1994 Memorandum of Understanding

INTRODUCTION

The Department of Transportation of the United States of America and the Secretaría de Comunicaciones y Transportes of the United Mexican States, together hereinafter the "Parties,"

Considering the existing commercial relations between the two Parties which will continue to develop with the implementation of the North American Free Trade Agreement;

Recognizing the need for a well-coordinated transportation planning process along the border between their respective countries; and

Desiring to establish and implement procedures for coordination of border transportation planning;

Have agreed to the following:

ARTICLE I - PURPOSE

The Parties intend to cooperate on land transportation planning and to establish methods and procedures to analyze current and future highway transportation infrastructure needs to facilitate efficient, safe and economical cross-border transportation movements.

ARTICLE II - GOALS

The Parties agree.

1. To promote effective communication between the parties and between the border States of both countries concerning land transportation planning;
2. To establish necessary coordination with respect to other border planning activities, as appropriate, including:
   1. Existing planning processes and studies by Federal and State governments, including the United States Mexico Bilateral Committee on Bridge and Border Crossings; and
   2. Planning processes, studies, and initiatives that seek to identify broad transportation needs to accommodate current and future highway traffic volume between both parties;
3. To coordinate with the United States-Mexico Bilateral Committee on Bridges and Border Crossings and other Federal and State agencies concerned with border crossing activities such as customs, immigration, foreign relations, agriculture, and law enforcement;
4. To develop and implement coordinated land transportation plans and programs between the parties in two phases of action, short-range and long-range;
5. To evaluate transportation demand and infrastructure impacts resulting from future changes in land transportation traffic; to explore potential programs to facilitate technology transfer and personnel exchange and training; and to explore alternative funding mechanisms, including international and domestic sources, to complement the budget established in this Memorandum of Understanding.
6. To promote effective communication between the Parties concerning their respective national highway systems.

ARTICLE III - JOINT WORKING COMMITTEE

In accordance with Appendix I of this Memorandum of Understanding, the Parties will establish a Joint Working Committee consisting of at least 20 members as follows:

1. Four representatives of the Department of Transportation;
2. One representative from each of the four border States of the United States;
3. One representative from the United States delegation to the United States-Mexico Bilateral Committee on Bridges and Border Crossings;
4. Four representatives of the Secretaría de Comunicaciones y Transportes;
5. One representative form the Mexican delegation to the Mexico-United States Bilateral Committee on Bridges and Border Crossings; and
6. One representative from each of the six border States of Mexico.

One representative for the Department of Transportation and one representative form the Secretaría de Comunicaciones y Transportes will serve as co-chairs for the Joint Working Committee. Other Federal and State transportation representatives may be included, as appropriate and as decided by the parties, in the Joint Working Committee.

The participation of the representatives form the border States shall be governed by the constitutional precepts of their respective country.

ARTICLE IV - AUTHORITY OF JOINT WORKING COMMITTEE

The Joint Working Committee will develop its own operating procedures.

Each Party may retain independently one or more consultants to develop border highway transportation plans and programs.

The Joint Working Committee shall not provide consensus advice on matters of national policy to the Parties.

ARTICLE V - TRANSPORTATION PLAN AND PROGRAM

The Joint Working Committee will analyze, develop, and coordinate border transportation plans and programs reflecting the needs of both countries.

The U.S. members of the Joint Working Committee will be responsible for the U.S. portion of the Transportation Plan and Program and the Mexican members of the Joint Working Committee will be responsible for the Mexican portion of the Transportation Plan and Program.

The proposed work will be conducted in at least two phases, as indicated in Annex II [Appendix II] of the Memorandum of Understanding.

ARTICLE VI - RESPONSIBILITY OF THE PARTIES

Each Party will contribute towards the budget of the Joint Working Committee by paying its respective costs. The activities undertaken pursuant to this Memorandum of Understanding shall be subject to the availability of funds.

ARTICLE VII - DISPUTE RESOLUTION

Any differences arising from the interpretation or application of this Memorandum of Understanding will be resolved by agreement of the Parties. Any differences arising from the interpretation or application of the Appendices to this Memorandum of Understanding will be resolved by agreement of the Joint Working Committee.

ARTICLE VIII - EFFECT AND TERMINATION

This Memorandum of Understanding will go into effect on the data of signature.

