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FOREST SERVICE MANUAL
DENVER, CO
TITLE 1500 - EXTERNAL RELATIONS
Supplement No. 1500-96-1
Effective February 11, 1996
POSTING NOTICE: Supplements are numbered consecutively by Title and
calendar year. Post by document name. This supplement replaces all Region 2 text
except Interim Directives (ID). Retain this transmittal as the first page of this
document. The last supplement to this Title was Supplement 1500-95-2 to FSM
1566.2-1566.23a.
This supplement supersedes Supplement 1500-95-1 to 1561-1561.9.
Document Name
1561-1561.9
1561-1561.9-Part011561-1561.9-Part02
Superseded New
Number of Pages)
13
-
13
24
Digest:
This supplement reissues Exhibit 01 with no text changes and adds Exhibit 02.
Because of volume, new document names are being used for Agreements and MOU's
in FSM 1561.9.
1561.9 - Exhibit 02 adds Memorandum of Understanding related to activities
affecting the state transportation system and public lands in the State of Colorado.
ELIZABETH ESTILL
Regional Forester
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FSM 1500 - EXTERNAL RELATIONS
R2 SUPPLEMENT 1500-96-1
EFFECTIVE 2/11/96
CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;
PUBLIC AND PRIVATE ORGANIZATIONS
1561.9 - Transportation Agencies.
1561.9 - Exhibit 01
MEMORANDUM OF UNDERSTANDING
between the
USDA Forest Service, Rocky Mountain Region and Northern Region
and
South Dakota Department of Transportation
and
Federal Highway Administration, South Dakota Division
I.
PURPOSE
This Memorandum of Understanding (MOU) between the South Dakota
Department of Transportation (SDDOT), the Federal Highway
Administration - South Dakota Division (FHWA), and the U.S. Department
of Agriculture - Forest Service, Rocky Mountain Region and Northern Region
(USFS), establishes procedures for coordinating transportation activities on
National Forest System (NFS) lands within the State of South Dakota.
II.
ROLES AND AUTHORITIES
The SDDOT is responsible for the planning, location, design, construction
and perpetuation of a safe and efficient public highway system needed for the
benefit of the using public in accordance with Title 23, U.S.C. They are also
charged with ensuring that social, economic and environmental effects are
considered in the planning and design of highway construction projects and
that the projects are in the best overall interest of the public; and
The FHWA administers federal highway funding to the states. The FHWA is
the lead agency for implementing the National Environmental Policy Act of
1969 (NEPA), as amended, and implementing the regulations of 40 CFR
1500-1508 as they relate to Title 23 U.S.C. projects; and
The USFS is charged with the protection, occupancy and multiple use
management of NFS 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
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1561.9 - Exhibit 01--Continued
Since many public highways traverse NFS lands, the SDDOT will need
authorization to occupy such lands for rights-of-way, waste areas, material
sources and highway construction and maintenance operations; and
Since elements of the Forest Transportation System and other improvements
are connected or adjacent to public highways, the USFS will need approval
for development of improvements which may have an effect on highway
administration; and
Since lack of advance coordination and full realization of the role of the
SDDOT, the FHWA and the USFS can result in differences which are
difficult, costly and time-consuming to resolve; 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 NFS lands, the SDDOT, the
FHWA and the USFS mutually agree to abide by procedures outlined in this
Memorandum of Understanding.
III.
LONG RANGE PLANNING
A. The SDDOT and the USFS shall provide, as requested by the other party,
the following information:
1.
The SDDOT shall provide the USFS with inventories and
functional classification of the State transportation system.
2.
The USFS shall provide input to the SDDOT in their functional
classification of rural highway systems.
3.
The USFS shall provide the SDDOT with Forest SERvice Land
Management Plans (FLMP's) that indicate existing and planned
NFS land uses, and the relationship between these uses and
related travel.
4.
The SDDOT shall provide the USFS with copies of the annual
Statewide Transportation Improvement Program (STIP).
