R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 1 of 15
FOREST SERVICE MANUAL
PORTLAND, OREGON
TITLE 1500 - EXTERNAL RELATIONS
R-6 Supplement No. 1500-99-1
Effective: August 25, 1999
POSTING NOTICE. Supplements are numbered consecutively by title and calendar year. Post
by document name. Remove entire document, if one exists, and replace with this supplement.
The last R-6 Supplement to this manual was R-6/PNW Supplement 1500-95-3
Document Name
1535.13
Superseded New
(Number of Sheets)
17
15
Digest:
1535.13 - Adds a separate Memorandum of Understanding with U.S. Department of
Transportation, Federal Highway Administration, Western Federal Lands Highway Division
(FHWA) and the states of Oregon and Washington for the planning, programming, project
development, construction, and maintenance of Forest Highways in the states of Oregon and
Washington.
/s/Roy Roosevelt
NANCY GRAYBEAL
Acting Regional Forester
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 2 of 15
FSM 1500 - EXTERNAL RELATIONS
R6- SUPPLEMENT 1500-99-1
EFFECTIVE: August 25, 1999
CHAPTER 1530 - INTERDEPARTMENTAL
1535.13 - Memorandum of Understanding Related to Forest Highways Over National
Forest Lands.
MEMORANDUM OF UNDERSTANDING
among
OREGON DEPARTMENT OF TRANSPORTATION
and
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
(Western Federal Lands Highway Division)
and
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
REGION 6
for the
Planning, Progamming, Project Development, Construction, and Maintenance of
Forest Highways in the State of Oregon
I. Parties to Memorandum of Understanding (MOU):
The Tri-Agency group, also known as the Tri-Party Partnership, is comprised of representatives
of the Federal Highway Administration; Western Federal Lands Highway Division (FHWA);
Oregon Department of Transportation, Division of Highways (SHA); and the USDA Forest
Service, Region 6 (FS).
a. .Purpose:
The purpose of this MOU is to set forth the general procedures, mutually acceptable to the parties
hereto, for the cooperative planning, programming, environmental studies, design, construction,
and maintenance of Forest Highways (FH) in the State of Oregon pursuant to the provisions of
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 3 of 15
Title 23, USC, Sections 116, 202, 203, and 204; Title 23, CFR, Chapter 1, Subchapter G, Parts
625, 633 (Subpart C), 645 (Subpart B), 650 (Subparts A, B, and C), 652, 655 (Subpart E), 660
(Subpart A), and 771; Title 23, CFR, Chapter 1, Subchapter H; and Title 40, CFR, Chapter V,
Parts 1500 through 1508. Under the Forest Highway portion of the Public Lands Highway
Program, which is a major part of the overall Federal Lands Highway Program, Congress has
authorized funds for Forest Highways that are roads within, or provide access to, the national
forest system. Recognizing that substantial benefits will accrue to the State and Nation from the
construction and maintenance of such Forest Highways and that the Forest Highways are under
the jurisdiction of State or local governments; and further that the SHA and the FS have systems
planning, maintenance, right-of-way acquisition, and interdisciplinary capabilities available to
assist in the accomplishment of the work; it is therefore appropriate for the parties to this MOU
to set forth the general terms of their mutual cooperation in this MOU with the objective of
achieving maximum benefits from this MOU in the public interest.
b. Other Agreements:
Existing procedures for appropriating and transferring National Forest System lands, and other
operational guidelines, are contained in the current MOUs and/or Memoranda of Agreement
(MOA) between the FS and the FHWA. These include the "Memorandum of Understanding
Related to Forest Highways Over National Forest Lands," dated May 11, 1981; the
"Memorandum of Agreement Between the U.S. Forest Service and the Federal Highway
Administration for the Administration of Emergency Relief Available Under 23 USC 125 for
Federal Roads off the Federal-Aid System," dated May 25, 1979; and the "Memorandum of
Understanding Between the Forest Service and the Federal Highway Administration," dated
October 14, 1975 (which prescribes the implementation responsibilities for the elements of the
Highway Safety Program Standards). The procedures of these current MOUs/MOAs are
incorporated by reference into this MOU.
