)Provide FOREST SERVICE copies of the preliminary plan-in-hand
report and request comments.
(3)Coordinate project location and design with the terms of the Corridor
Management Plan, if such a plan exists for the corridor within which the project resides. If a
Corridor Management Plan does not exist, consider its development as a part of the
scope-of-work for the project or the programming of a separate project for the development of a
Corridor Management Plan.
b. The FOREST SERVICE will:
(1)Participate in the preliminary plan-in-hand review.
(2)Advise the STATE of any recommended changes in preliminary design.
Furnish the STATE advice and assistance on design matters involving National Forest interests,
such as preservation and restoration of fish and game habitat and food sources likely to be
affected by construction and maintaining vegetal cover on disturbed areas.
(3) Participate with the STATE in the development of the Corridor
Management Plan.
2. Design Approval
a.The STATE will send the FOREST SERVICE notice of the design public hearing
if required.
b.The FOREST SERVICE will provide comments on the design either at the design
public hearing or by subsequent correspondence.
3. Final Design
a. The STATE will:
(1)Provide the FOREST SERVICE two sets of final plan-in-hand plans
along with proposed general contract provisions covering work on National Forest System Lands
and invite FOREST SERVICE participation in the final plan-in-hand review.
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(2)Provide FOREST SERVICE copies of the final plan-in-hand report and
request comments.
b. The FOREST SERVICE will:
(1)Participate in the final plan-in-hand review.
(2)Advise the STATE, within 30 days, of any recommended changes in the
proposed final designs.
(3)Advise the STATE of appropriate arrangements for disposal of
merchantable timber.
(4)If needed, suggest or designate sites for storage and disposal of clearing
and grubbing debris and designate sites for disposal of excess excavation material.
(5)Provide information on probable limits of fire season, inherent fire
hazards, fire prevention and control requirements, possible use of contractor's forces and
equipment for fire suppression to be included in the Fire Protection Plan.
(6)Provide information on the need for detours for National Forest traffic,
maintenance of Forest Service roads used for detours during construction, use of Forest Service
roads for work roads, replacement of Forest Service facilities and signs. The temporary use of
such Forest Service roads will be authorized under special use permit.
(7)Collaborate with the STATE to determine the extent and type of control
needed to minimize dust, noise, objectionable odors, air and water pollution, or contamination
associated with construction work.
(8)Develop stipulations to cover conditions or needs not adequately covered
by plans or the general contract provisions.
c.The STATE will consider the Forest Service advice and suggestions and will
incorporate these agreed to into the plans.
4. Final Plan Approval
a.The STATE will provide two (2) sets of highway plans and specifications.
b.The FOREST SERVICE will:
(1)Review and approve the plans. Such approval does not relate to
highway engineering functional items but acknowledges that Forest Service requirements
relating to Service needs and impacts on National Forest System Lands have been met.
(2)Revise stipulations to conform to final plans.
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F. Right-of-Way
1.Easement Application
a.The STATE will submit to the Federal Highway Administration (FHWA) a
request for appropriation and transfer of right-of-way. Copies of the request will be forwarded
to the FOREST SERVICE along with complete right-of-way plats and exhibits showing the final
location of the highway project and a description, by 40-acre subdivision or Government lot
number, of the land to be occupied by the proposed right-of-way.
b.Division Administrator, FHWA, determines from this request for appropriation
and transfer whether lands are reasonably necessary for rights-of-way for the highway project.
c.Division Administrator, FHWA, forwards STATE's request to Regional Forester
for agreement and approval.
2. Letter of Consent
a.The FOREST SERVICE will:
(1)Review the STATE application, final survey, and design.
(2)Prepare and sign a final draft of stipulations to the FOREST SERVICE.
b.The STATE will return the signed stipulations to the FOREST SERVICE.
c.The FOREST SERVICE will:
(1)Prepare a letter of consent for the appropriation and transfer of National
Forest System Land to the STATE for highway purposes.
(2)Send the letter of consent to Regional Administrator, FHWA, and the
STATE, together with a copy of the signed stipulations.
(3)Upon issuance of the letter of consent, the FOREST SERVICE
authorizes immediate entry on National Forest System Lands subject to the terms set forth in the
stipulations and letter of consent.
d.Regional Administrator, FHWA, will forward the letter of consent together with
the STATE's application and the signed stipulations to Federal Highway Administration,
Regional Office.
