MOUs, MOAs, and Agreements

23 USC 326 and 23 USC 327 NEPA Assignment

  • On December 23, 2016, FHWA signed the Caltrans 23 USC 327 NEPA Assignment MOU (327 MOU) for a term of five years. This MOU allows Caltrans to perform federal environmental responsibilities for highway projects in California under the National Environmental Policy Act (NEPA) and other federal laws.
  • 23 USC 327 NEPA Assignment Memorandum of Understanding (PDF) - December 23, 2016) 
  • On April 18, 2022, FHWA renewed the 23 USC 326 CE Assignment MOU.  USC 326 Memorandum of Understanding (PDF) - effective April 18, 2022. The new MOU is renewable every five years effective with the April 18, 2022 MOU. In addition with this renewal, the Programmatic Agreement for Non-Highway Projects approved on May 24, 2021 has been superseded as the language in the new 326 MOU has been modified to cover these types of projects. 

Statewide MOUs/Programmatic Agreements

Biological – Mitigation Planning

Planning Guidelines for Standard Approaches to Mitigation Site Monitoring and Maintenance (PDF) (1991) - 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.

Statewide Advance Mitigation Initiative MOU (PDF) (2021) between Caltrans, California Department of Fish and Wildlife, California State Water Resources Control Board, U.S. Army Corps of Engineers, South Pacific Division, the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the California State Coastal Commission.  The purpose of the MOU is to establish a mutual framework for coordinated review concerning the development of SAMI in California by Caltrans and CDFW for advance mitigation and conservation planning for planned transportation projects at a landscape scale.

For a copy of the following agreements, please contact advancemitigation@dot.ca.gov.

Master Process Agreement for Planning and Developing Advance Mitigation throughout California for the California Department of Transportation Advance Mitigation Program (2020) between Caltrans, California Department of Fish and Wildlife, California State Water Resources Control Board, U.S. Army Corps of Engineers, Los Angeles District, Sacramento District, and San Francisco District, the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the California State Coastal Commission.  The purpose of the Master Process Agreement is to perform the collaboration established in the 2016 SAMI MOU and establish a framework for incorporating natural resource regulatory review, expertise, and guidance into planning, development, advancement, and tracking of Caltrans’ advance mitigation projects.

NEPA/404 Integration Process - Current MOU, Procedures, and Memos

Partnership Agreements

  • CDFW-Caltrans Partnership Agreement (PDF), February 14, 2018

    Partnership Agreement (PA) with our California Department of Fish and Wildlife partners: This PA highlights the leadership support for the work achieved by the Lean 6 Sigma team focused on improving the Lake and Streambed Alteration (LSA) Notification Process. Beginning in 2016, a team of Caltrans and California Department of Fish and Wildlife staff collaborated to improve the initial acceptance rate of LSA Notification submittals to CDFW by Caltrans. Caltrans hopes to have the improvements rolled out and implemented later this spring along with the control phase of the project that will continually monitor the implementation of the improvements in the future.

  • Caltrans & Coastal Commission Plan for Improved Agency Partnering (PDF), December 21, 2016 

    The Caltrans & Coastal Commission Plan for Improved Agency Partnering contains recommendations to increase and improve coordination and communication between two sister agencies, the California Department of Transportation (Caltrans) and the California Coastal Commission (Commission).

US Coast Guard Bridge Permits

U.S. Forest Service

Desert Managers Group


1 Now the California Department of Fish and Wildlife (CDFW).
2 Now NOAA Fisheries.