INTERAGENCY AGREEMENT AMONG UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE (USFWS),
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1 INTERAGENCY AGREEMENT AMONG UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE (USFWS), U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA), AND THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (LADOTD) REGARDING REIMBURSEMENT FOR EXPEDITED ENVIRONMENTAL REVIEW AND ENHANCED RESOURCE AGENCY COORDINATION THIS AGREEMENT is made and entered into in three (3) originals, effective the day of, 2002, by and between the Department of Transportation and Development of the State of Louisiana ("LADOTD"), and the United States Fish and Wildlife Service ("USFWS"), and the Federal Highway Administration ("FHWA") to cooperate for the transportation funding for federal agency coordination associated with environmental streamlining activities with the goal of achieving timely design and implementation of adequate, safe and economical highway improvements while also assuring such design and implementation is sensitive to the protection of fish and wildlife environmental resources. WHEREAS, pursuant to the Endangered Species Act of 1973 (as amended), and the Fish and Wildlife Coordination Act of 1958 (as amended), the United States Fish and Wildlife Service (USFWS) is responsible for reviewing and providing comment on federal and state actions which may affect Federal-trust fish and wildlife environmental resources; and, WHEREAS, the USFWS currently reviews Louisiana Department of Transportation and Development (LADOTD) transportation projects in regard to fish and wildlife resources to assure that the design of these projects is sensitive to protection of these environmental resources; and, WHEREAS, Section 1309 of TEA-21 directs the U. S. Department of Transportation to develop a coordinated environmental review process to streamline and expedite environmental reviews for highway construction projects; and WHEREAS, all parties have determined that it would be mutually beneficial to supplement USFWS staffing above current levels to enable the USFWS to provide LADOTD with priority project review, so that transportation projects can be designed and implemented more efficiently, to meet the transportation needs of the state, in a manner that is responsive in regard to fish and wildlife environmental resources and public interests; and,
2 WHEREAS, all parties have determined that any supplemental staffing above current levels would provide expedited review by USFWS of federal-aid highway construction projects contemplated or under design by LADOTD; and, WHEREAS, this expedited review would be quicker than the customary time necessary for such review; and, WHEREAS, LADOTD is willing to reimburse the USFWS for supplemental staffing required to provide priority project review; and, WHEREAS, Section l309(e) of TEA-2l allows for a State to request to use funds made available under chapter 1 of title 23, United States Code, to provide resources to affected Federal agencies to provide these functions; and WHEREAS, the FHWA has indicated and agrees that LADOTD's apportioned Federal-aid highway funds can be used to support this agreement and would be eligible for reimbursement at applicable federal-aid match rates, and WHEREAS, direction provided by all parties indicates that such agreements and funding transfers must be able to demonstrate an improvement in performance, and WHEREAS, the USFWS has determined that such agreement and funding transfers will enable them to provide an expedited priority review on Federal-aid highway and transportation projects; and, WHEREAS, the parties hereto desire to enter into this Agreement Regarding Reimbursement for Expedited Environmental Review and Enhanced Resource Agency Coordination to facilitate the cooperation of the parties in the review of transportation projects and provide for the personnel and funds to obtain this goal, NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual promises contained herein, the signatory parties to this Agreement concur with the following responsibilities and terms: A. The USFWS shall supplement its existing staff, which currently processes Department projects on a routine basis, with a qualified staff as detailed in Attachment A (Supplemental Staff) attached hereto and made part hereof. The USFWS shall use the funds provided under this Agreement to defray the costs of salaries and associated benefits; and to reimburse reasonable travel expenses in accordance with the Federal Travel Regulations, 41 C.F.R. Chapter 301, which is hereby incorporated into this agreement by reference. B. The USFWS staff shall work on LADOTD projects and provide expedited document review and project coordination as identified in Attachment B, attached hereto and made part hereof. C. The USFWS, furthermore, shall review and respond to all LADOTD submissions within twenty (20) days or less as appropriate upon receipt of project documentation with the exception of the formal review of the Draft Environmental Impact Statement and the formal review of the Final
3 Environmental Impact Statement, which two reviews will be subject to standard time prescribed in the Council on Environmental Quality regulations. D. In the event of conflicting transportation priorities, the LADOTD, in coordination with the FHWA, will determine the priority of work for the USFWS which will guide the USFWS Supplemental Staff efforts in the expedited review process. E. Initially, LADOTD and the USFWS will hold monthly meetings to discuss coordination of the expedited review process. After a reasonable start-up period, the scheduling of these meetings may be changed at the discretion of the Project Managers. F. All signatory agencies agree that ready and reasonable access will be provided to working level staff of the other agencies in an effort to minimize the need for formal meetings. G. The USFWS shall assure that the supplemental staff identified in Attachment A shall keep daily time records identifying the