I. Purpose 

MEMORANDUM OF UNDERSTANDING 

Between 

UNITED STATES ARMY CORPS OF ENGINEERS 

And 

BNSF RAILWAY COMPANY 

The purpose of this Memorandum of Understanding (MOU) is to establish 

communication protocols and provide a basis for mutually supportive actions 

between the BNSF Railway Company (BNSF) and the United States Army Corps 

of Engineers (Corps) consistent with their respective missions and to maintain and 

improve regulatory consistency and compliance for railroad operations. 

This MOU will ensure BNSF is able to fulfill its federal statutory mandate, as a 

common carrier, to provide freight rail service, while complying with federal 

environmental regulations for projects under Corps jurisdiction. 

Additionally, the adherence to this MOU is intended to reduce the Corps workload 

through system-wide BNSF regulatory awareness, utilizing Standard Operating 

Procedures and Best Management Practices to minimize environmental impacts, 

and utilizing uniform and consistent notification and permit submittals. 

II. Goals and Objectives 

The goals and objectives of this MOU are to: 

1. Improve coordination and communication at all levels (State, District, 

Division and National) between BNSF and the Corps to increase permit 

processing efficiency and minimize misunderstandings and 

misassumptions. 

2. Identify specific Corps and BNSF Points-of-Contact (POC's) to maximize 

communication efficiency and foster cooperative resolution of regulatory 

issues. 

3. Establish BNSF system-wide standard liaison protocols and standard 

operating procedures for: emergencies; priority activities to avoid 

emergencies; routine projects and maintenance activities; and major capital 

expansion projects. 

4. Encourage uniformity and consistency in regulation application, 

management, mitigation and enforcement at all levels to avoid confusing 

and conflicting interpretations across jurisdictional boundaries. Define 
regional permit processing centers for BNSF permits that cross Corps 

District and Division boundaries. 

5. Define future anticipated work on the BNSF railway system and develop 

District and regional permitting and mitigation strategies to reduce 

processing times while enhancing environmental protection. 

Ill. Participants 

BNSF: 

BNSF is the second largest rail carrier in North America with significant 

infrastructure adjacent to regulated waterways. BNSF's vision and values 

statement includes assurance for safe and efficient interstate rail service, while 

being sensitive to the environment by adhering to high legal and ethical standards. 

Corps: 

Regulatory Program: the Corps works to provide protection of the Nation's aquatic 

environment, efficient administration of the Corps' regulatory program, and fair and 

reasonable decision-making for the regulated public. 

IV. Statement of Mutual Benefits 

The adoption of a BNSF specific review and communications policy provides the 

opportunity to improve public and private sector service, security, and safety. 

BNSF: 

Corps: 

Public: 

Streamlined, standardized permit review and jurisdictional 

determinations 

Reduced staff time and workload, lessons learned for linear projects, 

increased consistency in decision-making 

Reduced environmental impacts and improved public safety 

V. Responsibilities 

BNSF: 

1. BNSF shall develop and utilize standardized submittals, wherever feasible, 

for notifications, jurisdictional determinations, and permit applications. 

BNSF will continue to provide internal training to its project managers and 

consultants to ensure consistency in Corps communications and submittals. 

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BNSF will continue an internal review process to identify opportunities to 

minimize permit needs through site evaluation, plan review, and adaptive 

management that focuses on avoidance of impacts. 

2. BNSF will submit permit applications, correspondence and plan documents 

electronically whenever possible to support the Corps initiative to convert to 

an electronic environment. Correspondence and applications can then be 

logged and tracked throughout the review and approval process. 

3. BNSF will work with the Corps to develop a definition of the railroad 

"structure" to be the "railroad support prism" in order to clarify and expedite 

"Emergency Permitting Procedures" by the Corps. The railroad support 

prism will be proposed to be defined as "all materials within an area below a 

2:1 slope down and outward from a point 2 feet off the end of the rail tie to 

natural ground." 

4. BNSF POC's, Managers of Engineering and other BNSF system 

representatives, shall communicate and strive to meet on a regular basis 

with the Corps POC's to ensure continuous clear lines of communication 

and contact verification. 

5. BNSF will work with the railroad industry to encourage coordination with the 

Corps to develop Regional General Permits (RGPs) for specific railway 

construction, maintenance, and emergency work. 

6. BNSF will develop anticipated scopes of work for track expansion for five 

and ten years in the future to develop future possible permitting strategies 

and data acquisition. 

7. BNSF will provide the Corps existing spatial data on track right-of-way 

locations with emphasis on aquatic resources and habitat located within 

and along rights-of-way. 

Corps: 

1. The Corps shall recognize the importance of freight rail in the review and 

processing of submittals. The Corps will assist BNSF in the development 

review of standardized permit applications materials. 

2. The Corps will coordinate with and assist BNSF in developing RGPs for 

routine maintenance and emergency activities for major portions of their 

track network. The Corps will make use of the lessons learned in linear 

projects to work toward the development of RGPs that cross Division 

boundaries to facilitate standardized applications and procedures across 

the entire BNSF network. 

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3. The Corps will include BNSF in notifications for review and clarification of 

definitions and policy decisions in linear project permitting and mitigation 

strategies (including pipelines, road, and rail construction projects) including 

ditch issues (maintenance and relocation), grading, drainage structures, 

vegetation management, dewatering, location of dredge and fill sites, 

mitigation and NEPA dredging, filling, etc. BNSF shall provide constructive 

input on these issues when requested to ensure that unique railroad 

perspectives are understood and taken into account during policy 

clarifications. 

