Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Georgia, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)
This notice announces that FHWA and the State of Georgia, acting by and through its State Department of Transportation, propose a MOU providing participation of the State in the...
Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT).
ACTION:
Notice of proposed MOU and request for comments.
SUMMARY:
This notice announces that FHWA and the State of Georgia, acting by and through its State Department of Transportation, propose a MOU providing participation of the State in the CE Assignment Program. This program allows FHWA to assign its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed MOU, are categorically excluded from preparation of an environmental assessment or an environmental impact statement under NEPA.
DATES:
Please submit comments by November 2, 2026.
ADDRESSES:
To ensure that 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
Sabrina.David@dot.gov,
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
aphillips@dot.ga.gov
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 October 24, 2025, FHWA received a request from the State of Georgia,
( printed page 62807)
acting by and through its State Department of Transportation, to participate in the CE Assignment Program. The CE Assignment Program, pursuant to Section 326 of Title 23, United States Code (U.S.C.), is a program that allows the Secretary of the U.S. Department of Transportation (Secretary), to assign, and a State to assume, responsibility for determining whether certain highway projects are included within classes of action that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to NEPA, 42 U.S.C. 4321et seq.
In addition, this program allows the assignment of other environmental review requirements applicable to Federal highway projects. FHWA is authorized to act on behalf of the Secretary with respect to these matters.
FHWA would execute Georgia's participation in this program through an MOU. statewide decisionmaking responsibility would be assigned for all activities identified in the MOU within the categories listed in 23 Code of Federal Regulations (CFR) 771.117(c) and those listed as examples in 23 CFR 771.111(d), and any activities added through FHWA rulemaking to those listed in 23 CFR 771.117(c) or example activities listed in 23 CFR 771.117(d) after the date of the execution of this MOU. In addition to the NEPA CE determination responsibilities, the MOU would assign to the State the responsibility for conducting Federal environmental review, consultation, and other related activities for projects that are subject to the MOU with respect to the following laws and requirements:
Air Quality
Clean Air Act,42 U.S.C. 7401-7671q,
Including determinations for project-level conformity if required for the project, except as specified in Stipulation II.B.2 of the MOU
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. 300101et seq.
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 MOU allows the State to act in the place of FHWA in carrying out the functions described above, except with respect to government-to-government consultations with federally recognized Indian Tribes. FHWA will retain responsibility for conducting formal government-to-government consultation with federally recognized Indian Tribes, which is required under some of the above-listed laws. The State may also assist FHWA with formal consultations, with consent of a Tribe, but FHWA remains responsible for the consultation.
This assignment includes transfer to the State of Georgia the obligation to fulfill the assigned environmental responsibilities on any proposed projects meeting the criteria in Stipulation 1(B) of the MOU that were determined to be CEs prior to the effective date of the proposed MOU but that have not been completed as of the effective date of the MOU.
The assignment under this part does not alter the scope and terms of the proposed Surface Transportation Project Delivery Program Assignment MOU under 23 U.S.C. 327 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.
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 will consider the comments submitted on the proposed MOU when making its decision on whether to execute this MOU. FHWA will make the final, executed MOU publicly available.
(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.)
Use this for formal legal and research references to the published document.
91 FR 62806
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Georgia, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs),” thefederalregister.org (October 2, 2026), https://thefederalregister.org/documents/2026-20209/proposed-memorandum-of-understanding-mou-assigning-certain-federal-environmental-responsibilities-to-the-state-of-georgi.
www.regulations.gov
www.federalregister.gov
www.govinfo.gov
23 CFR 771.111(d)
www.dot.ga.gov/GDOT/Pages/NEPAAssignment.aspx