The FM Area Diversion comprehensive project is a Congressionally authorized federal project using a split-delivery method, which means the project is divided into two major components with each delivered by a different partner. This allows the project to be completed faster than with traditional funding/financing methods.
1. Joint Powers Agreement
The Joint Powers Agreement created the Metro Flood Diversion Authority and establishes its role as the primary non-federal sponsor for the project. It establishes the duties, responsibilities and obligations of the MFDA and its member entities in North Dakota and Minnesota as a permanent North Dakota political subdivision.
2. Project Partnership Agreement
A second agreement, the Project Partnership Agreement between the government (the U.S. Army Corps of Engineers) and non-federal partners (the Metro Flood Diversion Authority, the City of Fargo and the City of Moorhead) serves as the legal agreement establishing the partnership between the government and the non-federal sponsors for FM Area Diversion construction.
The U. S Army Corps of Engineers is the lead federal regulatory agency overseeing the FM Area Diversion Project and is constructing the Federal Work. The MFDA is the lead agency for the implementation of the P3, this is the first ever public-private partnership involving a project overseen for the Corps.
The Stormwater Diversion Channel and Associated Infrastructure portion of the project is being developed by the Red River Valley Alliance, a consortium of three acclaimed international companies, through a public-private partnership, or P3. This agreement was entered into with the MFDA, which oversees the FM Area Diversion’s construction, in accordance with its requirements and operating standards.
The RRVA will build the Stormwater Diversion Channel and Associated Infrastructure, which includes aqueducts, the diversion outlet, and road and railroad crossings.
The Metro Flood Diversion Authority is a permanent North Dakota political subdivision with members from North Dakota and Minnesota. It’s charged with overseeing the delivery, operations and maintenance of the non-federal portions of the project and is led by a Board with subcommittees.
The MFDA is led by 13 board members who represent: Fargo, West Fargo and Cass County in North Dakota, Moorhead and Clay County in Minnesota, and the Cass County Joint Water Resources District.
Committees and subcommittees within the MFDA Board oversee areas such as finance, land management and planning.
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