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Last Updated: Friday, June 7, 2013 8:06 AM
Memoranda of Understanding (MOU)/Memoranda of Agreement (MOA)
- 23 USC 327 NEPA Assignment MOU (October 1, 2012)
- Caltrans has notified all relevant federal agencies about pertinent changes in consultation procedures as a result of Caltrans' assumption of federal NEPA responsibilities. The following PDFs include letters for both the regional and district offices, as applicable, for each agency listed below. Bookmarks can be seen within each PDF for easy access to each individual office letter.
- Advisory Council on Historic Preservation-23 USC 327 (April 5, 2013)
- Bureau of Land Management-23 USC 327 (March 26, 2013 and April 5, 2013)
- California State Parks- Office of Historic Preservation-23 USC 327 (April 5, 2013)
- Federal Railroad Administration-23 USC 327 (April 5, 2013)
- Federal Transit Administration-23 USC 327 (April 5, 2013)
- National Marine Fisheries Service-23 USC 327 (March 26, 2013 and April 5, 2013)
- National Park Service-23 USC 327 (March 26, 2013 and April 5, 2013)
- U.S. Army Corps of Engineers-23 USC 327 (March 26, 2013 and April 5, 2013)
- U.S. Department of the Interior-23 USC 327 (April 5, 2013)
- U.S. Environmental Protection Agency-23 USC 327 (April 5, 2013)
- U.S. Fish and Wildlife Service-23 USC 327 (March 26, 2013 and April 5, 2013)
- U.S. Forest Service-23 USC 327 (March 26, 2013 and April 5, 2013)
- 23 USC 327 Pilot Program MOU with Federal Highway Administration - Amendment 1 (August 10, 2011 )
- 23 USC 327 Pilot Program MOU with Federal Highway Administration - Original (July 1, 2007)
Click the 23 USC 327 Federal Mailing List to view the list of recipients.
- 23 USC 326 CE Assignment MOU - Renewal (June 7, 2013 - June 7, 2016) with Federal Highway Administration
- FHWA has notified all relevant federal agencies about pertinent changes in consultation procedures as a result of Caltrans' assumption of federal categorical exclusion responsibilities, including:
- Advisory Council on Historic Preservation-23 USC 326 (June 19, 2007)
- Bureau of Land Management-23 USC 326 (November 15, 2007)
- National Marine Fisheries Service-23 USC 326 Long Beach, CA (June 19, 2007)
- National Marine Fisheries Service-23 USC 326 PRD Division (July 23, 2007)
- National Park Service-23 USC 326 (November 15, 2007)
- Office of Environmental Policy and Compliance-23 USC 326 (June 19, 2007)
- U.S. Army Corps of Engineers-23 USC 326 (July 23, 2007)
- State Historic Preservation Officer-23 USC 326 (June 19, 2007)
- U.S. Fish and Wildlife Service-23 USC 326 Sacramento Fish and Wildlife Office (July 19, 2007)
- U.S. Fish and Wildlife Service-23 USC 326 Arcata Fish and Wildlife Office (July 19, 2007)
- U.S. Forest Service-23 USC 326 (November 15, 2007)
Statewide Programmatic Agreements
- For Programmatic Section 4(f) Evaluations see Chapter 20 - Section 4(f)
Statewide Advance Mitigation Initiative MOU (2011) (2.3 MB) between Caltrans, CDFG, USACE South Pacific Division, U.S. EPA, USFWS, and NMFS. The purpose of the MOU is to establish a mutual framework for coordinated review concerning the development of SAMI in California by Caltrans and CDFG for advance mitigation of planned transportation projects at a landscape scale.
Compensatory Mitigation for Transportation Projects on National Forests in California (2009) (416KB) between CA Department of Transportation, U.S. Army Corps of Engineers and U.S. Department of Agriculture Forest Service. This MOU provides a framework for integrating Caltrans aquatic resource mitigation and US Forest Service watershed based restoration needs while reducing administrative and endowment costs. It also establishes appropriate methods to ensure long term management and protection of Caltrans sponsored mitigation on Forest Service lands consistent with U.S. Army Corps regulations.
Programmatic Biological Opinion on the Effects of Minor Transportation Projects on the San Joaquin Kit Fox, Giant Kangaroo Rat, Tipton Kangaroo Rat, Blunt-nosed Leopard Lizard, California Jewelflower, San Joaquin Woolly-threads, Bakersfield Cactus, and Recommendations for the San Joaquin Antelope Squirrel. (12.5MB). Fish and Wildlife Service's (Service) programmatic biological opinion based on the Federal Highway Administration's (FHWA) proposed minor transportation projects in Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, San Joaquin, Tulare, and Tuolumne counties, California and their effects on the aforementioned endangered species.
Planning Guidelines for Standard Approaches to Mitigation Site Monitoring and Maintenance (1991) (282 KB) - This MOU establishes the success criteria, monitoring and maintenance of mitigation sites, and guarantees that financial resources are available to provide remedial site work and alternate mitigation, if necessary.
Fish and Wildlife Service (1988) (578 KB) - The purpose of this MOU is to establish procedures for the early and continuous coordination of transportation project development activities between Caltrans and the Service.
