Common use of Highway Projects Clause in Contracts

Highway Projects. 3.3.1 Except as provided in subpart 3.3.2 of this MOU or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's responsibilities under subparts 3.1 and 3.2 of this MOU shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of Arizona. The definition of "highway project" is found at 23 C.F.R. 773.103, and for purposes of this MOU, "highway project" includes eligible preventative maintenance activities. ADOT shall conduct any reevaluation required by 23 C.F.R. 771.129 for projects for which construction is not completed prior to the date of this MOU in accordance with the provisions of this MOU. Prior to approving any CE determination, FONSl, final EIS, or final EIS/ROD, ADOT shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP), as applicable. A. All Class I, or EIS projects, that are funded by FHWA or require FHWA approvals. B. All Class II, or CE projects, that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class III, or EA projects, that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies (or projects without any Federal funding) that also require FHWA approvals. For these projects, ADOT would not assume the NEPA responsibilities of other Federal agencies; however, ADOT may use or adopt another Federal agency’s NEPA analysis or documents consistent with 40 C.F.R. parts 1500-1508, current law, and USDOT and FHWA regulations, policies, and guidance. E. FHWA will retain responsibility for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. 771.129 or other environmental reviews needed for the South Mountain Freeway project thereafter. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects: A. Any Federal Lands Highway projects authorized under 23 U.S.C. 202, 203, 204, and FAST Act Section 1123, unless such projects will be designed and constructed by ADOT. B. Any project that crosses or is adjacent to international boundaries. For purposes of this MOU, a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing of such project and provide relevant project information or materials before initiating any project-related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the project. C. Any highway project that crosses State boundaries. D. FHWA retains responsibility for the Interstate 11 (I-11) Corridor Tier 1 EIS, Nogales to Wickenburg until resolution of the complaint filed against FHWA (Coalition for Sonoran

Highway Projects. 3.3.1 Except as provided in subpart 3.3.2 of this MOU or otherwise specified in this subpart, the assignments and assumptions of the USDOT DOT Secretary's responsibilities under subparts subparts 3.1 and 3.2 of this MOU shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of Arizona. The definition of "highway project" is found at 23 C.F.R. CFR 773.103, and for purposes of this MOU, and "highway project" includes eligible preventative maintenance activities. ADOT shall conduct any reevaluation required by 23 C.F.R. CFR 771.129 for projects for which construction is not completed prior to the date of this MOU in accordance with the provisions of this MOU. Prior to approving any CE determination, FONSl, final EIS, or final EIS/ROD, ADOT shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program (TIP)Program, Regional Transportation Plan (RTP)Plan, or Metropolitan Transportation Plan (MTP)Plan, as applicable. A. All Class I, or EIS projects, that are funded by FHWA or require FHWA approvals. B. All Class II, or CE projects, that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class III, or EA projects, that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies Agencies (or projects without any Federal funding) that also require FHWA approvals. For these projects, ADOT would not assume the NEPA responsibilities of other Federal agenciesAgencies; however, ADOT may use or adopt another Federal agencyAgency’s NEPA analysis or documents consistent with 40 C.F.R. CFR parts 1500-1508, current law, and USDOT DOT and FHWA regulations, policies, and guidance. E. FHWA will retain responsibility for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. CFR 771.129 or other environmental reviews needed for the South Mountain Freeway project thereafter. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects: A. Any Federal Lands Highway projects authorized under 23 U.S.C. 202, 203, 204, and FAST Act the Fixing America’s Surface Transportation (FAST) Act, Section 1123, unless such projects will be designed and constructed by ADOT. B. Any project that crosses or is adjacent to international boundaries. For purposes of this MOU, a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing of such project and provide relevant project information or materials before initiating any project-project- related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the project. C. Any highway project that crosses State boundaries. D. FHWA retains responsibility for the Interstate 11 (I-11) Corridor Tier 1 EIS, Nogales to Wickenburg until resolution of the complaint filed against FHWA (Coalition for SonoranSonoran Desert Protection et al v. Federal Highway Administration et al., Case No. 4:22-cv-00193-JCH), any re-evaluations or other actions not ordered by the court, and any subsequent appeals. E. FHWA will be the lead Federal Agency for the I-11, I-10 to U.S. 93 Tier 2 EIS in Maricopa County until the notice of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) for the ROD has expired. F. Projects advanced by direct recipients of Federal assistance other than ADOT, including but not limited to: 1. Competitive grant programs; and 2. Transportation Infrastructure Finance and Innovation Act Credit Program.

