[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Notices]
[Pages 62808-62809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-20210]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2026-0959]
Application From the State of Georgia to the Surface
Transportation Project Delivery Program and Proposed Memorandum of
Understanding (MOU) Assigning Environmental Responsibilities to the
State
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice of proposed MOU and request for comments.
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SUMMARY: This notice announces that FHWA received and reviewed an
application from the Georgia Department of Transportation (GDOT)
requesting participation in the Surface Transportation Project Delivery
Program (Program). This Program allows for FHWA to assign, and States
to assume, responsibilities under the National Environmental Policy Act
of 1969 (NEPA), and all or part of FHWA's responsibilities for
environmental review, consultation, or other actions required under any
Federal environmental law with respect to one or more Federal highway
projects within the State. FHWA has determined the application to be
complete and developed a draft MOU with GDOT outlining how the State
would implement the Program with FHWA oversight. FHWA invites the
public to comment on GDOT's request, including its application and the
proposed MOU, which includes the proposed assignments and assumptions
of environmental review, consultation, and other activities.
DATES: Please submit comments by November 2, 2026.
ADDRESSES: To ensure you do not duplicate your docket submissions,
please submit them by only one of the following means:
Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor
Room W12-140, Washington, DC 20590.
Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave. SE, Washington, DC 20590 between 9:00 a.m. and 5:00 p.m.
(E.T.), Monday through Friday, except Federal holidays.
Instructions: You must include the Agency name and docket number at
the beginning of your comments. All comments received will be posted
without change to www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
For FHWA: Sabrina David by email at [email protected], by
telephone at 404-562-3630. FHWA Georgia Division Office's normal
business hours are 7:30 a.m. to 4:00 p.m. (E. T.), Monday-Friday,
except for Federal holidays.
For GDOT: Amber Phillips by email at [email protected] or by
telephone at 404-631-1100. State business hours are 8:00 a.m. to 5:00
p.m. (E. T.), Monday-Friday, except Federal and State holidays,
although State holidays may not completely coincide with Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may submit or retrieve comments online through the Federal
eRulemaking portal at: www.regulations.gov. The website is available 24
hours each day, 365 days each year. Please follow the instructions.
Electronic submission and retrieval help and guidelines are available
under the help section of the website.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: www.federalregister.gov
and the U.S. Government Publishing Office's web page at:
www.govinfo.gov.
Background
On September 2, 2026, FHWA received an application and
supplementary materials from GDOT requesting participation in the
Program. Under the Program, pursuant to Section 327 of Title 23, United
States Code (U.S.C.), the Secretary of the DOT is allowed to assign,
and a State to assume, the responsibilities under the NEPA (42 U.S.C.
4321 et seq.) and all or part of the responsibilities for environmental
review, consultation, or other actions required under certain Federal
environmental laws with respect to one or more Federal-aid highway
projects within the State. FHWA is authorized to act on behalf of the
Secretary with respect to these matters and implements this authority
through execution of a MOU with the State.
Under the proposed initial MOU with the State of Georgia, FHWA
would assign to the State, through GDOT, its responsibility of making
project-level decisions in relation to NEPA on highway projects within
the State of Georgia that are proposed to be funded with Title 23 funds
or otherwise require FHWA approval, and that require preparation of a
categorical exclusion (CE) determination, environmental assessment, or
environmental impact statement with the exception of the following: (1)
Federal Lands Highway projects authorized under 23 U.S.C. 202, 203, or
204, unless such projects will be designed and constructed by GDOT; (2)
projects that cross State boundaries; (3) projects that cross or are
adjacent to international boundaries; (4) Recreational Trails projects
under 23 U.S.C. 206; (5) Project DeRenne which includes the following
Project Identifier (PI): (i) PI 0008358; West DeRenne/Hampstead Avenue
Connector, (ii) PI 0008359; East DeRenne from Abercorn Street to Harry
S. Truman Parkway, (iii) PI 0010236; State Route (SR) 21 From CS 346/
Mildred Street to SR 204; (6) Projects advanced by direct recipients of
Federal aid highway funds other than GDOT, including but not limited
to: (i) Competitive grant programs, (ii) Direct recipient Tribal
project, and (iii) Transportation Infrastructure Finance and Innovation
Act Credit Program.