B. The SDDOT, the USFS and the FHWA's Central Federal Lands Highway
Division (CFLHD) will jointly develop a multi-year PUblic Lands Highway
(PLH) Program. Proposed projects will be submitted by the USFS, the
SDDOT and County Commissioners.
C. The USFS shall notify the SDDOT 120 days prior to any project which
will impact SDDOT maintained highways. The USFS shall comply with
sight distance and working distance requirements of the SDDOT.
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1561.9 - Exhibit 01--Continued
IV.
PROJECT COORDINATION
A. The USFS shall consult with the SDDOT on specific NFS projects that
may affect State highways.
B. The SDDOT shall notify the USFS of proposed project(s) and request
information on developed recreation sites, potential historic properties or
other lands that should be protected under Section 4(f) or potential
material sources in the vicinity. In this notification, the SDDOT will
designate a SDDOT Project Coordinator.
C. The USFS shall designate a USFS Project Coordinator and advise the
SDDOT of any potential 4(f) properties and inconsistencies with the
FLMP.
D. The SDDOT and USFS Project Coordinators shall jointly prepare a
"COORDINATION SCHEDULE - SDDOT/USFS" (Exhibit 1). If changes
occur in scheduling during the life of the project, a revised schedule shall
be prepared by the Project Coordinators.
V.
PRELIMINARY FIELD REVIEW AND SURVEY
A. The SDDOT shall consult with the USFS to determine necessary
authorizations or permits required prior to starting any field surveys or
site investigations, including heritage resources inventory.
B. The USFS shall authorize the SDDOT to survey, with any needed terms
and conditions, and shall provide data on survey monuments, property
lines, maps, access routes, fire regulations, clearing limitations, material
sources and other information pertinent to the survey.
C. The SDDOT and the USFS shall participate in a joint Preliminary Field
Review.
D. The USFS shall identify facilities, special needs, forest product utilization
or mitigation measures which should be incorporated into design, such as
fences, signs, cattleguards, stock passes, approaches, etc.
E. The SDDOT shall include the USFS in the Preliminary Field Review and
submit a copy of the subsequent report to the USFS.
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1561.9 - Exhibit 01--Continued
VI.
ENVIRONMENTAL COORDINATION
A. The SDDOT, the FHWA and the USFS shall cooperate in development of
a single NEPA document of reach proposed project. This NEPA document
will be prepared to meet the needs of all decision-making agencies. The
USFS and the FHWA shall each prepare its own decision document
reflecting specific agency roles and responsibilities.
B. Roles and Responsibilities:
1.
The FHWA is the lead agency for federally funded projects and is
responsible for providing guidance and direction to the SDDOT in
the preparation and processing of NEPA and other documents,
and for approval of the NEPA document. The FHWA is also
responsible for ensuring compliance with NEPA and other federal
laws, regulations, and executive orders: e.g., historic
preservation, endangered species, 4(f) requirements, floodplains,
wetlands and the Clean Water Act. The NEPA requirements and
format are determined by the FHWA based on 40 CFR 1500-1508
and 23 CFR 771 regulations and requirements.
2.
The SDDOT is responsible for preparation of the NEPA
documentation for all aspects of the project, including material
sources, under the guidance of the FHWA and for requesting any
specific assistance or necessary expertise. The SDDOT is also
responsible for preparation of the documents necessary for
compliance with other federal laws, regulations and Executive
Orders.
3.
The USFS is a "cooperating agency" (40 CFR 1508.5) for the
project and/or portion(s) of projects involving or affecting NFS
lands. The USFS shall review and provide written response to
the SDDOT requests concerning NEPA and other Federal laws
and regulations. The USFS decision authorizing the issuance of a
Letter of Consent for the land transfer is based on the NEPA
document and may be appealable under the USFS administrative
appeals regulations.
C. The USFS shall provide the SDDOT with supplemental social, economic
and environmental information for the project area, as available.