Highway Projects. 3.3.1 Except as provided in subpart 3.3.2 of this MOU or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's responsibilities under subparts subparts 3.1 and 3.2 of this MOU shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of ArizonaFlorida. The definition of "highway project" is found at 23 C.F.R. CFR 773.103, and for purposes of this MOU, "highway project" includes eligible preventative maintenance activities. ADOT FDOT shall conduct any reevaluation reevaluations required by 23 C.F.R. CFR 771.129 for projects for which construction is was not completed prior to the date of this MOU the 2016 MOU, in accordance with the provisions of this MOU and the 2016 MOU. Prior to approving any CE determination, FONSl, final EISFEIS, or final EISFEIS/ROD, ADOT the State shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP)) as applicable. FDOT will be responsible for decisions on all classes of action for highway projects, upon the Effective Date of this MOU, as applicable.described below: A. All Class I, or EIS projects, both on the State Highway System (SHS), which includes the National Highway System, and Local Agency Program (LAP) projects off the SHS that are funded by FHWA or require FHWA approvals. Under the 2016 MOU, the two projects identified below were excluded from assignment and FHWA retained responsibility for the environmental review associated with the development and approval of their environmental documents. Upon the Effective Date of this MOU, FHWA assigns and FDOT assumes responsibility for any future environmental review for the following projects. a. I-4 Beyond the Ultimate (BTU) which consists of the three following project segments: Segment 2 FM # 242484-7 SR 400 (I-4) west of SR 528 (Beachline) to west of SR 435 ▇▇▇▇▇▇▇ ▇▇; Segment 3 FM # 242592-4 SR 400 (I-4) 1 mile east of SR 434 to east of SR 15/600/US 17/92 Seminole/Volusia C/L; Segment 4 FM # 408464-2 SR 400 (I-4) east of SR 15/600/US 17/92 to ½ mile east of SR 472; and I-4 Ultimate Segment FM # 242703-1 SR 400 (I-4) west of SR 435 (▇▇▇▇▇▇▇ ▇▇) to east of SR 434. b. Tampa Interstate Study (TIS) which consists of the three following project sections: Section 4 FM # 412531-1 (Note Sections 4 and 5 have same Design FM #) I-275/SR 60 and Northwest/Veterans; Section 5 FM # 412531-1 (Note Sections 4 and 5 have same Design FM #) I-275 ▇▇▇▇ to Hillsborough River; and Section 6 FM # 433821-1 I- 275/I-4 Downtown Interchange. B. All Class II, or CE projects, both on the SHS and LAP projects off the SHS that are funded by FHWA or require FHWA approvals. B. All Class II, or CE projects, that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class III, or EA projects, both on the SHS and LAP projects off the SHS that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies (or projects without any Federal funding) that also require FHWA approvals. For these projects, ADOT would FDOT will not assume the NEPA responsibilities of other Federal agencies; however. However, ADOT FDOT may use or adopt another other Federal agency’s agencies' NEPA analysis analyses or documents consistent with 40 C.F.R. CFR parts 1500-1508, current law, and USDOT and FHWA regulations, policies, and guidance. E. For projects where FDOT is assuming responsibility, FHWA will retain responsibility shall allow FDOT access to its project files and arrange for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. 771.129 or other environmental reviews needed for the South Mountain Freeway project thereaftercopies as requested. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any Federal Lands Highway projects authorized under 23 U.S.C. 202, § 202 and § 203, . B. Any highway projects authorized under 23 U.S.C. § 204, and FAST Act Section 1123, unless such projects will be designed and constructed by ADOTFDOT. B. C. Any project that crosses state boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this MOU, a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new new, or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing of such project and provide relevant project information or materials before initiating any project-related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the project. C. Any highway project that crosses State boundaries. D. Any projects that may be designed and constructed by the FHWA retains responsibility for under a 23 U.S.C. 308 agreement between the Interstate 11 FHWA Eastern Federal Lands Highway Division and FDOT. E. Projects under the Recreational Trails program (I-11) Corridor Tier 1 EIS, Nogales 23 U.S.C. 206). F. Any projects advanced by direct recipients of Federal-aid Highway funds other than FDOT except when pursuant to Wickenburg until resolution of a LAP Agreement between FDOT and the complaint filed against FHWA (Coalition for Sonorandirect recipient.