c. Forest Highway Routes:
This MOU shall cover the Forest Highway routes previously approved by the FHWA for
inclusion in the designated Forest Highway network, and any approved amendments to the Forest
Highway network. The list of such approved routes may be varied from time to time by mutual
agreement among the SHA, the FS, and the FHWA either by adding or removing routes from the
list, or by altering the description of any route to give it proper identity. Each such action shall
be documented by the FHWA.
d. Program of Projects:
A program conference will be held at least annually in accordance with 23 CFR 660.109(a) with
representatives from the SHA, FHWA, and FS who are authorized to commit their agencies to
agreement. After agreement has been reached on the program of projects, the FHWA will
prepare the approved, updated program and forward copies to Tri-Agency members and FHWA
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 4 of 15
Federal-Aid Division. The SHA will incorporate the program of projects into their statewide
transportation improvement program and will be responsible for coordinating program activities
with the local agencies. If necessary, the SHA will also forward a copy of the program to the
appropriate Metropolitan Planning Organization for incorporation into their Transportation
Improvement Program.
e. Transportation Planning/Management Systems:
Forest Highways are an integral part of the transportation in the State. Long-range statewide
transportation planning will be performed by the SHA who will work with the FS and the FHWA
on transportation planning activities of mutual concern. The SHA agrees that in performing
these functions, the planning procedures required under 23 CFR 450 will be adhered to. The
SHA agrees to integrate the long-range (20-year) Forest Highway transportation plan into the
State's long-range transportation plan. Forest Highway projects will be based on the Statewide
Transportation Plan. The SHA agrees to share information on Forest Highway routes in their
bridge, pavement, and safety management systems.
f. Project Agreement:
In addition to this MOU, a project agreement may be entered into between the FHWA and the
SHA, the FS, or local agency. The purpose of the project agreement will be to accomplish
specific project work related to this MOU. A project agreement shall be entered into between the
FHWA and the cooperator should any one or more of the following conditions apply:
(a) A cooperator's funds are to be made available for the project or any portion of the project.
(b) Federal funds are to be made available to a cooperator for any work.
(c) pecial circumstances exist which make a project agreement necessary for payment purposes
or to clarify any aspect of the project.
(d) It is necessary to document jurisdiction and maintenance responsibility.
FHWA will distribute copies of executed project agreements to all Tri-Party members as well
as the FHWA Federal-Aid Division Office.
g. Cooperative Funds:
Any funds that the SHA, FS, or local agency may make available to the project shall be covered
by a project agreement. If funds are provided on an advance basis, the FHWA shall deposit the
funds in the Treasury of the United States for the cooperative work. Payments for work
performed shall be made out of the funds provided by the SHA, FS, local agencies, or FHWA as
set forth in the project agreement.
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 5 of 15
If the cooperative funds are to be made available on a reimbursement basis as the work
progresses or upon its completion, FHWA shall submit to the Cooperator periodic billings, but
not more often than monthly, or a final billing as the case may be, showing the total amounts
expended for work accomplished and the amount owing to FHWA from the Cooperator. The
amount of cooperative funds as set forth in the project agreement shall be the maximum
commitment of the Cooperator to the project, unless changed by a modification of the project
agreement.
h. Development of Projects:
Projects included in an approved program shall be undertaken promptly, and the work carried to
completion in an expeditious manner following the schedule and priorities of the program. Each
Tri-Agency member will identify a contact person for coordination of project development with
the Tri-Agency parties. Final plans, specifications, and estimates (PS&E) will be sent to the TriAgency parties by the developing agency.
i. Compliance with Laws and Regulations:
Forest Highway projects will be planned, developed, and constructed in compliance with
applicable social, economic, and environmental (SEE) laws and regulations. The FHWA will be
the lead agency responsible for the preparation of environmental documents for the proposed
projects, including the public notification and involvement process, with the FS participating as a
cooperating agency as defined by the Council on Environmental Quality (CEQ). Under 23 CFR
771.111 and 40 CFR 1500 through 1508, the requirements mandate early and continuing
opportunities during project development for the public to be involved in the identification of
social, economic, and environmental impacts as well as impacts associated with the relocation of
individuals, groups, or institutions. The Tri-Agency agrees that appropriate procedures shall be
established, or are in place, to assure that during project development the public and other
agencies are given suitable opportunity for input to each individual project with regard to social,
economic, and environmental impacts. Agreed procedures and operational guidelines are
contained in the current MOUs/MOAs between the FS and the FHWA referenced in the "Other
Agreements" section of this MOU. The projects will be designed in accordance with 23 USC
109, 23 CFR 625, and the Manual of Uniform Traffic Control Devices (MUTCD).