number of hours spent working on each specific LADOTD project and any other work tasks relative to coordination such as those defined in Attachment B. These records shall account for one hundred percent (100%) of the time worked by supplemental staff detailed in Attachment A, including time spent on non-ladotd work, if any. Time spent on non-ladotd work by supplemental staff is intended to free other expert staff to spend time on DOTD work needing such experience. In addition, USFWS shall keep accurate and separate accounting records of all receipts and disbursements of all funds received pursuant to this Agreement and produce such records for examination as required by the LADOTD or the FHWA, and shall permit extracts and copies to be made by these other signatory agencies or their duly authorized representatives. The USFWS shall keep records substantiating hours and costs billed pursuant to this Agreement for a period of at least three (3) years after the final billing is submitted. These records shall be subject to audit by the LADOTD, as appropriate. H. The USFWS shall provide the LADOTD with a monthly status report, on or in accordance with a form to be approved by the LADOTD, within five (5) working days after the end of each month, which shall detail monthly project work activity and travel expenses pursuant to this Agreement. I. The LADOTD shall program a federal-aid project to track costs and support state payment to the USFWS for the costs contemplated by this Agreement, including: Salary and benefits for one full-time employee meeting the professional standard described in Attachment A adjusted annually to cover appropriate step increases and cost of living allowance (COLA) costs awarded to Federal government employees. Travel and per-diem at federal government rates as needed to support the expedited review pursuant to this Agreement. The above total funds billed for these services for the three year term of this contract will not exceed two hundred forty-five thousand dollars ($245,000). Actual costs may be less or more than this amount depending on the amount of travel needed to support the expedited review
4 assisted by this Agreement. J. The LADOTD, in cooperation with USFWS, will prepare performance standards/measures and conduct periodic performance reviews. USFWS will work with the LADOTD to improve and correct identified deficiencies. K. The FHWA shall approve programming a federal-aid project to accomplish the work contemplated by this Agreement at the applicable federal-aid reimbursement rate. L. The FHWA shall reimburse the LADOTD the total amount of federal share payable for any project programmed (including advance payments) to support this Agreement upon obtaining notification of its execution. M. The parties to this Agreement will act in an independent capacity in the performance of their respective functions under this Agreement, and regardless of the funding source for any supplemental staff to be hired by the USFWS to support priority review on highway projects, such staff shall not be construed as an officer, agent or employee of either the LADOTD or FHWA. N. In no way shall it be construed or implied that either the LADOTD, the FHWA or the USFWS is by this Agreement intending to abrogate its obligation and duty to comply with the regulations promulgated under the Endangered Species Act of 1973 (as amended), and the Fish and Wildlife Coordination Act of 1958 (as amended). O. The LADOTD shall, upon execution of this agreement by all parties and subsequent notification from USFWS, provide to USFWS payments in advance for activities pursuant to this Agreement to cover the costs of salaries, benefits and travel for those same activities. The first installment shall be pro-rated to account for the costs to be incurred for the remainder of the Federal Fiscal Year The second installment payment shall be made on October 1, 2002, to cover the expenses to be incurred in Fiscal Year The third installment payment shall be made October 1, 2003, to cover the expenses to be incurred in Fiscal Year The last installment payment, equivalent to the amount necessary to complete the remainder of the term of this Agreement, shall be made on October 1, The total of the reimbursable amount for the term of this Agreement shall not exceed the maximum cap of two hundred forty-five thousand ($245,000) as detailed in Attachment C. The USFWS shall submit payment invoices to LADOTD at least sixty (60) days prior to the payment dates in order that said invoices can be approved by LADOTD. P. The term of this Agreement shall run for a period of three (3) years from the effective date of approval by all parties, deemed to be the date of the last required signature on the Agreement. Q. This Agreement may be terminated by any of the parties upon sixty (60) days written notice to the point of contact/project Manager in the other agencies. Upon termination, those prorated funds previously provided to USFWS in advance of actual use and not yet used on a prorated basis will be returned LADOTD based on the termination date.
5 R. Point of contact/project Managers are: LADOTD: Vincent Russo, Jr. Environmental Engineer Administrator Louisiana Department of Transportation and Development P.O. Box Baton Rouge, LA USFWS: David W. Fruge Supervisor U.S. Fish and Wildlife Service 646 Cajundome Blvd., Ste. 400 Lafayette, LA FHWA: Joe Bloise Assistant Division Administrator Federal Highway Administrator 5304 Flanders Drive Suite A Baton Rouge, LA S. During the performance of this Agreement, the parties agree to abide by the terms of Executive Order on nondiscrimination. T. Any changes, amendments, corrections, or additions to this Agreement, including the amount of reimbursement provided for, shall be in writing, and shall become effective upon approval by authorized officials of all parties. This agreement, along with any changes, amendments, corrections or additions, may be extended in increments, each increment not to exceed three years, by mutual agreement of all signatory parties.