Highway Projects. 3.3.1 Except as provided in by subpart 3.3.2 of this MOU below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's responsibilities under subparts subparts 3.1 and 3.2 of this MOU above shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of ArizonaOhio. The definition of "highway project" is found at 23 C.F.R. CFR 773.103, and for purposes of this MOU, "highway project" includes eligible preventative maintenance activities. ADOT The State shall conduct any reevaluation reevaluations required by under 23 C.F.R. CFR 771.129 for projects for which construction is was not completed prior to the date of this MOU the Original MOU, in accordance with the provisions of this and the Original MOU. Prior to approving any CE determination, FONSlFONSI, final EIS, or final EIS/ROD, ADOT the State shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP), as applicable. A. All Class IProjects requiring an EIS, or EIS projects, both on the state highway system (SHS) and local government projects off the SHS that are funded by FHWA or require FHWA approvals. B. All Class IIProjects qualifying for CEs, or CE projects, both on the SHS and local government projects off the SHS that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class IIIProjects requiring EAs, or EA projects, both on the SHS and local government projects off the SHS that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies ([or projects without any Federal funding) ] that also require FHWA approvals. For these projects, ADOT ODOT would not assume the NEPA responsibilities of other Federal agencies; however. However, ADOT ODOT may use or adopt another other Federal agency’s agencies' NEPA analysis or documents analyses consistent with 40 C.F.R. CFR parts 1500-1508, current law1500 -1508, and USDOT and FHWA regulations, policies, and guidance. E. FHWA will retain responsibility for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. 771.129 or other environmental reviews needed for the South Mountain Freeway project thereafter. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects:. A. Any Federal Lands Highway highway projects authorized under 23 U.S.C. 202, 202 and 203, 204, and FAST Act Section 1123, 204 unless such projects will be designed and constructed by ADOT.ODOT B. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this MOU, agreement a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new new, or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing of such project and provide relevant project information or materials before initiating any project-related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the project. C. Any highway project that crosses State boundariesProjects under the Recreational Trails program (23 U.S.C. 206). D. FHWA retains responsibility for the Interstate 11 (I-11) Corridor Tier 1 EISPrograms and projects advanced by direct recipients of Federal-aid Highway Program funds other than ODOT, Nogales to Wickenburg until resolution of the complaint filed against FHWA (Coalition for Sonoranincluding but not limited to: i. BUILD, INFRA and/or subsequent similar funding source discretionary grants; ii. National Significant Freight and Highway Project Program.

Highway Projects. 3.3.1 Except as provided in by subpart 3.3.2 of this MOU below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's responsibilities under subparts subparts 3.1 and 3.2 of this MOU above shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of ArizonaOhio. The definition of "highway project" is found at 23 C.F.R. CFR 773.103, and for purposes of this MOU, "highway project" includes eligible preventative maintenance activities. ADOT The State shall conduct any reevaluation reevaluations required by under 23 C.F.R. CFR 771.129 for projects for which construction is not completed prior to the date of this MOU MOU, in accordance with the provisions of this MOU. Prior to approving any CE determination, FONSl, final EIS, or final EIS/ROD, ADOT the State shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP), ) as applicable. A. All Class IProjects requiring an EIS, or EIS projects, both on the state highway system (SHS) and local government projects off the SHS that are funded by FHWA or require FHWA approvals. B. All Class IIProjects qualifying for CEs, or CE projects, both on the SHS and local government projects off the SHS that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class IIIProjects requiring EAs, or EA projects, both on the SHS and local government projects off the SHS that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies ([or projects without any Federal funding) ] that also require FHWA approvals. For these projects, ADOT ODOT would not assume the NEPA responsibilities of other Federal agencies; however. However, ADOT ODOT may use or adopt another other Federal agency’s agencies' NEPA analysis or documents analyses consistent with 40 C.F.R. CFR parts 1500-1508, current law1500 -1508, and USDOT and FHWA regulations, policies, and guidance. E. FHWA will retain responsibility for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. 771.129 or other environmental reviews needed for the South Mountain Freeway project thereafter. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects:. A. Any Federal Lands Highway highway projects authorized under 23 U.S.C. 202, 202 and 203, 204, and FAST Act Section 1123, ; B. Any highway projects authorized under 23 U.S.C. 204 unless such projects will be designed and constructed by ADOTODOT. B. C. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this MOU, agreement a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new new, or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing Current projects meeting these criteria are: 1. HAM-50/State Line Road Improvements, PID 93507- Addition of such project left/right turn lanes and provide relevant project information or materials before initiating any project-related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the projectwidening. C. Any highway project that crosses State boundaries2. HAM-IR 71/IR 75-0.00/0.22, PID 75119- ▇▇▇▇▇ ▇▇▇▇▇▇ Bridge. D. FHWA retains responsibility for the Interstate 11 (I-11) Corridor Tier 1 EIS3. SCI-US23-0.00, Nogales PID 98150- Bridge deck overlay/resurfacing. 4. JEF-Wellsburg Bridge, PID 79353- Project is a new bridge over Ohio River to Wickenburg until resolution of the complaint filed against FHWA (Coalition for SonoranWV.