j. Rights-of-Way and Rights-of-Entry:
The FHWA Federal-Aid procedures (23 CFR 712) and the procedures outlined in the FHWA's
publication, Right-of-Way Project Development Guide, shall be used for right-of-way
acquisition. Unless other provisions are specified in a project agreement, the developing agency,
the agency charged with performing project development activities, shall be responsible for
providing (1) all recorded or maintained records on the existing road and current policy on rightof-way limits, (2) current owner property lists and tax assessor's maps, (3) current ownership
R6-SUPPLEMENT 1500-99-1
1535.13
EFFECTIVE: 8/25/99
Page 6 of 15
information of private property(s), and (4) an ownership update prior to appraisal. The
developing agency will also perform a current owner title search, perform necessary work to tie
in properties, and prepare right-of-way plans and legal descriptions of each property needed for
each project.
Rights-of-entry needed for surveys and investigation pertinent to the development of the route
such as, but not limited to, land surveys, environmental surveys and investigations, and
geological investigations will be acquired by the developing agency or their agent. Rights-ofway needed on FS land will be handled in accordance with the current MOUs. Repair of any
damage resulting from these surveys and investigations will be funded by the developing agency
as appropriate. Acquisition of rights-of-way or other interests in property needed for a project
and the preparation of rights-of-way certification letters will be the responsibility of the
jurisdictional agency or their agent. The cost of rights-of-way acquisition will be at the
jurisdictional agency's expense unless otherwise provided in the project agreement.
The appropriation and transfer of the rights-of-way over National Forest System lands will be in
accordance with the current MOUs and/or, upon its execution, the "Memorandum of
Understanding Between the United States Department of Agriculture, Forest Service, and United
States
Department of Transportation, Federal Highway Administration, Regarding the Appropriation
and Transfer of National Forest System lands for Highway Purposes."
k. Materials Sources, Borrow Sources, and Waste Areas:
Most projects require the development, use, and restoration of sources of materials for roadway
construction, borrow sources, and waste areas. As appropriate, the FS, SHA, and local
cooperators agree to facilitate the use of such areas under their jurisdiction in accordance with
applicable land use requirements.
l. Construction of Projects:
Unless otherwise provided in the project agreement for the specified project, the construction of
Forest Highway projects shall be accomplished by the FHWA in accordance with the approved
Forest Highway Program. For all such projects, and projects constructed by other agencies,
construction shall be in compliance with the PS&E approved for the project, and in conformity
with the Federal Highway Act as amended and supplemented, Forest Highway Regulations,
Federal Acquisition Regulations (48 CFR 1), and Transportation Acquisition Regulations (48
CFR 12) by contract entered into by competitive bids unless some other method is determined by
the FHWA to be appropriate. The construction will be governed by the plans supported by the
current edition of the Standard Specifications for Construction of Roads and Bridges on Federal
Highway Projects or State Highway specifications as applicable. All work will be under the
direct supervision of the FHWA unless this requirement is modified by the project agreement.
The project shall be undertaken as promptly as possible after the design is completed and funds
are made available, and shall be carried to completion with all reasonable speed. Minor changes
R6-SUPPLEMENT 1500-99-1
1535.13
EFFECTIVE: 8/25/99
Page 7 of 15
(only within the approved right-of-way) in grade, alignment, surface course, or structures made
necessary by unforeseen contingencies or deemed desirable by conditions developing during the
progress of the work may be made without the prior or separate approval of the Tri-Agency. it is
incumbent upon the development agency to insure that any such changes are not in conflict with
any of the environmental or permit considerations developed during project implementation.
m. Utility Relocation:
Utilities which are located within the construction limits of the proposed right-of-way shall be
relocated or adjusted in accordance with 23 CFR 645 (Subpart B) subject to applicable individual
State and/or project agreement requirements. The relocation or adjustment shall be arranged by
the development agency unless other provisions are specified in a project agreement.
