Interagency Guidance: Transportation Funding
for Federal Agency Coordination
Associated with Environmental Streamlining Activities

APPENDIX A
Examples of Interagency Agreements and
Summary of Lessons Learned/Best Practices to Expedite Reviews

Intergovernmental Cooperation Act, 31 U.S.C., §6505 et. seq.

TEA-21 §1309(e)(2)(B)

Priority highway construction project review: To provide staff to the COE for §404 and §10 reviews of projects under design or contemplated by MDT.

This is a multi-year agreement initiated in 1999 for 4 years. The funding includes overhead costs.

Intergovernmental Cooperation Act, 31 U.S.C. §6505;

10 U.S.C. §3036d;

23 U.S.C. §132**

The focus of the agreement is on reviewing permitting decisions for priority projects. Provisions for expedited reviews are considered other tasks that could be assigned by MDT and include but not limited to the following: early review of projects; participation in scoping activities; review database information associated with permit activities; provide detailed input on alternatives under consideration; or review and comment on system-level documents.

Performance indicators require: MDT and COE to review existing interagency coordination processes and develop recommendations to streamline procedures and increase efficiency w/in 3 months of the staff's starting date; the COE is to provide a preliminary response to MDT on all applications w/in 30 days of submission, to include status update on expected level of complexity and estimated future action that may be needed.

To address the COE's specific requirement for payment-in-advance, the state used 23 U.S.C §132 as a mechanism to transfer advanced funds at the time the agreement was signed and to obtain immediate reimbursement of the Federal-aid share. The FHWA division office was a signatory. The individual in the position has been very effective.

To increase and facilitate FWS involvement in the SCDOT planning and environmental coordination process.

This agreement provides for a full time Biologist to work on SCDOT projects and provide expedited document review and project coordination.

US Fish and Wildlife Act of 1956 (16 U.S.C., 742f(a)(4))

Intergovernmental Cooperation Act (31 U.S.C. 6505)

SCDOT uses Federal funds for 4 positions, i.e. 1 at each of the following resource agencies: (SHPO) at SC Dept. of Archives and History; SC Dept. of Natural Resources; USFWS; and SC Dept. of Health and Environmental Control.

The agreements are established for separate Federal-aid projects; require agencies to baseline and demonstrate expedited time frames, and establish goals

Performance Measures: Maximum review times are written into the agreements and if the times are not met, the position will not be funded for another term.

SC DOT developed a performance survey requiring the personnel in these positions to provide monthly summaries of their work and the review times. Thus far, the review times from the SHPO office have averaged 6.6 days (previously 30+ days); overall time to get a 404/401 permit has been reduced from 330 to 220 days.

These personnel are becoming involved in an environmental screening process for long-range transportation plans. The goal is to keep environmental challenges from becoming environmental obstacles and to address the issues before they reach the project development stage.

SCDOT used the Intergovernmental Cooperation Act and Public Law 105-277, as authorities for the USFWS to receive advance payment before incurring any expenditures and providing any goods or services.

To provide staff to increase EPA's level of early involvement during the project planning and development process, so that final EPA reviews will not result in unnecessary delays in Caltrans project development.

MOU was signed September 26, 2001 and will terminate on June 30, 2003.

This MOU is in the early stages of implementation. It includes a signed partnership agreement that lists the agencies' commitments to achieving the objective for 2000 and beyond. EPA is required to submit an annual summary report of progress describing achievements, including any improvements it has documented in coordinating and streamlining environmental reviews, identify recommendations for improving consultation and coordination, etc. Under the section on standard operating procedures, the MOU presents strategies for dispute resolution.

Performance Measures: Among the standards is the requirement pertaining to timeliness of document/project reviews for a target turnaround time of 20 working days upon receipt of complete documentation by EPA.

• If more than one position is being funded, try to have the agreements on the same cycle.
• Agreements should cover more than one year, so that the staff has enough time to better understand the agency's processes, etc. Also, if the agreement term is short, it is difficult to recruit or retain the most qualified individuals.
• Provide enough information in the agreement to clarify expectations, identify specific tasks/key responsibilities, priorities, etc.
• Require the development of a reporting system to describe the value the position added to the agency (e.g., notable projects/accomplishments, initiatives for process improvement, role the staff had in proactive issues, etc.)
• Evaluation Process: Evaluate the positions in the agencies that are supported by the program to determine the benefit of the services to the funded agency. Follow-up with one-on-one discussions/interviews with the managers.

• Have the agencies rate themselves so that gaps, discrepancies, etc. can be identified and resolved.
• In obtaining feedback from the managers, discuss expectations, accountability, accomplishments, and next steps.
• Develop a tracking mechanism.