4. The Corps shall review the BNSF definition of the track and associated 

railroad support prism as a structure with the goal of providing coordination 

for the development of the final guidelines for this definition to be adopted 

within 180 days of the MOU signature. 

5. The Corps will use information provided by BNSF in their scope of future 

work to develop regional permitting strategies using the concepts of linear 

projects to assign a single permit manager for cross District/Division 

projects. 

6. The Corps will, subject to the availability of funds, provide training to BNSF 

personnel on jurisdictional issues and permitting authorities to streamline 

applications and insure increased protection of aquatic resources. 

BNSF & Corps: 

1. The Corps and BNSF shall jointly work to develop a clear and consistent 

definition of an "emergency" as it includes the track and associated railroad 

support prism that meets the requirements of the Corps regulations and the 

specific circumstances of a railroad track and railroad support prism with a 

specified immediate threat to their integrity to insure emergency permits are 

issued where warranted. Procedures for management of non-immediate, 

yet potentially critical, threats to the integrity of the structure will be defined 

and utilized by both parties. 

2. The Corps and BNSF will use a "Point of Contact" protocol for initial contact 

regarding jurisdictional matters, and all emergency issue communications 

and coordination. These "Points of Contact" shall be reviewed each year by 

both the Corps and the BNSF to ensure they are current, valid, and 

responsive to the needs of each. To facilitate this communication and 

coordination concept, a two-tiered team approach will be established as 

follows: 

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National Oversight Team: 

Co-chairs: 

Program Manager 

BNSF- Mr. R.J. Boileau, AVP-Engineering Services 

Corps - Ms. Jennifer Moyer, Senior Regulatory 

Members: One senior member each from BNSF and the Corps 

from each regional team 

Responsibilities: Oversee relationship between BNSF and Corps at all 

levels 

Oversee regional teams 

Develop nationwide permits for railroad projects and 

maintenance work 

Oversee the joint BNSF/Corps Pilot Program 

Serve as the "appeals board" for issues that cannot be 

resolved at the regional level 

Meet periodically at the call of the co-chairs 

Regional Teams (one corresponding to each Corps division office): 

Co-chairs: 

Members: 

Responsibilities: 

BNSF - Regional Director, Engineering Services 

Corps - MSC Regulatory Program Manager (as 

selected by the Corps National Co-Chair) 

BNSF - Engineering Managers as selected by the 

BNSF National Team Co-Chair 

Corps - District Regulatory Branch Chiefs or others as 

selected by the Corps National Team Co-Chair 

Oversee status of individual permits within the region 

and resolve issues arising from them 

Manage the joint BNSF/Corps Pilot Program 

Direct permitting and mitigation approaches, as 

appropriate, for multi-district track expansion projects 

Establish teams and approaches to develop guidance 

on track, structures, and emergency permitting options 

Establish teams and approaches to supervise training 

on jurisdiction 

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Develop Regional Permits for railroad projects and 

maintenance work 

Develop Regional permitting and mitigation strategies 

for long-term future track work in line with linear project 

lessons learned, identify lead PM.s for projects. 

Manage data sharing as described in paragraph 3 

below 

Meet periodically at the call of the co-chairs, but not 

less than twice per year 

3. BNSF and the Corps will coordinate in developing and sharing digital 

information which will provide the location of the BNSF rail lines, other 

appropriate information available, and Corps jurisdictional boundaries in 

GIS format to enable common reference points for reviews and web sites. 

This will allow integration between the two systems and faster permit review 

as the physical data will be complimentary. 

VI. Special Provisions 

1. This MOU is neither a fiscal nor a funds obligation document. Any 

endeavor involving reimbursement or contribution of funds between the 

parties of this MOU will be handled in accordance with applicable laws, 

regulations, and procedures. 

2. This MOU may be modified or amended as necessary upon written consent 

of the parties or may be terminated by either party provided that party 

provides written notice to the other party within 60 days of such a decision. 

3. This Agreement will be reviewed periodically, but not less than bi-annually 

by the parties. It may be subject to reconsideration at other times as may 

be required and agreed to by the parties. 

4. This MOU becomes effective upon signature by the parties and shall be in 

force for five years. After the expiration of said five years, this MOU will 

automatically be extended until either party notifies the other that it wishes 

to terminate this MOU. 

5. Documents, data, maps and other information provided by BNSF pursuant 

to this MOU may be proprietary or confidential business information or 

information that is prohibited from disclosure pursuant to applicable law. 

Such information will only be made available to those in the Corps who 

have a need for the information in performance of their official duties. 

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Requests for BNSF information from other Federal agencies will be 

coordinated with BNSF. For public requests of BNSF information, under 

the Freedom of Information Act or otherwise, the Corps will notify BNSF 

and provide BNSF an opportunity to comment on whether the information 

requested is privileged1 confidential, or prohibited from disclosure by 

applicable law. If BNSF determines that the information is privileged, 

confidential, or prohibited from disclosure by applicable law, BNSF will 

explain in detail why-the information is privileged, confidential, or prohibited 

from disclosure by applicable law. The Corps will review the explanation, 

and if the explanation is reasonable, the Corps will not administratively 

release the documents. 

6. Nothing herein is intended to create any rights in third parties. 

Steven L. Stockton, P.E 

Director of Civil Works 

U.S. Army Corps of Engineers 

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David Freeman 

VP Engineering 

BNSF_ RJi,lwly Company 

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