Highway Projects. 3.3.1 Except as provided in subpart 3.3.2 of this MOU or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's responsibilities under subparts subparts 3.1 and 3.2 of this MOU shall apply to the environmental review, consultation, or any other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of ArizonaAlaska. The definition of "highway project" is found at 23 C.F.R. CFR 773.103, and for purposes of this MOU, "highway project" includes eligible preventative maintenance activities. ADOT The DOT&PF shall conduct any reevaluation required by 23 C.F.R. CFR 771.129 for projects for which construction is not completed prior to the date of this MOU MOU, in accordance with the provisions of this MOU. Prior to approving any CE determination, FONSl, final EIS, or final EIS/ROD, ADOT DOT&PF shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Program Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP), as applicable. A. All Class I, or EIS projects, that are funded by FHWA or require FHWA approvals. B. All Class II, or CE projects, that are funded by FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to ADOT’s Section 326 MOU. C. All Class III, or EA projects, that are funded by FHWA or require FHWA approvals. D. Projects funded by other Federal agencies (or projects without any Federal funding) that also require FHWA approvals. For these projects, ADOT would The DOT&PF will not assume the NEPA responsibilities of other Federal agencies; however. However, ADOT DOT&PF may use or adopt another Federal agency’s NEPA analysis or documents consistent with 40 C.F.R. parts 1500-15081500—1508, current law, and USDOT and FHWA regulations, policies, and guidance. E. FHWA will retain responsibility for the South Mountain Freeway EIS until the notices of limitation of claims issued by FHWA pursuant to 23 U.S.C. 139(l) have expired. ADOT agrees to be responsible for any re-evaluations needed under 23 C.F.R. 771.129 or other environmental reviews needed for the South Mountain Freeway project thereafter. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects: A. Any Federal Lands Highway projects authorized under 23 U.S.C. 202, 203, and 204, and FAST Act Section 1123, unless such projects will be designed and constructed by ADOTDOT&PF. B. Any project that crosses or is adjacent to international boundaries. For purposes of this MOU, a project is considered "adjacent to international boundaries" if it connects to port of entry land; or requires the issuance of a new new, or the modification of an existing, Presidential Permit by the U.S. Department of State. ADOT shall notify FHWA in writing of such project and provide relevant project information or materials before initiating any project-related activities. FHWA will determine whether the project is subject to assignment after reviewing relevant project information and meeting with ADOT to discuss the project. C. Any highway project that crosses State boundariesPrograms and projects advanced by direct recipients of Federal-aid Highway Program funds other than DOT&PF, including but not limited to: 1. Recreational Trails program; 2. TIGER Discretionary grants; 3. Direct recipient tribal projects; and 4. Shakwak program. D. FHWA retains responsibility Privately-funded or other agency funded projects requiring NEPA review as part of Interstate access approvals, unless such projects will be designed and constructed by DOT&PF. ▇. ▇▇▇▇ review for private requests for changes in controlled access, unless such projects will be designed and constructed by DOT&PF. F. This assignment does not include the environmental review associated with the development and approval of a CE, EA, FONSI, Draft EIS, FEIS, or ROD for the Interstate 11 (I-11) Corridor Tier 1 EIS, Nogales to Wickenburg until resolution following projects: 1. 67698 & 67877 / 0922005 & 0922008 Gravina Access; 2. 71100 / 000S131 Juneau Access Improvements; and 3. 53014 / 0212015 Sterling Highway: MP 45-60. The DOT&PF will be responsible for any additional environmental review of these projects after the expiration of the complaint filed against FHWA (Coalition statute of limitations for Sonoranthese projects in accordance with 23 U.S.C. 139(l).