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3.Rights-of-Way Conveyance
a.The STATE will:
(1)On receipt of the letter of consent, prepare the Highway Easement Deed,
execute it on behalf of the State and forward it to the Division Administrator FHWA for
subsequent execution by the FHWA Regional Counsel.
(2)Record the executed Highway Easement Deed in County records.
(3)Send four copies of the recorded Highway Easement Deed to the
FOREST SERVICE.
(4)Send two copies of the recording information to the FHWA.
b.The original of the Highway Easement Deed is filed in the State's Land Section,
Right-of-Way Bureau.
G.Construction
1.The STATE will:
a.Have the District Construction Supervisor advise the Forest Supervisor, in
writing, of award of construction contract, and furnish the name and title of the on-the-job
representative whom the Forest Supervisor contact regarding matters related to the construction
work.
b.Invite the Forest Supervisor to attend preconstruction conference with the
successful bidder.
c.Control construction under its contracts to assure work is in accordance with
approved design plans and agreements.
d.Have the District Construction Supervisor contact the Forest Supervisor for
agreement prior to starting any work under changed conditions that develop, prior to or during
construction, which alter the land use aspect of approved plans.
e.Request appropriate Forest Supervisor to participate in final project inspections.
2.The FOREST SERVICE will:
a.Consult only with the District Construction Supervisor or his designated
representative on matters pertaining to project construction.
b.Furnish the STATE with information on needs for detouring National Forest
traffic.
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c.Issue authorizations directly to the contractors for burning, campsite locations,
and water sources after agreement with the designated STATE representative. Copies of all
authorizations issued will be furnished to the STATE.
d.Participate in final project inspections and make recommendations to the STATE
on matters related to FOREST SERVICE responsibility for land and resource management.
II. Highway Management
A. Maintenance
1.The STATE will:
a.Conduct maintenance operations in a manner which will preserve and enhance
scenic, environmental, and safety characteristics of the highway facility and its compatibility
with adjacent National Forest System Lands and resources.
b.Require the appropriate Maintenance Chief to: (1) to manage the highway
easement as mutually approved during development of the highway improvements plans and/or
Corridor Management Plan; and 2) coordinate with the Forest Supervisor all maintenance which
involves additional clearing, slash disposal, disposal of slough material, changes in road drainage
patterns, materials source and storage, and similar actions which involve National Forest System
Lands.
c.Use chemicals in right-of-way clearing only after specific written approval has
been given by the FOREST SERVICE. Application for such approval must be in writing and
specify the time, methods, chemicals, specific location, and exact portion of the right-of-way to
be chemically treated.
2.The FOREST SERVICE will:
a.Expedite review and agreement on maintenance items requiring FOREST
SERVICE concurrence or approval.
b.Assist STATE maintenance forces with matters related to equipment parking and
materials storage, emergency communication needs, materials sources, designating slough and
slash material disposal areas and road drainage pattern changes.
c.Advise the STATE of planned FOREST SERVICE activities which may have an
impact on highway operation or maintenance.
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B.Signing
1.National System of Interstate and Defense Highways. All signing within the
right-of-way limits on the National System of Interstate and Defense Highways will
be installed by the STATE in conformance with Federal and State requirements.
When warranted by the interest and importance of the area, the STATE may erect
appropriate guide signs concerning land status and available facilities on National
Forest System Lands.
2.State and U.S. Numbered Highways on National Forest System Lands. Final decisions
on all signs on these highways rests with the State. The FOREST SERVICE is
authorized, with concurrence of the STATE, to erect and maintain signs on these
facilities.
a.The STATE will install and maintain all traffic control (regulatory and warning),
guide, information, route designation, and other traffic signing within rights-of-way, including
necessary signs at intersections of Forest Service and other public road intersections.
b.The FOREST SERVICE will coordinate and consult with the appropriate
Maintenance Chief in the planning, installation, and maintenance of signs of Forest Service
design for identification of, but not limited to: National Forest boundaries, Forest Service
recreation and administrative sites, including approach signs thereto; trail junctions, historical,
archeological, and other interpretive signs, including the naming of natural features and fire
prevention or other signs calling attention to hazardous Forest conditions.
3.Forest Service Distinctive Routes. Distinctive routes are Forest Service roads that are
significant insofar as identification for public travel is concerned and are identified
by the Distinctive Route Markers itemized in the Manual of Uniform Traffic
Control devices. These routes usually connect State Highways or provide access
to major facilities and appear on official State Highway maps. In many instances,
the Forest Service road is only a part of the route along with segments of public
roads.
