MOUs, MOAs, and Agreements

23 USC 326 and 23 USC 327 NEPA Assignment

• On May 27, 2022, FHWA signed the Caltrans 23 USC 327 NEPA Assignment MOU (327 MOU) for a term of ten 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) - May 27, 2022
• 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 In addition with this renewal, the Programmatic Agreement for Non-Highway Projects approved on May 24, 2021 has been superseded as the language in the new 326 MOU has been modified to cover these types of projects.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

• NEPA Programmatic Categorical Exclusion Agreement for Non-Highway Projects (PDF) (May 24, 2021) between Caltrans and FHWA.  Addresses actions that are subject to NEPA and are classified as non-highway projects. SUPERSEDED BY RENEWED 326 MOU.
• For Programmatic Section 4(f) Evaluations see Chapter 20 - Section 4(f) and the Programmatic Section 4(f) Annotated Outline
• Section 106 of the National Historic Preservation Act Programmatic Agreement
• MOU between the California Department of Transportation and the California State Historic Preservation Officer Regarding Compliance with Public Resources Code Section 5024 and Governor's Executive Order W-26-92 - PRC 5024 MOU (PDF)
• Section 7 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

• NEPA/404 MOU (PDF) (2006) 

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

• USACE/USCG MOA (PDF), 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 (PDF), 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.
• Memorandum of Understanding between the Federal Highway Administration-California Division, the California Department of Transportation, and the USDA, Forest Service, Pacific Southwest Region and Intermountain Region to Perfect Title Along Segments of Existing Highways on Forest Service Lands in the State of California (PDF), October 2001. This MOU established a process to perfect title along previously unrecorded segments of highway existing on Forest Service lands in the State of California.
• Memorandum of Understanding between Caltrans and the Forest Service (PDF), May 1989 with two 1990 addenda. This MOU and its addenda address the management of state highways on or adjacent to United States Forest Service land.

Desert Managers Group

• Memorandum of Understanding to Participate in the Desert Managers Group, 2005 (PDF). This MOU sets forth the intentions of the parties to participate and carry out the mission of the California Desert Managers Group (DMG), of which Caltrans is a partner agency. For more information, please see the Desert Managers Group website.

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