Arrangements/agreements for utility relocation, adjustment, or accommodation plans shall be
completed prior to advertising a construction contract.
n. Maintenance:
After construction of Forest Highway projects, the jurisdictional agency or local agency agrees to
operate and maintain, or cause to be maintained, the highway at their expense in accordance with
23 USC 116 and 23 CFR 660.115. Maintenance is the preservation of the entire highway
including the surface, shoulders, roadside, environmental features, structures, such traffic control
devices as are necessary for its safe and efficient utilization, and environmental protection and
erosion control measures. During construction, unless otherwise stipulated in the contract
documents, the contractor will bear all expenses of maintaining traffic over the project other than
during the period of winter suspension. If the facility is to remain open for public use during the
winter suspension, the jurisdictional agency agrees to provide routine maintenance, including all
snow removal, as necessary.
A Forest Highway project shall be accepted by the jurisdictional agency for operation and
maintenance when all construction work has been accepted by the FHWA. On Forest Highway
projects administered by the State, Federal-Aid procedures will be used for inspection and
acceptance of completed projects.
In the event that conditions on a project under maintenance require extraordinary repairs,
removal of unusually extensive slides, or similar work outside the scope of ordinary highway
maintenance, the performance may be accomplished as a Forest Highway project, subject,
however, to regular Forest Highway program procedures. The cost of such work shall be eligible
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 8 of 15
for payment from Federal funds, and if it is to be performed by the Cooperator, it shall be
covered by a project agreement.
Any environmental commitments noted in the contract shall be carried out and maintained or
monitored by the agency having responsibility for operation and maintenance of the facility.
After construction, the jurisdictional agency will not install, or permit to be installed, any signs,
signals, or markings not in conformance with the MUTCD.
o. Amendments to Forest Highway Statewide MOUs:
This MOU shall be effective on the date of the latest signature below, and shall supersede all
prior existing cooperative agreements with the SHA entered into pursuant to 23 USC 204,
"Federal Lands Highways Program," and 23 CFR 660 (Subpart A) except those involving a
commitment of funds or arrangement for the performance of construction work on projects
underway but not yet completed and final settlement made. It will continue in effect until
termination by any party upon giving a 60 day written notice. Renegotiation of any part of this
agreement can be initiated at any time by any of the parties.
OREGON DEPARTMENT OF TRANSPORTATION DEPARTMENT OF AGRICULTURE
STATE HIGHWAY AGENCY
FOREST SERVICE
By: /S/ DONALD C. AMAN
By: /S/ ROBERT W.WILLIAMS
Title: Funds & Grants Mgr.
Title: Regional Forester
Date: November 21, 1996
Date: November 4, 1996
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
WESTERN FEDERAL LANDS HIGHWAY DIVISION
By: /S/ JAMES N. HALL
Title: Division Engineer
Date: October 23, 1996
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 9 of 15
MEMORANDUM OF UNDERSTANDING
among
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
and
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
(Western Federal Lands Highway Division)
and
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
REGION 6
for the
Planning, Progamming, Project Development, Construction,
R6-SUPPLEMENT 1500-99-1
1535.13
EFFECTIVE: 8/25/99
Page 10 of 15
and Maintenance of Forest Highways in the State of Washington
II. Parties to Memorandum of Understanding (MOU):
The Tri-Agency group, also known as the Tri-Party Partnership, is comprised of representatives
of the Federal Highway Administration; Western Federal Lands Highway Division (FHWA):
Washington State Department of Transportation; Division of Highways (SHA); and the USDA
Forest Service, Region 6 (FS).
a. Definitions:
The following is a list of terms and their definitions. These terms are used throughout the
document:
Cooperator
- Another agency (e.g., WSDOT, FS, and County)
involved in the development/construction of a
Forest Highway project.
Developing Agency - The agency performing the project development
activities.