Either Party may terminate the memorandum of Understanding or any of its Appendices at any time by providing ninety days notice in writing to the other Party. The termination of the Memorandum of Understanding will not affect any cooperative activities taken pursuant to Appendix II that are initiated prior to such termination unless the parties agree otherwise in writing.

ARTICLE IX - MODIFICATIONS

The parties may modify this Memorandum of Understanding by written, mutual agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.

DONE at Washington, D.C., in duplicate, this 29th day of April, 1994, in the English and Spanish languages, each text being equally authentic.

APPENDIX I - COMPOSITION OF THE JOINT WORKING COMMITTEE

The Department of Transportation of the United States of America proposes:

1. To invite the States of California, Arizona, New Mexico, and Texas:
   1. To designate one representative from each State to participate as a member of the Joint Working Committee;
   2. To contribute funds for the U.S. portion of the Transportation Plan and Program in relative proportion to their annual State Planning and Research funds; and
   3. To designate one State to provide the administrative management of the project funding for the U.S. portion of the Transportation Plan and Program and to enter into an agreement, independent of the other party, with the transportation planning consultant or consultants selected by the U.S. members of the Joint Working Committee;
2. To designate a maximum of four representatives from the Department of Transportation to participate as members of the Joint Working Committee; and
3. To invite the Department of State to designate a representative from the United States delegation to the United States-Mexico Bilateral Committee on Bridges and Border Crossings.

The Secretaría de Comunicaciones y Transportes of the United Mexican States proposes:

1. To invite one representative from each of the Mexican border States of Baja California, Sonora, Chihuahua, Coahuila, Nuevo Leon, and Tamaulipas:
   1. To designate a representative of each State to participate in the Joint Working Committee; and
   2. To collaborate and facilitate the elaboration of the Transportation Plan and Program;
2. To designate a maximum of four representatives from the Secretaría de Cumnicaciones y Transportes to participate as members of the Joint Working Committee;
3. To invite the Secretaría de Relaciones Exteriores to designate a representative from the Mexican delegation to the Mexico-United States Bilateral Committee on Bridges and Border Crossings;
4. To contribute necessary funds for the Mexican portion of the Transportation Plan and Program; and
5. To provide the administrative management of the funding for the Mexican portion of the Transportation Plan and Program and to enter into an agreement, independent of the other Party, with the transportation planning consultant or consultants selected by Mexican members of the Joint Working Committee.

APPENDIX II - DEVELOPMENT OF TRANSPORTATION PLANS AND PROGRAMS

The Joint Working Committee will develop transportation plans and programs in at least two phases.

1. Phase I will be of 3 to 6 months duration and will rely on available information. Phase I will include:
   1. An inventory of existing transportation facilities, plans, programs, mapping, and projected traffic volumes, taking into account data and information from ongoing and existing studies;
   2. An inventory and description of all existing transportation planning processes affecting the common border area of the United States and Mexico;
   3. An analysis of existing short-range transportation investment programs, including both public and private investments and recommendations for coordination;
   4. A review and inventory of other comprehensive transportation-related planning processes including those involving land use, socio-economic, demographic, and environmental issues;
   5. Development of a data base for the plans and programs utilizing a geographic information system for data organization and establishment of a system of electronic communication among the members of the Joint Working Committee to share data and information; and
   6. Preparation of a report on Phase I and recommendations for the scope of work for Phase II.
2. Phase II will follow Phase I and will be more comprehensive. It will include collecting detailed data, including land use and socio-economic data, and simulating travel demand. Such information will focus, in part, on identifying specific transportation infrastructure projects.

The Parties, through the Joint Working Committee, will take steps to achieve a smooth transition between Phase I and Phase II, including examining the possibility of retaining one consultant for both phases.

The Joint Working Committee will be responsible for planning activities that address long-term growth patterns, the creation of coordinated planning data sets, and other important border highway transportation planning information. Such activities will enable States on both sides of the border to better coordinate access and egress roads, potential border crossings, efforts to alleviate vehicular traffic congestion, and other border infrastructure needs.

For purposes of coordination and information, the Joint Working Committee will keep the United States-Mexico Bilateral Committee on Bridges and Border Crossings informed of its findings by formal presentations twice a year and interim reports as necessary.