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Last Updated: Wednesday, February 8, 2012 10:46 AM
Memoranda of Understanding (MOU)/Memoranda of Agreement (MOA)
NEPA DELEGATION
- Section 6005 MOU with Federal Highway Administration
- Section 6005 MOU with Federal Highway Administration - Amendment 1 (August 10, 2011 )
- Section 6004 MOU (June 7, 2010 - June 7, 2013) with Federal Highway Administration
- Section 6004 MOU (June 7, 2007 - June 7, 2010) with Federal Highway Administration
- State Assumption of Responsibility for Categorical Exclusions
- 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:
Statewide Programmatic Agreements
- For Programmatic Section 4(f) Evaluations see Chapter 20 - Section 4(f)
- For Programmatic Categorical Exclusion Agreement see Chapter 30– Categorical Exclusions
Biological - Mitigation Planning
SAMI MOU
(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, US Army Corps of Engineers and US 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 US 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 Tuolurnne 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 estables the success criteria, monitoring
and maintenace 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.
Biological - District/Region - all files

| 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 "do[es] 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 - USACOE | |||
| 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 | |||
| 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 Game | |||
| 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 | ||
| 1, 2
Standard Section 7’s covering programmatic activities;
2 Includes clarification letter from
USFWS dated August 1, 1995; 3 Update
in progress
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) |
|||
NEPA/404 Integration Process - Current MOU, Procedures and Memos
NEPA/404
MOU (2006)
(281 KB)
OLD MOU Procedures (Note: For general information only.
Superceded by April 2006 MOU. )
Guidance
Papers to Facilitate the Implementation of the MOU for the
NEPA and Section 404 Integration Process for Surface Transportation
Projects in Arizona, California, and Nevada.
US Coast Guard Bridge Permits
- FHWA/USCG
MOU, procedures, guidelines (links to a scanned
memo of poor quality)

- USCoE/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.