Fish and Game (1990) (354 KB) - Early Mitigation Planning for Transportation
Memorandum of Agreement, Early Mitigation Planning for Transportation Improvements in California (1990) (219 KB) - Establishes procedures for endangered and threatened species consultation between Caltrans, FHWA, DFG, FWS and the Corps.
|Programmatic Document||Date||Area(s) Covered - Comments||Status|
|SECTION 7 - FHWA|
|Giant Garter Snake||1-24-05||Within the geographic range of the giant garter snake in the California counties of Butte, Colusa, Glenn, Sacramento, San Joaquin, Solano, Sutter, Yolo, and Yuba. Programmatic covers small highway projects, as defined, with relatively small effects on the snake, is determined to be non-growth inducing or facilitating, and meets specific "Project Design Criteria."||ACTIVE|
|Valley Elderberry Longhorn Beetle||3-11-97||“Generally” Sacramento and San Joaquin Valleys. A total of 250 elderberry plants, each with at least one stem measuring one-inch or greater at ground level, or 2,000 elderberry stems measuring one-inch or greater in diameter at ground level may be impacted in a six-month period. No designated critical habitat can be affected.||ACTIVE|
|1 Desert Tortoise (hwy maintenance)||8-4-95||Portions of Kern, Inyo counties (Districts 6 and 9). Covered in portions of Kern and Inyo Counties. Two desert tortoises per year may be taken in the form of direct mortality. Twenty desert tortoises per year may be taken in the form of harassment through moving tortoises from harm's way during highway maintenance activities.||ACTIVE|
|2 Desert Tortoise (hwy maintenance)||9-28-94||Most State Routes within District 8||ACTIVE|
|California Red-legged Frog||4-24-03||Covers projects meeting four "suitability criteria." The first criterion is that the project "does not contribute to a decline of the species in the affected area." This programmatic is applicable within the jurisdiction of Ventura Fish and Wildlife Office: San Benito, Santa Cruz, Monterey, Santa Barbara and Ventura counties, also portions of San Luis Obispo and Los Angeles counties.||ACTIVE|
|SECTION 7 - USACE|
|Listed Vernal Pool Crustaceans||2-28-96||Within the Jurisdiction of the USFWS Sacramento Field Office - generally Sacramento and San Joaquin Valleys. Take of species is permitted in up to 50 acres of habitat within an unspecified time period.||ACTIVE|
|Giant Garter Snake||11-13-97||Within Butte, Colusa, Glenn, Fresno, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter and Yolo Counties. Per year, a permanent loss of up to 50 acres of habitat and snakes within up to 250 acres can be impacted.||ACTIVE|
|Valley Elderberry Longhorn Beetle||9-19-96||Within the Jurisdiction of the USFWS Sacramento Field Office||ACTIVE|
|SECTION 7 - NOAA Fisheries|
|Programmatic Biological Opinion on the issuance of section 10(a)(1)(A) scientific research permits for take of threatened fish species||10-22-2002||For threatened Central California Coast coho salmon, threatened Southern Oregon/Northern California Coasts coho salmon, threatened California Coastal Chinook salmon, threatened Central California Coast steelhead, and threatened Northern California steelhead.||ACTIVE|
|SECTION 1601 - MOU's and Maintenance Agreements with Department|
|MOU||8-21-03||District 12||Active to 8/21/05|
|MOU||9-27-00||District 3||Expired on 9/27/01|
|MOU||11-12-97||District 5 (Santa Barbara Co.)||ACTIVE to 12/31/02|
|MOU||10-10-97||District 5 (San Luis Obispo, Monterey, and San Benito Counties)||ACTIVE to 6/30/02|
|Maintenance Agreement||04-22-03||District 8||ACTIVE to 04/22/05|
|Maintenance Agreement||10-29-02||District 7 (L.A. and Ventura Counties)||ACTIVE to 12/31/03|
|Maintenance Agreement||3-1-99||District 6||ACTIVE to 3/1/04|
|Maintenance Agreement for Test Bore Drilling||10-28-99||Districts 5, 6, 9, and 10 (Central Region)||ACTIVE to 10/28/04|
|MOAs with Department of Fish and Wildlife|
|Mohave Ground Squirrel, Desert Tortoise||4-1992||Includes amendment and correspondence||Expired in 1999|
|Pilgrim Creek Mitigation Bank||9-1999|
|Rancho San Diego Mitigation Bank||1-1996|
|D-11 Various Parcels Mitigation Bank||3-1999|
|Beach Lake Mitigation Bank||5-1991|
Standard Section 7’s covering programmatic activities;
2 Includes clarification letter from
USFWS dated August 1, 1995; 3 Update
Contributors: HQ: R. Hill; D3: C. Brown; D5: T. Edell, D. Hacker, and G. Ruggerone; D6: V. VonBerg; D8: T. Moore; D-10: S. Abafo; D-12: K. Ketelsa; DFG: Jack Miller (Region 1)
- FHWA/USCG MOU, procedures, guidelines (links to a scanned memo of poor quality)
- USACE/USCG MOA, January 22, 1982
- General information on USCG Bridge Administration
- A list of USCG Bridge Guide Clearances
- FHWA regulation Navigational Clearances for Bridges
- Also see Rivers and Harbors Appropriation Act of 1899 Section 9
U.S. Forest Service
- Reference Guide for the Issuance of U.S. DOT Highway Easements or Special Use Permits, Rick D. Land, December 21, 2010. This memo and U.S. Forest Service Reference Guidance is provided as the interim tool for Caltrans and U.S. Forest Service Personnel pending revision of the 1989 U.S. Forest Service/Caltrans MOU.
(Last content update: 06/04/2013: MtC, MSapp)