D. The SDDOT shall implement the coordination/scoping process and invite
the USFS to participate. The SDDOT shall document the results of the
coordination/scoping process.
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1561.9 - Exhibit 01--Continued
E. The SDDOT and the FHWA, in cooperation with the USFS, shall make a
tentative determination of the type of NEPA document to be prepared by
the SDDOT in accordance with the requirements of 40 CFR 1500-1508
and adequate for decision making. The three classes of environmental
documentation covered are Categorical Exclusions (CE), Environmental
Assessment (EA) or Environmental Impact Statement (EIS).
F. The SDDOT shall conduct cultural heritage resources inventory and
evaluation of located heritage resources within the area of potential effect
of the preferred alternative and submit a completed report to USFS.
G. The USFS shall submit a determination of effect on heritage resources
and National Register of Historic Places eligibility to the SDDOT and the
South Dakota State Historic Preservation Officer (SHPO). If the
preferred alternative will cause no effect to heritage resources, the
heritage process is concluded.
If the preferred alternative will affect heritage resources:
1.
The SDDOT shall prepare and submit to the USFS a heritage
resources mitigation plan in compliance with 36 CFR Part 800.
2.
The USFS shall provide comments on mitigation plan to the
SDDOT, the SHPO and the Advisory Council on Historic
Preservation.
3.
The SDDOT shall conduct heritage resources mitigation according
to the plan. If mitigation is not completed prior to issuance of
Letter of Consent (Coordination Schedule, Item R), it shall become
a construction stipulation attached to the Letter of Consent.
4.
The SDDOT shall provide two copies of mitigation report to the
USFS within one year of completing field work.
5.
If additional heritage resources are located after issuance of the
Letter of Consent, the SDDOT shall follow 36 CFR 800
regulations with USFS comment and approval throughout
process.
H. The USFS shall review the preliminary NEPA document and submit
comments to the SDDOT.
I. The SDDOT shall prepare a revised NEPA document, addressing
comments and recommendations from the FHWA and the USFS. If the
NEPA document is an EA or EIS, it will be issued for concurrent public
review and comment in accordance with FHWA and USFS procedures.
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1561.9 - Exhibit 01--Continued
J. The SDDOT shall coordinate response to public comments with the USFS
and the FHWA, and prepare a final NEPA document.
K. The FHWA shall review the NEPA document, render a written decision
and return it to the SDDOT.
L. The SDDOT shall submit the construction plans, other necessary plans,
the final NEPA document and signed the FHWA decision document to the
USFS.
M. The USFS shall prepare any needed Stipulations and submit them to the
SDDOT for approval. Requirements should be incorporated into the plans
as much as possible to keep written stipulations to a minimum.
N. The SDDOT shall review and sign the Stipulations and return them to
the USFS.
O. Based on the NEPA document and right-of-way (R/W) plans submitted
under Section 8, the USFS shall render a decision for the Letter of
Consent (LOC).
VII.
PROJECT DESIGN
A. The SDDOT shall provide the USFS with two sets of preliminary plans
and notify the USFS of the scheduled preliminary plan-in-hand review.
B. The USFS shall participate in the preliminary plan-in-hand review and
submit recommendations to the SDDOT.
C. The SDDOT shall incorporate mutually agreeable recommendations in the
plans and specifications.
D. The SDDOT shall provide the USFS with two sets of final construction
and R/W plans, along with proposed general contract provisions covering
work on NFS lands, and notify the USFS of the scheduled final plans-inhand review. The general contract provisions shall include the USFS
standard Fire Plan, Clearing Plan and Erosion Control Plan.
E. The USFS shall participate in the final plans-in-hand review and submit a
concurrence letter to the SDDOT, acknowledging approval and/or
recommended changes in the final design and specifications.
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1561.9 - Exhibit 01--Continued
VIII. RIGHTS-OF-WAY
A. The SDDOT shall submit final R/W plans and request for a U.S.
Department of Transportation (DOT) easement to the FHWA.