Jurisdictional Agency -
The agency with ownership of, and maintenance
responsibility for, the travelway.
b. Purpose:
The purpose of this MOU is to set forth the general procedures, mutually acceptable to the parties
hereto, for the cooperative planning, programming, environmental studies, design, construction,
and maintenance of Forest Highways (FH) in the State of Washington pursuant to the provisions
of Title 23, USC, Sections 116, 202, 203, and 204; Title 23, CFR, Chapter 1, Subchapter G, Parts
625, 633 (Subpart C), 645 (Subpart B), 650 (Subparts A, B, and C), 652, 655 (Subpart E), 660
(Subpart A), and 771; Title 23, CFR, Chapter 1, Subchapter H; and Title 40, CFR, Chapter V,
Parts 1500 through 1508. Under the Forest Highway portion of the Public Lands Highway
Program, which is a major part of the overall Federal Lands Highway Program, Congress has
authorized funds for Forest Highways that are roads within, or provide access to, the national
forest system. Recognizing that substantial benefits will accrue to the State and Nation from the
construction and maintenance of such Forest Highways and that the Forest Highways are under
the jurisdiction of State or local governments; and further that the SHA and the FS have systems
planning, maintenance, right-of-way acquisition, and interdisciplinary capabilities available to
assist in the accomplishment of the work; it is therefore appropriate for the parties to this MOU
to set forth the general terms of their mutual cooperation with the objective of achieving
maximum benefits in the public interest.
c. Other Agreements:
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 11 of 15
Existing procedures for appropriating and transferring National Forest System lands, and other
operational guidelines, are contained in the current MOUs and/or Memoranda of Agreement
(MOA) between the FS and the FHWA. These include the "Memorandum of Understanding
Related to Forest Highways Over National Forest Lands," dated May 11, 1981; the
"Memorandum of Agreement Between the U.S. Forest Service and the Federal Highway
Administration for the Administration of Emergency Relief Available Under 23 USC 125 for
Federal Roads off the Federal-Aid System," dated May 25, 1979, and the "Memorandum of
Understanding Between the Forest Service and the Federal Highway Administration," dated
October 14, 1975 (which prescribes the implementation responsibilities for the elements of the
Highway Safety Program Standards). The procedures of these current MOUs/MOAs are
incorporated by reference into this MOU.
d. Forest Highway Routes:
This MOU shall cover the Forest Highway routes previously approved by the FHWA for
inclusion in the designated Forest Highway network, and any approved amendments to the Forest
Highway network. The list of such approved routes may be varied from time to time by mutual
agreement among the SHA, the FS, and the FHWA either by adding or removing routes from the
list, or by altering the description of any route to give it proper identity. Each such action shall
be documented by the FHWA.
e. Program of Projects:
A program conference will be held at least annually in accordance with 23 CFR 660.109(a) with
representatives from the SHA, FHWA, and FS who are authorized to commit their agencies to
agreement. After agreement has been reached on the program of projects, the FHWA will
prepare the approved, updated program and forward copies to Tri-Agency members and FHWA
Federal-Aid Division. The SHA will incorporate the program of projects into their Statewide
Transportation Improvement Program (STIP) and will be responsible for coordinating program
activities with the local agencies. If necessary, the SHA will also forward a copy of the program
to the appropriate Metropolitan Planning Organization(s) for incorporation into their
Transportation Improvement Program(s) (TIPs).
f. Transportation Planning/Management Systems:
Forest highways are an integral part of the transportation in the State. Long-range statewide
transportation planning will be performed by the SHA who will work with the FS and the FHWA
on transportation planning activities of mutual concern. The SHA agrees that in performing
these functions, the planning procedures required under 23 CFR 450 will be adhered to. The
SHA, FHWA and FS will cooperatively develop transportation elements of the State's long range
transportation plan related to Federal Lands. Forest Highway projects will be based on the
R-6 SUPPLEMENT 1500-99-1
1535.13
EFFECTIVE: 8/25/99
Page 12 of 15
Statewide Transportation Plan. The SHA and FHWA agree to share information developed on
Forest Highway routes in bridge, pavement, and safety management systems.
g. Project Agreement
In addition to this MOU, a project agreement may be entered into between the FHWA and the
SHA, the FS, or local agency. The purpose of the project agreement will be to accomplish
specific project work related to this MOU. A project agreement shall be entered into between the
FHWA and the cooperator should any one or more of the following conditions apply:
(a) A cooperator's funds are to be made available for the project or any portion of the project.
(b) Federal funds are to be made available to a cooperator for any work.
(c) Special circumstances exist which make a project agreement necessary for payment purposes
or to clarify any aspect of the project.
