Date: Jan 8, 1997

Department of Transportation

Federal Highway Administration

INFORMATION: Cooperative Agreement Between

The Nature Conservancy and the FHWA Regarding Research

on Biodiversity Conservation and
Transportation Planning

From: Associate Administrator for Program Development

To:       Regional
Administrators

Federal
Lands Highway Program Administrator

The FHWA has developed a cooperative agreement with The
Nature Conservancy (TNC) regarding research on biodiversity conservation and
transportation planning, signed by

Acting, Adminisuator
Jane Garvey and TNC President JohnSawhill June 6,
1997, (copy attached). The agreement encourages working relationships
between TNC and FHWA Headquarters and field offices, and State highway
agencies. The normal scope of activities addressed by the
agreement are expected to be program level research and development
activities. Applications are anticipated to be primarily in ecosystem management
and regional planning for ecological

mitigation through resource data
development, information sharing, and information systems

management. It also authorizes and
encourages FHWA Headquarters and field offkes to
develop working and contractual reiationships with
TNC to use their unique capabilities where

such cooperative efforts will benefit
the highway planning and project development process.

Such efforts will help build more environmentally compatible
highways through the greater use

of scientific and organizational
resources unique to TNC.

The ISTEX commits the FHWA to promote regional planning,
ecosystem management and new partnerships. Long range, regional planning for procectiqn of biodiversity in the early phases of highway
project development is essential to meeting these commitments. This agreement
represents a significant step in meeting this need, and toward achieving our
strategic objective to enhance and protect our natural and human environment.
It supports the Administration’s ecosystem management initiatives by encouraging
the development and sharing of biodiversity

management information, expertise,
and technology between the FHWA, highway agencies, TNC, and other partners. It will
foster closer cooperation between partners in highway planning

and accelerate the development of
information and management approaches necessary for more effective protection
and restoration of rare or imperiled natural communities. In doing this, the agreement
will help provide more effective tools to our customers for conservation

and management of ecosystems,
wildlife habitat, and biological diversity in highway planning and construction
programs; and will assist the FHWA and highway agencies in meeting requirements
of current transportation and environmental goals and regulations. Questions
regarding the agreement and resources available from TNC can be addressed to
Mr. Paul Garrett of my staff at  (202) 3662047, or Mr. Keith Mulrooney, TNC Federal A n at (703) 841-7427.

COOPERATIVE
AGREEMENT BETWEEN THJ3 FEDERAL HIGHWAY ADMINISTRATION AND

THE NATURE CONSERVACY

I. PREFACE

This cooperative agreement (Agreement) is made between the
Federal Highway Administration (FHWA) and The Nature Conservancy (TNC).

WHEREAS,

the FHWA carries out the highway
transportation programs of the Department of Transportation and desires to
encourage the protection and sound management of ecosystems, wildlife, and
habitat, while at the same time accomplishing its primary mission of providing
safe, efficient highway facilities to the traveling public. The FHWA is bound
by Federal environmental laws [such as the Endangered Species Act (16 U.S.C.
1551 et. seq., as amended), the Clean Water Act, Section 404 (33 U.S.C. 1344),
and the National Environmental Policy Act (42 U.S.C. 4321 et. seq.)], to
evaluate, consider, and mitigate significant environmental impacts of their
projects. Under Title I of the Inter-modal Surface Transportation Efficiency
Act of 1991, the FHWA is committed to supporting States in promoting innovative
transportation solutions, new partnerships, transportation enhancement options,
regional planning, ecosystem management, and effectively fulfilling statutory
mandates.

WHEREAS,

the primary mission of TNC is to
identify, protect and maintain imperiled species and the best examples of
communities and ecosystems, TNC is uniquely positioned to cooperate with the
FHWA in developing and sharing environmental data on species, native ecological
communities, and biodiversity. TNC, State Natural Heritage Programs, and
.4ssociation for Biodiversity Information (ABI) cooperate in the use of
biodiversity information and related data that can be of use to the FHWA to
make informed planning decisions concerning impacts of transportation projects
to ecological resources. The FHWA and TNC have a successful history of
cooperation, and wish to work cooperatively over a broad range of activities
concerning environmental compliance (such as NEPA reviews), mitigation of
ecological impacts, ecosystem management, ecoregional
planning, and other environmental issues. TNC, a nonprofit organization that
operates in the 50 States and U.S. territories, manages its own nature preserve
system, and cooperates with other governmental and nongovernmental agencies and
organizations having an interest in environmental and natural resource
management. TNC developed, holds the copyright in, and supports the Biological
and Conservation Data System (BCD) Advanced Revelation-based application
software, the conservation information system most widely used in the U.S. and
Canada. TNC continues to provide ongoing research and development of
conservation information systems (including the BCD), technical assistance,
scientific data development, and administrative support for Natural Heritage
Programs in the U.S. as well as Heritage Programs in Canada. The Natural Heritage

Programs were originally established as a result gf join! efforts by the States and
TNC. The States and TNC have regularly exchanged information, including
information about the global SYXLE, na&ral
history, and mzagcmen; nezds
of natural corzzuti:ic; ard rare and endangered species, and wish fo continue to share and exchange information.

THEREFORE,

the FHWA and TNC agree to work
cooperatively over a broad range of activities of mutual interest and benefit,
such as ecological impacts and mitigation, ecosystem management, protection of
biodiversity, ecoregional planning, and other related
environmental issues as identified herein.

II. PURPOSE

The purposes of this Agreement are to: 1) provide effective,
practicable protection and management of ecosystems, wildlife, habitat, and
biological diversity within the context of the FHWA highway planning and
construction program; 2) facilitate the development and sharing of natural
resource information, expertise, and technology between the FHWA, State highway
agencies, and TNC; 3) assist the FHWA and State highway agencies in meeting requirements
of c&rent, applicable transportation and
environmental laws and regulations.