The assignment would give the State the responsibility to conduct
environmental review, consultation, and other related activities for
project delivery including, but not limited to the following laws and
requirements:
Air Quality
Clean Air Act (CAA), 42 U.S.C. 7401-7671q, with the exception
of any project level conformity determinations (42 U.S.C. 7506)
Noise
Noise Control Act of 1972, 42 U.S.C. 4901-4918
FHWA noise regulations in 23 CFR Part 772
Fisheries and Wildlife
Endangered Species Act of 1973, 16 U.S.C. 1531-1544
Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
Migratory Bird Treaty Act, 16 U.S.C. 703-712
[[Page 62809]]
Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d
Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801-1891d, with Essential Fish Habitat
requirements at 16 U.S.C. 1855(b)(2)
Historic and Cultural Resources
National Historic Preservation Act of 1966, as amended, 54
U.S.C. 300101 et seq.
Section 4(f) of the Department of Transportation Act of 1966
[Section 4(f)], 23 U.S.C. 138, 49 U.S.C. 303 and implementing
regulations at 23 CFR Part 774
Archeological Resources Protection Act of 1979, 16 U.S.C.
470(aa)-470(mm)
Native American Grave Protection and Repatriation Act, 25
U.S.C. 3001- 3013; 18 U.S.C. 1170
Archeological and Historic Preservation Act, 54 U.S.C. 312501-
312508
Social and Economic Impacts
American Indian Religious Freedom Act, 42 U.S.C. 1996
Farmland Protection Policy Act, 7 U.S.C. 4201-4209
Water Resources and Wetlands
Clean Water Act, 33 U.S.C. 1251-1387
Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
Coastal Zone Management Act, 16 U.S.C. 1451-1466
Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
General Bridge Act of 1946, 33 U.S.C. 525-533
Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14)
Flood Disaster Protection Act, 42 U.S.C. 4001-4130
FHWA wetland and natural habitat mitigation regulations, 23
CFR Part 777
Parklands and Other Special Uses
Section 4(f) of the Department of Transportation Act of 1966
[Section 4(f)], 23 U.S.C. 138, 49 U.S.C. 303 and implementing
regulations at 23 CFR Part 774
Land and Water Conservation Fund Act, 54 U.S.C. 200302-200310
FHWA-Specific
Planning and Environmental Linkages, 23 U.S.C. 168, with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135
Programmatic Mitigation Plans, 23 U.S.C. 169 with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135
The Secretary's responsibilities for government-to-government
consultation with Indian Tribes, as defined in 36 CFR 800.16(m), are
not assigned to or assumed by GDOT under the proposed MOU. FHWA will
retain responsibility for conducting formal government-to-government
consultation with federally recognized Indian Tribes. GDOT will conduct
routine consultation with Indian Tribes and understands that an Indian
Tribe has the right for government-to-government consultation with FHWA
upon request.
Nothing in the proposed MOU shall be construed to permit GDOT's
assumption of the Secretary's responsibilities for conformity
determinations required by Section 176 of the CAA (42 U.S.C. 7506) or
any responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303
or 5304.
The assignment under this part does not alter the scope and terms
of the proposed CE Assignment MOU under 23 U.S.C. 326 between GDOT and
FHWA published in the Federal Register for public review and comment
concurrently with this MOU. As applicable, GDOT will conduct all
environmental reviews authorized under the terms of that MOU when fully
executed.
On the cover page of all environmental analyses prepared under the
authority granted by this MOU, GDOT shall insert the following language
in a way that is conspicuous to the reader, or include it in a CE
project record: The environmental review, consultation, and other
actions required by applicable Federal environmental laws for this
project are being, or have been, carried out by GDOT pursuant to 23
U.S.C. 327 and a MOU dated [MMDDYYY] and executed by FHWA and GDOT.
GDOT will also disclose to the public, agencies and Tribes as part
of agency outreach and public involvement procedures, the above
disclosure.
GDOT will not make any determination that an action constitutes a
constructive use of a Section 4(f) property under 49 U.S.C. 303 and 23
U.S.C. 138 without first consulting with FHWA and obtaining FHWA's
approval of such determination.
A copy of the proposed MOU may be viewed on the docket at
www.regulations.gov, as described above, or may be obtained by
contacting FHWA or the State at the addresses provided above. A copy
also may be viewed on GDOT's website at www.dot.ga.gov/GDOT/Pages/NEPAAssignment.aspx.
FHWA Georgia Division, in consultation with FHWA Headquarters, will
consider the comments submitted when making its decision on the
proposed MOU. FHWA and GDOT may revise the MOU based on substantive
comments and will make the final MOU available to the public.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this Program.)
Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.117.
Sean McMaster,
Administrator, Federal Highway Administration.
[FR Doc. 2026-20210 Filed 10-1-26; 8:45 am]
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