Notice2026-04354
Renewal Package From the State of Ohio to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State
Primary source
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Published
March 5, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces that FHWA received and reviewed a renewal package from the Ohio Department of Transportation (ODOT) 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. The FHWA has determined the renewal package to be complete and developed a draft Second Renewal MOU with ODOT outlining how the State would implement the Program with FHWA oversight. The FHWA invites the public to comment on ODOT's request, including its renewal package and the proposed Second Renewal MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.
Full Text
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10853-10855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04354]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2026-0199]
Renewal Package From the State of Ohio 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 Second Renewal MOU and request for comments.
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SUMMARY: This notice announces that FHWA received and reviewed a
renewal package from the Ohio Department of Transportation (ODOT)
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. The FHWA has determined the renewal package
to be
[[Page 10854]]
complete and developed a draft Second Renewal MOU with ODOT outlining
how the State would implement the Program with FHWA oversight. The FHWA
invites the public to comment on ODOT's request, including its renewal
package and the proposed Second Renewal MOU, which includes the
proposed assignments and assumptions of environmental review,
consultation, and other activities.
DATES: Please submit comments by April 6, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 20590-0001.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
For FHWA: David Snyder by email at <a href="/cdn-cgi/l/email-protection#c084a1b6a9a4ee93aeb9a4a5b280a4afb4eea7afb6"><span class="__cf_email__" data-cfemail="165277607f723845786f7273645672796238717960">[email protected]</span></a> or by
telephone at 614-280-6896. The FHWA Ohio Division Office's normal
business hours are 8 a.m. to 4:30 p.m. (Eastern Time), Monday-Friday,
except for Federal holidays.
For the State of Ohio: Tim Hill by email at <a href="/cdn-cgi/l/email-protection#d98db0b4f791b0b5b599bdb6adf7b6b1b0b6f7beb6af"><span class="__cf_email__" data-cfemail="3d69545013755451517d5952491352555452135a524b">[email protected]</span></a>
or by telephone at 614-644-0377. State business hours are the same as
above 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: <a href="http://www.regulations.gov">www.regulations.gov</a>. 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: <a href="http://www.federalregister.gov">www.federalregister.gov</a>
and the U.S. Government Publishing Office's web page at:
<a href="http://www.govinfo.gov">www.govinfo.gov</a>.
Background
Section 327 of title 23, United States Code (U.S.C.), allows the
Secretary of the DOT to assign, and a State to assume, the
responsibilities under 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. The FHWA
is authorized to act on behalf of the Secretary with respect to these
matters.
The ODOT entered the Program on December 28, 2015 after submitting
its application to FHWA, obtaining FHWA's approval, and entering into a
MOU in accordance with 23 U.S.C. 327 and FHWA's application regulations
for the Program (23 CFR part 773). The MOU was amended on June 6, 2018.
On December 6, 2019, after coordination with FHWA, ODOT submitted the
renewal package in accordance with the renewal regulations in 23 CFR
773.115. The First Renewal MOU was executed on December 14, 2020 and
currently set to expire on December 28, 2025. On November 5, 2025, FHWA
extended the First Renewal MOU to June 28, 2026.
Under the proposed renewal MOU, FHWA would assign to the State,
through ODOT, its responsibility of making project-level decisions in
relation to NEPA on highway projects within the State of Ohio that are
proposed to be funded with Title 23 funds or otherwise require FHWA
approval, and that require preparation of a categorical exclusion
determination, environmental assessment, or environmental impact
statement with the exception of the following: (1) highway projects
authorized under 23 U.S.C. 202 and 203, highway projects under 23
U.S.C. 204 unless the project will be designed and constructed by ODOT;
(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; and (5) any project advanced by a Non-
ODOT Direct Recipient of Federal-Aid Highway Funds, i.e. a project in
which the Federal funds do not pass through ODOT and there is no Local
Public Agency Federal project agreement between ODOT and the Non-ODOT
entity.