(d) It is necessary to document jurisdiction and maintenance responsibility.
FHWA will distribute copies of executed project agreements to all Tri-Party members as well as
the FHWA Federal-Aid Division Office.
h. Cooperative Funds:
Any funds that the SHA, FS, or local agency may make available to the project shall be covered
by a project agreement. Generally, funds are provided on an advance basis. The FHWA shall
deposit the funds in the Treasury of the United States for the cooperative work. Payments for
work performed shall be made out of the funds provided by the SHA, FS, local agencies, or
FHWA as set forth in the project agreement.
i. Development of Projects:
Projects included in the 5-6 year program, approved by the Tri-Agency, shall be undertaken
promptly and the work carried to completion in an expeditious manner following the schedule
and priorities of the program. Each Tri-Agency member will identify a contact person for
coordination of project development with the Tri-Agency parties. Final plans, specifications, and
estimates (PS&E) will be sent, for information, to the TriAgency parties by the developing
agency.
j. Compliance with Laws and Regulations:
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 13 of 15
Forest Highway projects will be planned, developed, and constructed in compliance with Federal,
State, and local laws and regulations including NEPA, SEPA, and local ordinances. The FHWA
will be the lead agency responsible for the preparation of environmental documents for the
proposed projects, including the public notification and involvement process, with the FS
participating as a cooperating agency as defined by the Council on Environmental Quality
(CEQ).
Under 23 CFR 771.111 and 40 CFR 1500 through 1508, the requirements mandate early and
continuing opportunities during project development for the public to be involved in the
identification of social, economic, and environmental impacts as well as impacts associated with
the relocation of individuals, groups, or institutions. The Tri-Agency agrees that appropriate
procedures shall be established, or are in place, to assure that during project development the
public and other agencies are given suitable opportunity for input to each individual project with
regard to social, economic, and environmental impacts. Agreed procedures and operational
guidelines are contained in the current MOUs/MOAs between the FS and the FHWA referenced
in the "Other Agreements" section of this MOU. The projects will be designed in accordance
with 23 USC 109, 23 CFR 625, NEPA, and the Manual of Uniform Traffic Control Devices
(MUTCD).
k. Rights-of-Way and Rights-of-Entry:
The FHWA Federal-Aid procedures (23 CFR 712) and the procedures outlined in the FHWA's
publication, Right-of-Way Project Development Guide, shall be used for right-of-way
acquisition. Unless other provisions are specified in a project agreement, the developing agency
shall be responsible for providing (1) all recorded or maintained records on the existing road and
current
policy on right-of-way limits, (2) current owner property lists and tax assessor's maps, (3) current
ownership information of private property(s), and (4) an ownership update prior to appraisal.
The developing agency will also perform a current owner title search, perform necessary work to
tie in properties, and prepare right-of-way plans and legal descriptions of each property needed
for each project. Rights-of-entry needed for surveys and investigation pertinent to the
development of the route such as, but not limited to, land surveys, environmental surveys
and investigations, and geological investigations will be acquired by the developing agency or
their agent. Rights-of-way needed on FS land will be handled in accordance with the current
MOUs. Repair of any damage resulting from these surveys and investigations will be funded by
the developing agency as appropriate.
Acquisition of rights-of-way or other interests in property needed for a project and the
preparation of rights-of-way certification letters will be the responsibility of the jurisdictional
agency or their agent. The cost of rights-of-way acquisition will be at the jurisdictional agency's
expense unless otherwise provided in the project agreement.
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
1535.13
Page 14 of 15
The appropriation and transfer of the rights-of-way over National Forest System lands will be in
accordance with the current MOUs and/or, upon its execution, the "memorandum of
Understanding Between the United States Department of Agriculture, Forest Service, and United
States Department of Transportation, Federal Highway Administration, Regarding the
Appropriation and Transfer of National Forest System Lands for Highway Purposes."
l. Materials Sources, Borrow Sources, and Waste Areas:
Most projects require the development, use, and restoration of sources of materials for roadway
construction, borrow sources, and waste areas. As appropriate, the FS, SHA, and local
cooperators agree to allow the use of such areas under their jurisdiction in accordance with
applicable land use requirements. Permits necessary for use of these areas will be acquired by
the agency performing the project development activities.