The route numbers the FOREST SERVICE assigns will conform to State policies
and procedures for route numbering. The FOREST SERVICE will furnish the
STATE with a list of proposed distinctive routes for review.
4.This section of this Memorandum may be supplemented with additional agreements
between the STATE and FOREST SERVICE further defining authorities and
responsibilities on signing.
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C. Access Control
1.Access to the National System of Interstate and Defense Highways will be by way of the
established interchanges, except as noted in Item 5 below.
2.The FOREST SERVICE will obtain an Approach Application and Permit from the
STATE for its permanent roads which connect within the State right-of-way. The
FOREST SERVICE will also stipulate in its permits to others that approval for road
construction over National Forest System Lands within the right-of-way is
contingent upon approval by the STATE for connections to State and U.S.
Highways.
3.Permanent new approaches to State and U.S. Highways constructed by the FOREST
SERVICE or its permittee will be at the expense of the FOREST SERVICE or its
permittee.
4.Temporary approaches required by the FOREST SERVICE during fire fighting
operations or other emergencies may be constructed as necessary without approval
by the STATE. Obliteration of such temporary approaches and restoration
measures necessary will be at the expense of the FOREST SERVICE. The
appropriate Maintenance Chief shall be notified when such temporary approaches
are installed and when they are removed.
5.The STATE and the FOREST SERVICE shall jointly review and agree to the location,
design, and perpetuation of all highway turnouts, and widening for viewpoints,
historical and interpretive signing, rest areas, drinking fountains, roadside parking
for fishing, camera stops, traveler information, and similar sites. Details of agreed
actions will be made a matter of record by both parties.
III. Corridor Management Plan
A. Objective: To develop and utilize a Corridor Management Plan in the construction,
operation and maintenance of State Highways across National Forest System lands.
B. Development:
1. A Corridor Management Plan will normally be developed for a Corridor, but may be
developed for a segment of a corridor, depending on the needs and capabilities of both Agencies.
2. The STATE and FOREST SERVICE will coordinate to identify corridors and schedule
priorities for development of corridor management plans.
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3. The Corridor Management Plan should consider the incorporate those factors which
are appropriate to enhance Highway aesthetics and safety. Examples of these factors are:
a) Highway design criteria and standard
b) vehicle speed
c) volume of traffic
d) cut or fill slopes
e) roadway alignment
f) design techniques to abate fixed object safety hazards
g) varying widths of clearing
h) Highway maintenance needs; i.e., disposal, icing, fencing, drainage,snow
removal/storage, and etc.
i) recovery areas/safety
j) enhancement of recreation opportunities: i.e.,
1) scenic vistas, camera pullouts
2) bike ways and accommodations
3) contouring of vegetation and trees to limit "tunnel effect"
4) accommodate special recreation events
5) clearing to provide visual access to older, large trees
6) relocate and/or bury utilities
k)ground cover control for visual and maintenance
l)preservation of unique species of trees/vegetation
m)wet lands
n)clearing limits defined for Highway maintenance
C. Review:
The Corridor Management Plan will be reviewed periodically by the Forest Supervisor and
District Engineer (MDOH).
IV.Conclusion
A.District Construction Supervisors, Maintenance Chiefs and Forest Supervisors shall meet, as
needed, to consult with each other and to agree on such matters as fall within their scope of
responsibility. Matters which require consideration at a higher level should be referred to
the Director of Highways and the Regional Forester. Correspondence sent to the
FOREST SERVICE should be sent to the Regional Forester with a copy to the concerned
Forest Supervisor.
B.This memorandum may be amended or supplemented by mutual agreement between the
signers or their successors. This memorandum may be terminated by either party through
30-day written notice to the other.
C.This memorandum with its authorities and procedures supersedes and replaces the
Memorandum of Understanding between the STATE of MONTANA, DEPARTMENT OF
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HIGHWAYS, and the REGIONAL FORESTER of the NORTHERN REGION, and signed
August 22, 1978, by the STATE.
DThis memorandum will be reviewed by the STATE and FOREST SERVICE every five years.
E.We have approved the foregoing and agree to accept and abide by the procedures therein:
STATE OF MONTANA, DEPARTMENT OF HIGHWAYS
Date:
July 27, 1988
By:
/s/ John L. Prebil
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Date:
August 19, 1988
By:
/s/ Christopher D.
Risbrudt
For Regional Forester,
Northern Region