6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their executive officers thereunto duly authorized as of the day and year first above written. WITNESSES: DEPARTMENT OF THE INTERIOR UNITED STATES FISH AND WILD LIFE SERVICE BY: Witness for First Party David Fruge Field Supervisor Witness for First party UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION BY: Witness for Second party William A. Sussmann Division Administrator Witness for Second Party STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT BY: Witness for Third party Kam K. Movassaghi, Ph.D., P.E. Secretary Witness for Third party RECOMMENDED FOR AFPROVAL BY: William H. Temple Chief Engineer BY: Kenneth A. Perret Assistant Secretary, Office of Planning and Programming
7 ATTACHMENT A The proposed Supplemental Staff shall meet the professional standards outlined below: A specialist with experience and education in Fisheries or Wildlife Biology, Conservation Biology, or other related environmental science. Working knowledge of the Endangered Species Act of 1973, as amended; the Fish and Wildlife Coordination Act of 1958, as amended; Section 404 of the Clean Water Act of 1977, as amended; the Joint Federal Manual for Identification and Delineation of Wetlands; and, the National Environmental Policy Act of 1969, as amended; is essential. In addition, the ability to conduct field work and to travel, occasionally overnight is mandatory.
8 ATTACHMENT B The U. S. Fish & Wildlife Service (USFWS) shall accomplish the following tasks for the Louisiana Department of Transportation & Development (LADOTD) in order to expedite, implement and coordinate the Transportation Project Development Process and meet the LADOTD's needs for compliance with applicable state and federal laws and regulations: Review transportation plans and programs Review and provide comments on systems-level planning documents Participate in agency scoping Provide detailed input on alternatives under discussion Participate in needs analysis review and comment Provide Biological Assessments Provide Mitigation Plans Represent USFWS at meetings as required/requested Attend Public Hearings/Meetings as required/requested Participate in the development/implementation of written LADOTD and USFWS guidance Coordinate and provide training on environmental resource issues Organize meetings or conference calls to clarify problems at the request of LADOTD or USFWS Participate on Department task forces and field reviews with authority to make routine decisions Conduct document reviews and draft agency responses within specified time frame, which may include but not be limited to: Solicitation of views Wetlands identification and delineation reports Wetlands functional assessment reports Biological assessments Wildlife resources and related technical reports Habitat evaluation procedure reports Project needs documents Preliminary alternatives reports Feasibility reports Environmental Impact Statements Environmental assessments Categorical exclusions Mitigation reports and plans Perform other related tasks as defined by LADOTD and agreed to by USFWS
9 Attachment C Cost for GS-11 Fish and Wildlife Biologist (Term Position) Year 1 (GS11 Step 1) Salary $45,285 X 1.30 (Add 30% benefits) = $58,870/yr + 5,000/yr Operating Costs $63,870/yr + 12, 774/yr Indirect Costs $76,644/yr Total Cost for Yr 1 Year 2 (GS11 Step 2) Salary $46,795* X 1.30 (Add 30% benefits) = $62,658yr 5,000 /yr Operating Costs $67, ,531/yr Indirect Costs $ 81,189/yr Total Cost for Yr 2 Cumulative Cost for 2 years $157,833 Year 3 (GS11 Step 3) Salary $48,304* X 1.30 (Add 30% benefits) = $64,679/yr 5,000 /yr Operating Costs $69, ,936/yr Indirect Costs $83,615/yr Total Cost for Yr 3 Cumulative Cost for 3 years $241,448 * Includes 3% estimated Cost of Living Allowance (increase)
10 Cost for GS-9/1 Fish and Wildlife Biologist (Term Position) Year 1 (GS-9 Step 1) Salary $37,428 X 1.30 (Add 30% benefits) = $48,656/yr +5,000/yr Operating Costs $53,656/yr + 10,731/yr Indirect Costs $64,387/yr Total Cost for Yr 1 Year 2 (GS-9 Step 2) Salary $38,675* X 1.30 (Add 30% benefits) = $51,786/yr 5,000/yr Operating Costs $56, ,537/yr Indirect Costs $68,143/yr Total Cost for Yr 2 Cumulative Cost for 2 years $132,530 Year 3 (GS-9 Step 3) Salary $39,992* X 1.30 (Add 30% benefits) = $53,549/yr 5,000/yr Operating Costs $58, ,710/yr Indirect Costs $70,259/yr Total Cost for Yr 3 Cumulative Cost for 3 years $202,789 * Includes 3% estimated Cost of Living Allowance (increase)
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