# MEMORANDUM OF UNDERSTANDING

ENVIRONMENTAL COORDINATION AND REVIEW

AMONG THE FEDERAL PARTNERS

OF THE

FEDERAL TASK FORCE TO REBUILD NEW YORK CITY

ENVIRONMENTAL PLANNING AND REVIEW COMMITTEE

This Memorandum of Understanding (MOU) is entered into jointly by the
following parties: the Federal Emergency Management Agency (FEMA); the
Federal Transit Administration (FTA); the Federal Highway Administration
(FHWA); the U.S. Department of Housing and Urban Development (HUD); the
New York State Urban Development Corporation d/b/a the Empire State
Development Corporation (ESDC) and the Lower Manhattan Development
Corporation (LMDC); the U.S. Coast Guard (USCG); the U.S. Environmental
Protection Agency (EPA); the U.S. Army Corps of Engineers (USACE); the
U.S. Fish and Wildlife Service (USFWS); and the National Marine
Fisheries Service (NMFS).

## I. Purpose

The purpose of this Memorandum of Understanding (MOU) is to formalize
the commitment among the listed Federal agencies to work in a partnering
process to coordinate and accelerate the review of projects under the
National Environmental Policy Act (NEPA) and associated laws in order to
develop environmentally responsible projects while preventing project
delays. The partnership would also ensure that the Federal agencies work
efficiently with the State and Local agencies toward this goal. This
partnership will facilitate a coordinated approach that ensures
environmentally sound decisions based on concurrent and expedited agency
reviews. This MOU shall be applicable to projects developed and/or
funded as a result of the September 11, 2001, terrorist attack on New
York City (NYC).

## II: Background

The need for environmental coordination to streamline project
development and construction is seen as necessary by the parties to
fulfill the mandates of NEPA and applicable Federal, State, and local
environmental laws.

The MOU identifies the Federal lead and cooperating agencies for the
preparation and documentation of analysis required under NEPA and
associated laws, and establishes a response period among the listed
agencies for consultation, coordination, and concurrence of project
requirements. Additional MOUs or other agreements may be developed to
address particular issues, projects, or other needs to further the
intent of this MOU.

The federal funding agencies, which include FEMA, FTA, FHWA, and HUD,
developed a preliminary list of potential recovery projects. These
projects are identified in the Emergency/Interim Transportation Disaster
Recovery Plan and referenced herein. Similar or additional projects may
be identified at a later date within the same scope or magnitude, and
this MOU shall be applicable to those projects.

### III. Commitments of the Agencies

Since the projects may involve funding, concurrence, or permitting from
several Federal agencies, each agency will be responsible for
identifying the issues that must be addressed to satisfy its respective
statutory requirements and for coordinating with other agencies as
necessary. Each of the signatories to this MOU will be responsible for
the following:

-   FEMA - will serve as a lead agency and coordinate all project
    reviews for projects funded under FEMA programs related to the
    disaster designated FEMA-1391-DR-NY, serve as a cooperating agency
    for projects funded under other authorities, as appropriate, and
    provide technical assistance for National Flood Insurance Program
    related issues.

-   FTA - will serve as a lead agency and coordinate all project reviews
    for projects funded under FTA programs, serve as a cooperating
    agency for projects funded under other authorities, as appropriate,
    and provide technical assistance for transit-related projects.

-   FHWA - will serve as a lead agency and coordinate all project
    reviews for projects funded under FHWA programs, serve as a
    cooperating agency for projects funded under other authorities, as
    appropriate, and provide technical assistance for road-related
    projects.

-   HUD - will serve as a cooperating agency for projects funded under
    non-HUD authorities, as appropriate.

-   New York State through the ESDC and/or the LMDC, pursuant to 42
    U.S.C. 5304(8), will assume the Federal agency responsibility for
    environmental reviews, will act as a lead agency, and will
    coordinate all project reviews for projects funded under HUD
    community development programs; and upon the request of a federal
    lead agency, will serve as a cooperating agency for projects funded
    under other authorities, as appropriate.

-   USACE - will serve as a cooperating agency and provide technical
    assistance, as necessary, in evaluating projects to ensure any U.S.
    water or wetland impacts are identified, avoided or minimized, and
    mitigation resolved.

-   USCG - will serve as a cooperating agency and provide technical
    assistance, as necessary, in evaluating projects to ensure the U.S.
    navigable waterway needs are met and any bridge impacts are
    identified and resolved. .

-   EPA - will serve as a cooperating agency and provide technical
    assistance, as necessary, to ensure air quality, water quality, and
    hazardous waste standards are evaluated in NEPA documents and other
    environmental studies in support of NEPA documents, as appropriate.

-   USFWS - will serve as a cooperating agency and provide technical
    assistance, as necessary, in evaluating projects to ensure
    threatened and endangered species are identified, any impacts
    avoided or minimized, and mitigation resolved.

-   NMFS - will serve as a cooperating agency and provide technical
    assistance in, evaluating projects, as necessary, to ensure
    threatened and endangered species and essential fish habitat are
    identified, any impacts avoided or minimized, and mitigation
    resolved.