III. AUTHORITY

The statutory authority for this Agreement is 23 U.S.C.
Section 307(a)(2).

IV. ACTIVITIES AND RESPONSIBILITTES

A. The Nature Conservancy may, with or without participation
of State Natural Heritage Programs or AElI, enter
into separate assistance agreements with the FHWA, where appropriate, to engage
in the following research, development, and technology transfer activities:

1. Develop and share technology for and information on
approaches to conservation of biodiversity and ecosystem-based management of
biological resources useful in the planning and development of transportation
projects and systems;

2. Cooperate with transportation agencies and appropriate
State Natural Heritage Programs to develop and share technology and technology
transfer capabilities relating to biodiversity inventory information 2
including locations and evaluations of elements of biological diversity. This
may include, but is not limited to, the development of automated data bases
related to biological diversity, mapping, ecosystem modeling, mitigation
technology, and geographical information systems (GIS);

3. Cooperate in other research activities on biodiversity, ecoregional analysis and planning, and related technology
needed to support these aspects of FHWA programs. This includes interpretation,
evaluation, and monitoring of biological diversity on lands potentially
affected by FHWA-supported projects, ecosystem modeling, control of non-native,
undesirable plants and animals, rare and endangered species, and natural
communities; and

4. To the extent practicable, cooperatively share
information with the FHWA on biodiversity and ecological resources on lands
potentially affected by projects funded under Title 23, where such information
sharing is necessary to accomplish other purposes and objectives of this
agreement. B. The FHWA may enter into separate assistance agreements with TNC where . appropriate to engage in
the research, development, and technology transfer activities identified in
paragraph IV(A). The FHWA will: 1. Identify an FHWA point of contact for each
activity; 2. Seek opportunities for cooperative activities which involve the
unique capabilities of TNC and will meet the mutual needs of the FHWA, State
highway agencies, and TNC in planning and mitigating the ecological impacts of
Federal-aid highway projects, and consider unsolicited proposals for such
activities from TNC; 3. To the extent practicable, cooperatively share
information with TNC on biodiversity and ecological resources on lands
potentially affected by projects funded under Title 23, where such information
sharing is necessary to accomplish other purposes and objectives of this
agreement;

I -7-h

4. Cooperate with TNC on the development of automated data
bases, including GIS, related to the conservation of biological diversity,
where such projects and information will facilitate transportation planning and
the development of sustainable transportation systems and technology; and 5.
Consider TNC evaluation, management, and monitoring methodologies and
recommendations for use in developing FHWA approaches, integrated plans, and
guidance. !X~THERMORI’Z, the parties agree that acccmF!ishment of the goals and objectives of %e Agreement
is of mutual concern and benefit. The signatory parties agree and understand
that this Agreement does not constitute a commitment of funds, and that
performance under this Agreement by either party is dependent upon lawful
appropriation, availability, and authorization of funds by proper authorities
and upon the execution of separate subagreements.
Nothing herein shall impede the parties from using other mechanisms for
cooperating to accomplish the purposes set out above. Nothing herein shall be
construed as limiting or affecting in any way the vested or delegated authority
and mission of the FHWA.

V. DELEGATION AND ADMINISTRATION

A. The following TNC employees may negotiate and enter into subagreements within the scope of this Agreement on behalf
of TNC: (1) Director of Conservation Science; (2) Regional Office Directors;
(3) State and Chapter Directors; (4) Director of Heritage Operations; and (5)
Regional Directors of Conservation Science.

B. Consistent with applicable Federal and State laws and
regulations, official contracting officers at the FHWA Headquarters, Region,
and Division Offices may negotiate and enter into subagreements
within the scope of this Agreement on behalf of the FHWA, or otherwise
authorize the appropriate use of Federal-aid highway funds by State highway
agencies in pursuit of the objectives of this agreement.

C. Expenditures under this Agreement shall be determined by
said specific subagreements.

D. Each said subagreement shall
include a statement of work from TNC (and any partner) that identifies goals
and objectives, study design, methods, and products for work to be
accomplished, and an estimated budget. When the scope of work, budget, and a
payment schedule are mutually agreed upon, a subagreement
may be executed by the appropriate contracting officer to duly obligate funds
to implement the purposes of this cooperative agreement.

E. Any subagreement negotiated under authority of this Agreement
will remain in full force and effect, unless and until modified or terminated
by local signatory parties, per the terms of said subagreement.

F. Any subdgreement to this
agreement should define the product(s) and product- specific documentation that
are to become jointly owned by the parties thereto. TNC and/or its partners
shall have full rights to use any data and other materials related to the
product(s) and product-specific documentation. No subagreement
may further restrict TNC’s and partners’ use of data and other
materials. The subagreements may also contain
provisions for protection from public disclosure of data relating to specific
locations of rare and endangered species where appropriate and consistent with
Federal information disclosure law.

VI. MODIFICATION AND TERMINATION

This Agreement may be modified or amended by mutual
agreement of the parties in writing as signed by each of the parties thereto.
Unless reauthorized, this agreement shall expire 5 years from the date of
signing. This Agreement may be terminated by either the FHWA or TNC upon
written notice from the appropriate authorizing official. Authorizing
signatures must be obtained from appropriate officers of both TNC and the FHWA
to execute the renewal.

VII. IMPLEMENTATION

This Agreement becomes effective when signed by appropriate
offers of the FHWA and TNC.

Signed

Sarvey

Acting Administrator

Federal Highway Administration

6/6/97

Can’t make out name

President and CEO

The Nature Conservancy

6/6/97