Cooperative Forest Road Agreements

Allows the Forest Service to work cooperatively with State, county, or local public road authorities for the cooperative planning, survey, design, construction, reconstruction, improvement and maintenance of certain 'Forest Roads' (as defined by 36 CFR 212.1).



Agency - Department of Agriculture

Established in 1862, the Department of Agriculture serves all Americans through anti-hunger efforts, stewardship of nearly 200 million acres of national forest and rangelands, and through product safety and conservation efforts. The USDA opens markets for American farmers and ranchers and provides food for needy people around the world.

Office - See Regional Agency Offices.



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

These agreements accomplish two purposes set forth in Title 36, Code of Federal Regulations, part 212: Existing or proposed forest roads that are or will be part of a transportation system of a State, county, or other local public road authority.

Forest roads that are or will be part of a transportation system of a State, county, or other local public road authority and are on rights-of-way held by a State, county, or other local public road authority may be constructed, reconstructed, improved, or maintained by the Forest Service when there is an appropriate agreement with the State, county, or other local public road authority under Title 23, United States Code, section 205 and the construction, reconstruction, improvement, or maintenance is essential to provide safe and economical access to National Forest System lands (36 CFR 212.7a). Maintenance and reconstruction of National Forest System roads by users.

The Chief may require, but not in conflict with an existing permit, easement, contract, or other agreement, the user or users of a road, including purchasers of Government timber and other products, to maintain the roads in a satisfactory condition commensurate with the particular use requirements of each.

The maintenance to be borne by each user must be proportionate to total use and no individual user shall be required to perform or bear the costs of maintenance other than that commensurate with their use [36 CFR 212.5d(1)].

Schedule A: Forest Road Agreements must contain a complete list of cooperative roads in ?Schedule A.? The Schedule should be separated into roads under jurisdiction of the cooperator and roads under jurisdiction of the Forest Service.

In circumstances where jurisdiction may involve questions of fact that may only be resolved in Federal court (such as the Act of July 26, 1866), a third category of roads whose jurisdiction may not be immediately determined may be included in Schedule A.

Schedule A can be modified to both add and omit roads as necessary.

Eligibility Requirements

Applicant Eligibility

State, county or local public road authorities.

Beneficiary Eligibility

Other Requirements. a. Direction regarding jurisdiction over forest transportation facilities is found in FSM 7703.3. b. Direction regarding common transportation interests with local public road authorities is found in FSM 7703.4.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Either the Forest Service or the Partnering Organization may initiate a Forest Roads Agreement. In addition to the applicable form, the following elements are required, when applicable: For Cooperative Road Agreements: (1) Schedule A. (2) Maintenance plan, when applicable. (3) Project Agreement, when applicable. (4) Financial plan, when entering into a project agreement.

Award Procedures

When negotiating Forest Road Agreements, the discussions must cover at a minimum, a description of the project, including methodology and technical specifications, contributions and the responsibilities of the parties, deliverables, the period of performance, and monitoring. Regardless of who initiates discussions, all elements of a project are subject to negotiation. Any party may terminate discussions at any time.

Deadlines

Not Applicable.

Authorization

National Forest Road and Trails Act of October 13, 1964, Public Law 88-657, 16 U.S.C 532-538; Surface Transportation Act of 1978, 23 U.S.C 105 & 205.

Range of Approval/Disapproval Time

Not Applicable.

Appeals

Not Applicable.

Renewals

Agreements are in effect for up to five years from the date of execution, as negotiated.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. This program has no matching requirements. The Forest Service and cooperator may contribute funds. Funds may be exchanged between the parties for work. These agreements may be used as a means to pay the cooperator to perform work that is the Forest Service?s responsibility (23 USC 205). A matching requirement is not applicable. The Forest Service may reimburse the cooperator up to 100 percent of their costs, both for in-house costs and/or contract costs, to perform the Forest Service?s share of the work on roads identified on Schedule A. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Agreements are in effect for up to five years from the date of execution, as negotiated. See the following for information on how assistance is awarded/released: Reimbursable payments are preferred.

Post Assistance Requirements

Reports

No program reports are required.

No cash reports are required.

No progress reports are required.

No expenditure reports are required.

Performance reporting is required no less than annually and no more than quarterly, as negotiated in agreement instrument between parties.

Audits

Not Applicable.

Records

No Data Available.

Financial Information

Account Identification

12-1103-0-1-302; 12-1106-0-1-302 - National Forest System; 69-0500-0-1-404 - Fed. Hwy Emergency Relief; 69-8083-0-7-401 - Fed. Hwy Trust Fund.

Obigations

(Cooperative Agreements) FY 16 $616,950; FY 17 Estimate Not Available; and FY 18 Estimate Not Available

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines, and Literature

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

David Payne 201 14th Street, SW Suite 3C, Washington , District of Columbia 20024 Email: davidpayne@fs.fed.us Phone: 202-205-0963

Criteria for Selecting Proposals

Not Applicable.



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