In the spirit of cooperation and collaboration, and with the mutual
understanding that this is a flexible working agreement among the
signatory agencies, we hereby commit to undertake the following actions:

-   Support concerted, cooperative, effective, and collaborative work to
    provide for the disaster recovery effort resulting from the
    September 11, 2001, New York City terrorist attack.

-   Accelerate all project reviews under our respective jurisdictions.

-   Notify parties at the earliest project proposal stage when it
    becomes apparent that a party will not have an action and therefore
    will not need to participate further in that project\'s development.

-   Address anticipated needs for funding, licensing, permitting, or
    other action that may result from a proposed project by ensuring
    that consultation, documentation, and design meet the needs for
    agency approval(s).

-   Coordinate agencies\' public involvement processes to the extent
    possible.

-   Participate in the development of technical information,
    identification of impacts on resources, and mitigation
    recommendations.

-   Review and comment on draft documentation regarding project impacts,
    mitigation, and design.

-   Participate in meetings as necessary to discuss such documentation,
    mitigation, and design.

-   Provide timely review and constructive comments on projects,
    focusing additional information requests on information that is
    needed to reach an informed decision.

-   Identify solutions to reduce unnecessary project delays by using
    concurrent review of plans and projects and other means.

-   Share information on project reviews with Federal, State, and City
    agencies in order to avoid duplication of effort.

-   Identify potential barriers to achieving project goals through
    meetings, conference calls, and participation in developing timely
    resolutions.

To aid in meeting these commitments the parties agree to do the
following:

-   Provide response and/or comment within a 10-day period from the date
    of receipt

-   Provide comments and propose mitigation at the earliest stage
    possible in project development.

-   Share information related to project development, review, and
    approval to assist other parties in carrying out their
    responsibilities and decision-making.

-   Provide representation and information to meet these commitments via
    meetings of the Federal Task Force to Rebuild NYC and the
    Environmental Planning and Review Committee, and additional
    communication, as needed.

-   To the greatest extent possible, speak with one voice through the
    lead Federal agency in order to ensure working efficiently.

-   This MOU may be modified upon the mutual (written) consent of
    participating parties.

-   An agency, upon 10 days written notice to the other participants,
    may terminate its participation in this agreement without rendering
    the document invalid for all other participating agencies;
    supplemental documentation of termination of participation will be
    adopted by the remaining agencies upon receipt of the written
    notice.

-   Nothing in this MOU shall be construed as limiting or constraining a
    lead or cooperating agency\'s obligation to make an independent
    assessment and decision regarding the appropriate level of
    environmental documentation and processing with respect to specific
    projects under NEPA and related statutes.

This MOU may be implemented in counterparts, with a separate page for
each signatory, and FEMA will ensure that each party is provided a
complete copy. This MOU is effective on the signatory date for each
party. Nothing in this agreement is intended to conflict with current
law or regulation or directives of the signatory parties. If a term of
this agreement is inconsistent with such authority, then the term shall
be invalid, but the remaining terms and conditions of this agreement
shall remain in full force and effect. Potentially, other agencies may
become parties to this agreement as project development progresses. This
MOU shall remain in effect until the last project funded as a result of
the September 11, 2001, terrorist attack on New York City is fully
constructed.

**IV. Conclusion**

In signing this MOU, the undersigned recognize and accept the roles and
responsibilities assigned to each party. Each of the parties agrees to
pursue cooperation, communication, and efficiency to effectively ensure
that projects comply with all applicable Federal requirements.

MEMORANDUM OF UNDERSTANDING,

ENVIRONMENTAL COORDINATION AND REVIEW

AMONG THE FEDERAL PARTNERS OF THE

FEDERAL TASK FORCE TO REBUILD NEW YORK CITY

ENVIRONMENTAL PLANNING AND REVIEW COMMITTEE

FEDERAL EMERGENCY MANAGEMENT AGENCY

Joseph Picciano, Acting Regional Director, Region II

Date: 6/20/02

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FEDERAL TRANSIT ADMINISTRATION

Letitia Thompson, Regional Administrator, Region II

Date: 6/24/02

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FEDERAL HIGHWAY ADMINISTRATION

Robert Arnold, Division Administrator, New York Division

Date: 6/24/02

![](media/image3.png)EMPIRE STATE DEVELOPMENT CORPORATION

Kevin S. Colbert, Executive Vice President and Chief Operating Officer

Date: 6/25/02

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LOWER MANHATTAN DEVELOPMENT CORPORATION

Kevin Rampe, Executive Vice President and General Counsel

Date: 6/21/02

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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Roy A. Bernardi, HUD Assistant Secretary for Community Planning and
Development

Date: 7/16/02

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U.S. ENVIRONMENTAL PROTECTION AGENCY

Jane M. Kenny, Regional Administrator, Region II

Date: 7/1/02

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U.S. ARMY CORPS OF ENGINEERS

Colonel John B. O'Dowd, Commander, New York District

Date: 7/2/02

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U.S. COAST GUARD

Rear Admiral Vivien S. Crea, Commander, First Coast Guard District

Date: 7/18/02

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U.S. FISH AND WILDLIFE SERVICE

Dr. Mamie Parker, Regional Director, Northeast Regional Office

Date: 7/24/02

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NATIONAL MARINE FISHERIES SERVICE

Patricia A. Kurkul, Regional Administrator, Northeast Regional Office

![](media/image11.png)Date: 8/9/02