Application From the State of Georgia to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State

Issuing agencies

Abstract

This notice announces that FHWA received and reviewed an application from the Georgia Department of Transportation (GDOT) 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. FHWA has determined the application to be complete and developed a draft MOU with GDOT outlining how the State would implement the Program with FHWA oversight. FHWA invites the public to comment on GDOT's request, including its application and the proposed 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 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Notices]
[Pages 62808-62809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20210]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2026-0959]


Application From the State of Georgia 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 MOU and request for comments.

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SUMMARY: This notice announces that FHWA received and reviewed an 
application from the Georgia Department of Transportation (GDOT) 
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. FHWA has determined the application to be 
complete and developed a draft MOU with GDOT outlining how the State 
would implement the Program with FHWA oversight. FHWA invites the 
public to comment on GDOT's request, including its application and the 
proposed MOU, which includes the proposed assignments and assumptions 
of environmental review, consultation, and other activities.

DATES: Please submit comments by November 2, 2026.

ADDRESSES: To ensure 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#da89bbb8a8b3b4bbf49ebbacb3be9abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="491a282b3b202728670d283f202d092d263d672e263f">[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#b3d2c3dbdadfdfdac3c0f3d7dcc79dd4d29dd4dcc5"><span class="__cf_email__" data-cfemail="ee8f9e86878282879e9dae8a819ac0898fc0898198">[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 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

<bullet> 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

<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

[[Page 62809]]

<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 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 
<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 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.

Sean McMaster,
Administrator, Federal Highway Administration.
[FR Doc. 2026-20210 Filed 10-1-26; 8:45 am]
BILLING CODE 4910-22-P


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