Intergovernmental Agreements

The Memorandum of Understanding (MOU) between the Bureau of Land Management (BLM), the Colorado Department of Transportation (CDOT), the Federal Highway Administration (FHWA) and the US Forest Service (USFS), Rocky Mountain Region covers transportation facility activities within the Highway Easement Deed (HED) or for areas undergoing a HED process on USFS or BLM lands and assists in streamlining the interactions among these agencies involved. It was last updated in 2022 and is routinely updated every five years. 

This MOU entailed discussions between 33+ individuals representing all parties (FHWA, CDOT, BLM, and USFS) involving several teams with differing goals:

1. Environmental Streamlining: Clarified environmental language that help streamline transportation projects conducted inside the existing HED AND in areas where HED's are in process (these areas in process are new in this MOU version for allowing FHWA/CDOT to take the lead).
   • Inside the HED, FHWA/CDOT would take the lead on environmental clearances – this means that CDOT can use FHWA’s CatEx's in these areas, and CDOT’s streamlining tools and agreements with the regulatory agencies can be used.
     • Involves early coordination between relevant agencies on all projects
     • Can use CDOT’s SHPO Programmatic Agreement streamlining SHPO/historian review
     • Can use CDOT’s SWIFT streamlining tool for endangered species consultation
     • USFS/BLM will provide a narrowed, project-specific sensitive species list to FHWA/CDOT for surveying
     • No longer require USFS/BLM to approve biological qualifications of the biologist conducting a Species of Concern survey for those not-yet-listed as threatened or endangered on Federal Lands within the HED
   • Outside of the HED area, the level of analysis completed would need to be adequate to address USFS and BLM processes (which relates to the “One Shared Analysis”)
2. ROW/HEDs: Confirmed/clarified how the MOU applies under US Code Title 23 (Highways) vs. US Code Title 5 (Government Organization and Employees) and the Federal Land Policy and Management Act.
   • Streamlined how to establish Survey “Monuments” when creating a new HED – now CDOT can use roadway centerline where Monuments are not already established and easily accessible.
   • Clarified 3^rd party user expectations.
   • Clarified bicycles as transportation vehicles and paved bike paths as likely transportation facilities, however this MOU was not able to resolve the issues of USFS charging for bike events on the Vail Bike Path due to the varied land ownership of the path. This will have to be solved under a different agreement.
3. Visual/Maintenance: Developed a new section on Visual and Scenic Resources Guidance that addressed visual requirements, revised avalanche mitigation coordination, and clarified roles and responsibilities for both operations and maintenance.
   • The new Visual Guidance in this revised MOU has blended CDOT, USFS, and BLM requirements/expectations for new work. As part of this, we gained agreement on guardrail “staining” so it has a low contrast with the background and is better than using weathered or painted guardrail.
   • Defined and clarified routine operations and maintenance actions.
   • Documented handling of CDOT herbicide applications on federal lands.
   • Clarified requirements for CDOT avalanche mitigation measures requiring new construction.
   • Clarified that CDOT will install USFS/BLM signs in CDOT ROW but will not provide them.

This MOU is available upon request by contacting Toy Halouska or Matt Muraro.

NEPA

Please contact Troy Halouska or Matt Muraro for a copy of these document(s):

• Categorical Exclusions Programmatic Agreement, Updated 2022
• Letter of Agreement on Environmental Compliance, Certification, and Consultation
• MOU Related to Activities Affecting the State Transportation System and Public Lands (updated in 2022)
• MOU between FHWA, EPA, and CDOT that Formalizes the Cooperative Working Relationship
• NEPA / 404 Merger Agreement between CDOT, FHWA, and the USACE formalizing the process for merging NEPA and CWA Section 404

The following document(s) are currently being remediated per the WCAG 2.2 Level A and AA accessibility requirements in the State of Colorado Technical Standard TS-OEA-002 and House Bill 21-1110 ( 8 CCR 1501-11).  Please contact Troy Halouska ([email protected]) or Matt Muraro ([email protected]) for a copy of these documents. 

• Planning and Environmental Linkages Partnering Agreement

Memorandum of Agreement Between CDOT and FHWA Colorado Division Regarding the Programmatic Approval of Certain Wetland Findings, 2024

2024 Revision coming soon - NEPA / 404 Merger Agreement between CDOT, FHWA, and the USACE formalizing the process for merging NEPA and CWA Section 404

Lynx In-lieu Fee MOA