The assignment would give the State the responsibility to conduct
environmental review, consultation, and other related activities for
project delivery under the following laws and requirements:
Air Quality
<bullet> Clean Air Act (CAA), 42 U.S.C. 7401-7671q, with the
exception of project level conformity determinations (42 U.S.C. 7506)
FHWA-Specific
<bullet> 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
<bullet> Programmatic Mitigation Plans, 23 U.S.C. 169 with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135
Fisheries and Wildlife
<bullet> Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d
<bullet> Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
<bullet> Migratory Bird Treaty Act, 16 U.S.C. 703-712
<bullet> Endangered Species Act of 1973, 16 U.S.C. 1531-1544
<bullet> Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
<bullet> Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
<bullet> Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801-891d
Hazardous Materials Management
<bullet> Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. 9601-9675
<bullet> Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C.
9671-9675
<bullet> Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k
Historic and Cultural Resources
<bullet> Archeological Resources Protection Act of 1979, 16 U.S.C.
470(aa)-470(mm)
<bullet> Native American Grave Protection and Repatriation Act, 25
U.S.C. 3001- 3013; 18 U.S.C. 1170
<bullet> Archeological and Historic Preservation Act, 54 U.S.C. 312501-
312508
<bullet> National Historic Preservation Act of 1966, as amended, 54
U.S.C. 300101, et seq.
<bullet> 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
[[Page 10855]]
Noise
<bullet> FHWA noise regulations in 23 CFR part 772
<bullet> Noise Control Act of 1972, 42 U.S.C. 4901-4918
Parklands and Other Special Land Uses
<bullet> Land and Water Conservation Fund Act, 54 U.S.C. 200302-200310
<bullet> Section 4(f) of the Department of Transportation Act of 1966,
23 U.S.C. 138, 49 U.S.C. 303 and implementing regulations at 23 CFR
part 774
Social and Economic Impacts
<bullet> American Indian Religious Freedom Act, 42 U.S.C. 1996
<bullet> Farmland Protection Policy Act, 7 U.S.C. 4201-4209
Water Resources and Wetlands
<bullet> Clean Water Act, 33 U.S.C. 1251-1387 (sections 319, 401, 402,
404 and 408)
<bullet> Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
<bullet> FHWA wetland and natural habitat mitigation regulations, 23
CFR 777
<bullet> Flood Disaster Protection Act, 42 U.S.C. 4001-4130
<bullet> General Bridge Act of 1946, 33 U.S.C. 525-533
<bullet> Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
<bullet> Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
<bullet> Wetland Mitigation, 23 U.S.C. 119(g) and 133(b)(14)
<bullet> Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
<bullet> Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
<bullet> Coastal Zone Management Act, 16 U.S.C. 1451-1466
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 ODOT under the proposed MOU. The FHWA
will retain responsibility for conducting formal government-to-
government consultation with federally recognized Indian Tribes. ODOT
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 ODOT'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.
On the cover page of all environmental analyses prepared under the
authority granted by this MOU, ODOT 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 ODOT pursuant to 23
U.S.C. 327 and a Memorandum of Understanding dated [MMDDYYYY] and
executed by FHWA and ODOT.
ODOT will also disclose to the public, agencies and Tribes as part
of agency outreach and public involvement procedures, the above
disclosure.
ODOT will not make any determination that an action constitutes a
constructive use of a Section 4(f) property under 49 U.S.C. 303/23
U.S.C. 138 without first consulting with FHWA and obtaining approval of
such determination.
A copy of the proposed Second Renewal MOU and renewal package may
be viewed on the docket at <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 ODOT's website at <a href="https://www.transportation.ohio.gov/programs/nepa-odot/nepa-assignment-documentation">https://www.transportation.ohio.gov/programs/nepa-odot/nepa-assignment-documentation</a>.
The FHWA Ohio Division, in consultation with FHWA Headquarters,
will consider the comments submitted when making its decision on the
proposed MOU. FHWA and ODOT may revise the MOU based on substantive
comments and will be make the final renewal MOU available to the
public.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing E.O.
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. 2026-04354 Filed 3-4-26; 8:45 am]
BILLING CODE 4910-22-P
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