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)

Issuing agencies

Abstract

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.

Full Text

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<title>Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Notices]
[Pages 62806-62808]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20209]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2026-0958]


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)

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 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 <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.
    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: Sabrina David by email at <a href="/cdn-cgi/l/email-protection#a8fbc9cadac1c6c986ecc9dec1cce8ccc7dc86cfc7de"><span class="__cf_email__" data-cfemail="5d0e3c3f2f34333c73193c2b34391d393229733a322b">[email&#160;protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#6607160e0f0a0a0f16152602091248010748010910"><span class="__cf_email__" data-cfemail="f998899190959590898ab99d968dd79e98d79e968f">[email&#160;protected]</span></a> 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: <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

    On October 24, 2025, FHWA received a request from the State of 
Georgia,

[[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. 4321 et 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

<bullet> 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

Noise

<bullet> Noise Control Act of 1972, 42 U.S.C. 4901-4918
<bullet> FHWA noise regulations in 23 CFR part 772

Fisheries and Wildlife

<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> 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 Protection Act, 16 U.S.C. 668-668d
<bullet> 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

<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
<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

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
<bullet> Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
<bullet> Coastal Zone Management Act, 16 U.S.C. 1451-1466
<bullet> Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
<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> Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
<bullet> Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
<bullet> Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14)
<bullet> Flood Disaster Protection Act, 42 U.S.C. 4001-4130
<bullet> FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777

Parklands and Other Special Uses

<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
<bullet> Land and Water Conservation Fund Act, 54 U.S.C. 200302-200310

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

    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 
<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 GDOT's website at <a href="http://www.dot.ga.gov/GDOT/Pages/NEPAAssignment.aspx">www.dot.ga.gov/GDOT/Pages/NEPAAssignment.aspx</a>.
    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.)


[[Page 62808]]


    Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117.

Sean McMaster,
Administrator, Federal Highway Administration.
[FR Doc. 2026-20209 Filed 10-1-26; 8:45 am]
BILLING CODE 4910-22-P


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