More than 300 migratory bird species in Oregon have the potential to nest in highway rights-of-way or on bridges. Because these species are protected under the Migratory Bird Treaty Act (MBTA) and there are no incidental take permits, Oregon Department of Transportation (ODOT) projects may be impeded by nesting birds. In 2006, ODOT contacted USDA Wildlife Services to assist with MBTA compliance. This paper describes the unique nature of the inter-governmental agreement and the success it has brought both agencies.