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 in23 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 ( printed 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.

91 FR 62808