m. Construction of Projects:
Unless otherwise provided in the project agreement for the specified project, the construction of
Forest Highway projects shall be accomplished by the FHWA in accordance with the approved
Forest Highway Program. For all such projects, and projects constructed by other agencies,
construction shall be in compliance with the PS&E approved for the project, and in conformity
with the Federal Highway Act as amended and supplemented, Forest Highway Regulations,
Federal Acquisition Regulations (48 CFR 1), and Transportation Acquisition Regulations (48
CFR 12) by contract entered into by competitive bids unless some other method is determined by
the FHWA to be appropriate. The construction will be governed by the plans supported by the
current edition of the Standard Specifications for Construction of Roads and Bridges on Federal
Highway Projects or State Highway specifications as applicable. All work will be under the
direct supervision of the FHWA unless this requirement is modified by the project agreement.
The project shall be undertaken as promptly as possible after the design is completed and funds
are made available, and shall be carried to completion with all reasonable speed. Minor changes
(only within the approved right-of-way) in grade, alignment, surface course, or structures made
necessary by unforeseen contingencies or deemed desirable by conditions developing during the
progress of the work may be made without the prior or separate approval of the Tri-Agency. It is
incumbent upon the development agency to insure that any such changes are not in conflict with
any of the environmental or permit considerations developed during project implementation.
n. Utility Relocation:
Utilities which are located within the construction limits of the proposed right-of-way shall be
relocated or adjusted in accordance with 23 CFR 645 (Subpart B) subject to applicable individual
State and/or project agreement requirements. The relocation or adjustment shall be arranged by
R6-SUPPLEMENT 1500-99-1
1535.13
EFFECTIVE: 8/25/99
Page 15 of 15
the development agency unless other provisions are specified in a project agreement.
Arrangements/agreements for utility relocation, adjustment, or accommodation plans shall be
completed prior to advertising a construction contract.
o. Maintenance:
After construction of Forest Highway projects, the jurisdictional agency or local agency agrees to
operate and maintain, or cause to be maintained, the highway at their expense in accordance with
23 USC 116 and 23 CFR 660.115. Maintenance is the preservation of the entire highway
including the surface, shoulders, roadside, environmental features, structures, such traffic control
devices as are necessary for its safe and efficient utilization, and environmental protection and
erosion control measures. During construction, unless otherwise stipulated in the contract
documents, the contractor will bear all expenses of maintaining traffic over the project other than
during the period of winter suspension. If the facility is to remain open for public use during the
winter suspension, the jurisdictional agency agrees to provide routine maintenance, including all
snow removal, as necessary.
A Forest Highway project shall be accepted by the jurisdictional agency for operation and
maintenance when all construction work has been accepted by the FHWA. On Forest Highway
projects administered by the State, Federal-Aid procedures will be used for inspection and
acceptance of completed projects.
Any environmental commitments noted in the contract shall be carried out and maintained or
monitored by the agency having responsibility for operation and maintenance of the facility.
After construction, the jurisdictional agency will not install, or permit to be installed, any signs,
signals, or markings not in conformance with the MUTCD.
p. Amendments to Forest Highway Statewide MOUs:
This MOU shall be effective on the date of the latest signature below, and shall supersede all
prior existing cooperative agreements with the SHA entered into pursuant to 23 USC 204,
"Federal Lands Highways Program," and 23 CFR 660 (Subpart A) except those involving a
commitment of funds or arrangement for the performance of construction work on projects
underway but not yet completed and final settlement made. It will continue in effect until
termination by any party upon giving a 60 day written notice. Renegotiation of any part of this
agreement can be initiated at any time by any of the parties.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF AGRICULTURE
STATE HIGHWAY AGENCY
FOREST SERVICE
By: /S/ SID MORRISON
By: /S/ ROBERT W. WILLIAMS
R6-SUPPLEMENT 1500-99-1
EFFECTIVE: 8/25/99
Title: Secretary
1535.13
Page 16 of 15
Title: Regional Forester
Date: November 15, 1996
Date: November 4, 1996
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
WESTERN FEDERAL LANDS HIGHWAY DIVISION
By: /S/ JAMES HALL
Title: Division Engineer
Date: October 29, 1996