B. The FHWA shall evaluate the request for appropriation and, if in
agreement, request a Letter of Consent (LOC) from the USFS.
C. The USFS shall review the request for LOC and, if approved, issue a LOC
to the FHWA with a copy to the SDDOT. Upon issuance of the LOC, the
USFS authorizes immediate entry on NFS lands subject to the terms set
forth in the stipulations and LOC.
D. Following project completion and based on as-built plans, the FHWA shall
issue a DOT easement to the SDDOT.
E. The SDDOT shall provide four (4) copies of the recorded easement to the
appropriate USFS regional office.
F. The SDDOT shall obtain written permission from the USFS for use or
occupancy or NFS lands for other highway-related uses outside of the
easement areas (example: borrow pits adjacent to construction sites).
G. The USFS shall notify the SDDOT of any proposed land ownership
adjustment affecting the SDDOT facilities or rights-of-way.
IX.
CONSTRUCTION/RECONSTRUCTION
A. The USFS shall attend the pre-work construction conference with the
successful bidder.
B. The SDDOT and the USFS shall designate respective Construction
Coordinators to provide coordination on matters related to the
construction work or changed conditions that may alter the land use
aspect of approved plans.
C. The SDDOT and the USFS shall jointly participate in final project
inspections.
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1561.9 - Exhibit 01--Continued
X.
MAINTENANCE
A. The SDDOT shall coordinate with the USFS on maintenance activities
that may affect NFS lands, such as:
1.
Removal and disposal of dangerous trees.
2.
Disposal of slash or other waste material.
3.
Material source or storage.
4.
Any changes to drainage patterns.
5.
Snow and avalanche control.
6.
Rock scaling.
B. The SDDOT shall work with the USFS to develop roadside vegetation
management plans, to include an annual submission of chemicals used for
weed control.
C. The SDDOT shall notify the USFS of any merchantable timber which may
be generated as a result of maintenance activities.
D. The SDDOT shall identify any facilities such as fences, cattleguards, etc.,
that are USFS responsibility but would be impacted by SDDOT
maintenance within the right-of-way.
E. The USFS shall provide SDDOT maintenance personnel with information
on restrictions or requirements for equipment parking and material
storage, emergency communication needs, material sources, disposal
areas for slough and slash materials, and changes in road drainage
patterns.
F. The USFS shall advise the SDDOT of planned USFS activities which may
affect highway operations or maintenance.
XI.
SIGNING
A. The SDDOT shall furnish, install and maintain, in conformance with
federal and SDDOT requirements, all signs within the right-of-way limits
on interstate and state highway systems on NFS lands.
B. The SDDOT shall furnish, install and maintain all regulatory warning
and guide signs along the highway. All such signing shall be in
accordance with the Manual on Uniform Traffic Control Devises
(MUTCD).
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1561.9 - Exhibit 01--Continued
C. Guide signing that may be requested by the USFS includes:
1.
Approach signs for NFS facilities.
2.
Directional signs to important USFS destinations.
3.
Junction signs for USFS primary routes.
D. The USFS shall provide other needed informational signs such as the
standard National Forest boundary, recreation site, headquarters and
special interpretive signs. The USFSD shall obtain a permit from the
SDDOT for each installation that must be within the right-of-way.
Installations shall meet the requirements of the current highway safety
standards. Any regulatory warning or guide signs, such as "Logging
Trucks Entering Highway", will be in accordance with MUTCD.
XII.
ACCESS CONTROL
A. Access to interstate highways or control of access highways shall be only
by established interchanges except for emergency use, in accordance with
the rules and regulations governing the interstate highway system.
B. The USFS and its permit holders shall obtain a Road Approach Permit
for proposed approaches to state highways.
1.
The SDDOT and the USFS shall determine an access
arrangement where highway safety will not be jeopardized.
2.
New approaches shall be at the expense of the USFS or its permit
holders.
3.
Future maintenance of approaches will be covered in the Road
Approach Permit.
