Notice2024-18085
Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Maine, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)
Primary source
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Published
August 14, 2024
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
The FHWA and the State of Maine, acting by and through its Department of Transportation (State), propose a MOU providing participation of the State in the Categorical Exclusion 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 the National Environmental Policy Act.
Full Text
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<title>Federal Register, Volume 89 Issue 157 (Wednesday, August 14, 2024)</title>
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[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66170-66172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18085]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2024-0058]
Proposed Memorandum of Understanding (MOU) Assigning Certain
Federal Environmental Responsibilities to the State of Maine, Including
National Environmental Policy Act (NEPA) Authority for Certain
Categorical Exclusions (CEs)
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed MOU; request for comments.
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SUMMARY: The FHWA and the State of Maine, acting by and through its
Department of Transportation (State), propose a MOU providing
participation of the State in the Categorical Exclusion 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 the
National Environmental Policy Act.
DATES: Comments must be received on or before September 13, 2024.
ADDRESSES: You may submit comments, identified by Docket Number FHWA-
2024-0058, by any of the methods described below. To ensure that you do
not duplicate your submissions, please submit them by only one of the
following means:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for submitting comments.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m. ET, except Federal holidays.
Instructions: You must include the agency name and docket number
FHWA-2024-0058 at the beginning of your comments. All comments received
will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For FHWA: Gary Scholze; by email at
<a href="/cdn-cgi/l/email-protection#afe8ceddd681fcccc7c0c3d5caefcbc0db81c8c0d9"><span class="__cf_email__" data-cfemail="d097b1a2a9fe83b3b8bfbcaab590b4bfa4feb7bfa6">[email protected]</span></a> or by telephone at 207-512-4917. The Maine
Division
[[Page 66171]]
Office's normal business hours are 8 a.m. to 5 p.m. (eastern standard
time), Monday through Friday, except Federal holidays. For the State of
Maine: Kristen Chamberlain; by email at <a href="/cdn-cgi/l/email-protection#eaa19883999e8f84c4a9828b87888f98868b8384aa878b83848fc48d859c"><span class="__cf_email__" data-cfemail="8ec5fce7fdfaebe0a0cde6efe3ecebfce2efe7e0cee3efe7e0eba0e9e1f8">[email protected]</span></a>
or by telephone at 207-557-5089. The Maine Department of
Transportation's business hours are 7:30 a.m. to 4:30 p.m. (eastern
standard time), Monday through Friday, except State and Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document, a complete copy of the proposed MOU, background
documents, and comments received may be viewed online through the
Federal eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. The website is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded by accessing the Office of the
Federal Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. This
document is also available on the Maine Department of Transportation
(MDOT) website at <a href="https://www.maine.gov/mdot/env/NEPA/assignment/index.shtml">https://www.maine.gov/mdot/env/NEPA/assignment/index.shtml</a>.
Background
Section 326 of title 23, United States Code (U.S.C.), creates 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 (CE)
from requirements for environmental assessments or environmental impact
statements pursuant to the National Environmental Policy Act of 1969,
42 U.S.C. 4321 et seq. (NEPA). In addition, this program allows the
assignment of other environmental review requirements applicable to
Federal highway projects. The FHWA is authorized to act on behalf of
the Secretary with respect to these matters.
The FHWA would execute Maine'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 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 Federal laws and
Executive Orders:
<bullet> Clean Air Act (CAA), 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
<bullet> Noise Control Act of 1972, 42 U.S.C. 4901-4918
<bullet> Compliance with the noise regulations in 23 CFR part 772
(except approval of the State noise policy in accordance with 23 CFR
772.7)
<bullet> Section 7 of the Endangered Species Act of 1973, 16 U.S.C.
1531-1544, and 1536
<bullet> Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
<bullet> Migratory Bird Treaty Act, 16 U.S.C. 703-712
<bullet> Bald and Golden Eagle Treaty Act, as amended, 16 U.S.C. 668-
668c
<bullet> Section 106 of the National Historic Preservation Act of 1966,
as amended, 54 U.S.C. 306108
<bullet> Archeological Resources Protection Act of 1979, 16 U.S.C.
470aa-mm
<bullet> Title 54, Chapter 3125--Preservation of Historical and
Archeological Data, 54 U.S.C. 312501-312508
<bullet> Native American Grave Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170
<bullet> American Indian Religious Freedom Act, 42 U.S.C. 1996
<bullet> Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209
<bullet> Clean Water Act, 33 U.S.C. 1251-1377, Sections 401, 404, and
319
<bullet> Rivers and Harbors Act of 1899, 33 U.S.C. 403
<bullet> Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
<bullet> Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931
<bullet> Wetlands Mitigation, 23 U.S.C.103(b)(6)(m), 133(b)(3)
<bullet> FHWA wetland and natural habitat mitigation regulations, 23
CFR part 777
<bullet> Flood Disaster Protection Act, 42 U.S.C. 4001-4128
<bullet> Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6
<bullet> Section 4(f) of the Department of Transportation Act of 1966,
23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774
<bullet> Land and Water Conservation Fund (LWCF), Public Law 88-578, 78
Stat. 897 (known as Section 6(f))
<bullet> Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. 9601-9675
<bullet> Superfund Amendments and Reauthorization Act of 1986 (SARA),
42 U.S.C. 9671-9675
<bullet> Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k
<bullet> Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C.
319
<bullet> E.O. 11990, Protection of Wetlands
<bullet> E.O. 11988, Floodplain Management (except approving design
standards and determinations that a significant encroachment is the
only practicable alternative under 23 CFR 650.113 and 650.115)
<bullet> E.O. 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low Income Populations
<bullet> E.O. 11593, Protection and Enhancement of Cultural Resources
<bullet> E.O. 13007, Indian Sacred Sites
<bullet> E.O. 13175, Consultation and Coordination with Indian Tribal
Governments
<bullet> E.O. 13122 and E.O. 13751, Invasive Species
<bullet> E.O. 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
<bullet> Planning and Environmental Linkages, 23 U.S.C. 168, except for
those FHWA responsibilities associated with 23 U.S.C. 134 and 135
<bullet> Programmatic Mitigation Plans, 23 U.S.C. 169, except for 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.
The 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 and Executive
Orders. 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 Maine 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 FHWA will consider the comments submitted on the proposed MOU
when making its decision on whether to execute this MOU. The
[[Page 66172]]
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.)
Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 40
CFR 1507.3, 1508.4.
Todd Jorgensen,
Division Administrator, Federal Highway Administration.
[FR Doc. 2024-18085 Filed 8-13-24; 8:45 am]
BILLING CODE 4910-22-P
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