C. The USFS may construct temporary approaches, as necessary, during fire
fighting or other emergencies without formal SDDOT approval. THe
USFS shall notify the SDDOT as soon as practicable. Necessary
obliteration and restoration measures will be at no expense to the
SDDOT. The USFS shall take precautions during such emergencies to
safeguard highway users.
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1561.9 - Exhibit 01--Continued
XIII. THIRD PARTY OCCUPANCY
A. The grant of highway easement to the SDDOT by the FHWA does not
include the grant of any right for non-highway purposes, facilities or
occupancy by third parties. In the case of a public utility with which the
SDDOT has been negotiating permit provisions on a state highway
outside the National Forest boundary, the SDDOT may discuss with that
utility provisions which appear applicable over NFS lands. The SDDOT
will not issue a permit for the latter, but will advise the USFS of its
recommendations. The SDDOT will also advise the utility that it must
apply to the USFS for a permit for the land involved.
B. The SDDOT and the USFS shall consult before any third party occupancy
permits or other encumbrances are acted upon.
XIV. MODIFICATION, TERMINATION AND EXPIRATION
A. This MOU supersedes and replaces the MOU between the USFS and the
SDDOT, and signed by the SDDOT on October 23, 1979.
B. This MOU shall be in effect for a period of five (5) years from its date of
final signature, unless formally canceled or renewed before that data.
C. This MOU may be amended or supplemented by written mutual
agreement.
D. Deviation from any of the requirements set forth in this MOU may be
allowed only through written mutual agreement.
E. This MOU may be terminated by any party through 60-day written notice
to the other parties.
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1561.9 - Exhibit 01--Continued
Approved:
U.S. DEPARTMENT OF AGRICULTURE - FOREST SERVICE
/s/ John M. Hughes
Regional Forester
Northern Division (Region 1)
/s/ Gaines Bearden for
Regional Forester
Rocky Mtn. Region (Regions 2)
Date:
Date: 12/30/94
4/3/95
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
/s/ Richard L. Howard
Secretary of Transportation
Date:
December 9, 1994
FEDERAL HIGHWAY ADMINISTRATION - SOUTH DAKOTA DIVISION
/s/ Donald F. Kamnikar
Date:
12-13-94
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1561.9 - Exhibit 01--Continued
EXHIBIT 1
COORDINATION SCHEDULE FOR SDDOT & USFS HIGHWAY PROJECTS
PROJECT
COUNTY
DATE PREPARED
SOFS Coordinator
SDOT = SD Dept. of Transportation
USFS = USDS, Forest Service
SO = Supervisor's Office, USFS
PCEMS
REVISED
SDDOT Coordinator
FHWA = Federal Highway Administration
ROFS = Region Office, USFS
RD = Ranger District, USFS
Schedule
Schedule Task
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Date
SDDOT requests permit to survey from SO
SDDOT/SO/RD conduct preliminary route review
SDDOT conducts public scoping with SO and RD input
SDDOT/SO/FHWA tentatively determine NEPA document
req.
CE
EA
EIS _____
SDDOT conducts preliminary plans-in-hand review
with SO/RD
SDDOT submit heritage report to SO
SO submit heritage determination to SDDOT and SHPO
SDDOT submit draft NEPA document to SO
SDDOT submit final NEPA document to FHWA
SDDOT submit NEOA documents, FHWA NEPA decision
and construction plans to SO
SO submit stipulations, if needed, to SDDOT
SDDOT return signed stipulations to SO
SO complete draft decision document and submit with
fire plan and items in (J) and (L) to RO
SDDOT conduct landowners meeting, SO and RD attend
SDDOT submit ROW plans to FHWA
FHWA request Letter of Consent (LOC) from RO
RO sign decision document
RO issue decision document
SDDOT submit final plans to SO
SDDOT conduct final plans-in-hand review with SO
and RD
SDDOT submit signed final plans and specs to SO
Award date:
W. Construction Coordinators:
SDDOT
SO
Accomplish
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