Joint Application Package From the State of Utah 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 FRA and FTA (Agencies) have received and reviewed an application package from the State of Utah (State), Utah Department of Transportation (UDOT), requesting participation in the Surface Transportation Project Delivery Program (Program). Under the Program, the Agencies may assign, and a State may assume, responsibilities under the National Environmental Policy Act (NEPA), and all or part of the Agencies' responsibilities for environmental review, consultation, or other actions required under any Federal environmental laws except certain statutory exclusions with respect to one or more railroad projects and one or more public transportation projects within the State. The Agencies have determined the application package to be complete and developed a draft Memorandum of Understanding (MOU) with the State outlining how UDOT will implement the Program with the Agencies' oversight. The public is invited to comment on UDOT's request, including its application package 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 201 (Tuesday, October 20, 2026)</title>
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[Federal Register Volume 91, Number 201 (Tuesday, October 20, 2026)]
[Notices]
[Pages 66389-66391]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21397]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Federal Transit Administration

[Docket No. FRA-2026-2740]


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

AGENCY: Federal Railroad Administration (FRA), Federal Transit 
Administration (FTA), U.S. Department of Transportation (DOT).

ACTION: Notice, request for comments.

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SUMMARY: This notice announces that FRA and FTA (Agencies) have 
received and reviewed an application package from the State of Utah 
(State), Utah Department of Transportation (UDOT), requesting 
participation in the Surface Transportation Project Delivery Program 
(Program). Under the Program, the Agencies may assign, and a State may 
assume, responsibilities under the National Environmental Policy Act 
(NEPA), and all or part of the Agencies' responsibilities for 
environmental review, consultation, or other actions required under any 
Federal environmental laws except certain statutory exclusions with 
respect to one or more railroad projects and one or more public 
transportation projects within the State. The Agencies have determined 
the application package to be complete and developed a draft Memorandum 
of Understanding (MOU) with the State outlining how UDOT will implement 
the Program with the Agencies' oversight. The public is invited to 
comment on UDOT's request, including its application package and the 
proposed MOU, which includes the proposed assignments and assumptions 
of environmental review, consultation, and other activities.

DATES: Comments must be received on or before November 19, 2026.

ADDRESSES: Comments related to Docket No. FRA-2026-2740 may be 
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the 
online instructions for submitting comments.
    Instructions: All submissions must refer to the Federal Railroad 
Administration, the Federal Transit Administration, and the docket 
number in this notice (FRA-2026-2740). Note that all submissions 
received, including any personal information provided, will be posted 
without change and will be

[[Page 66390]]

available to the public on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may review 
DOT's complete Privacy Act Statement in the Federal Register published 
April 11, 2000 (65 FR 19477), or at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.

FOR FURTHER INFORMATION CONTACT: 
    For FRA: Ms. Geri Robinson, Senior Environmental Protection 
Specialist, Office of Environmental Program Management, Federal 
Railroad Administration, telephone: (202) 951-0710; email: 
<a href="/cdn-cgi/l/email-protection#a6e1c3d4cf88f4c9c4cfc8d5c9c8e6c2c9d288c1c9d0"><span class="__cf_email__" data-cfemail="ce89abbca7e09ca1aca7a0bda1a08eaaa1bae0a9a1b8">[email&#160;protected]</span></a>.
    For FTA: Mr. Jay Ciavarella, Division Chief, Office of Planning and 
Environment, telephone: (312) 353-1653, email; 
<a href="/cdn-cgi/l/email-protection#7d371c0e1213533e141c0b1c0f1811111c3d191209531a120b"><span class="__cf_email__" data-cfemail="7e341f0d1110503d171f081f0c1b12121f3e1a110a50191108">[email&#160;protected]</span></a>.
    For UDOT: Ms. Carissa Watanabe, Environmental Program Manager, Utah 
Department of Transportation, telephone: (503) 939-2798; email: 
<a href="/cdn-cgi/l/email-protection#583b2f392c3936393a3d182d2c3930763f372e"><span class="__cf_email__" data-cfemail="6b081c0a1f0a050a090e2b1e1f0a03450c041d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Section 327 of Title 23, United States Code (23 U.S.C. 327) 
establishes the Surface Transportation Project Delivery Program, also 
referred to as the NEPA Assignment Program (Program). It allows the 
Secretary of the U.S. Department of Transportation (Secretary) to 
assign, and a State to assume, responsibility for all or part of the 
Secretary's responsibilities for environmental review, consultation, or 
other actions required under the National Environmental Policy Act 
(NEPA) (42 U.S.C. 4321-4370h) and any Federal environmental law with 
respect to one or more highway projects within the State, as well as 
one or more railroad, public transportation, and/or multimodal 
projects. FRA is authorized to act on behalf of the Secretary with 
respect to these matters for railroad projects and FTA is authorized to 
act on behalf of the Secretary with respect to these matters for public 
transportation projects.
    The State of Utah initially participated in the Federal Highway 
Administration's (FHWA's) Program. In accordance with 23 U.S.C. 327, 
the NEPA Assignment Memorandum of Understanding (MOU) was executed 
between the State, acting through UDOT, and FHWA and became effective 
on January 17, 2017. After the initial MOU term, the agreement was 
renewed on May 26, 2022. Since being accepted into the FHWA NEPA 
Assignment Program, the State has successfully completed four audits, 
seven self-assessments, and one monitoring event. FHWA has consistently 
publicly stated that the State continues to meet all requirements of 
the NEPA Assignment Program. The State will have participated in the 
Program for 10 years on December 17, 2027.
    Pursuant to 23 CFR 773.107(b)(1) and (2), UDOT provided public 
notice of its draft joint application requesting FRA and FTA NEPA 
assignment responsibilities on July 29, 2026. It was available for a 
30-day comment period, with comments due by the close of business on 
August 28, 2026. The notice was published in a statewide newspaper and 
is available at: <a href="https://connect.udot.utah.gov/events/notice-of-availability-of-the-utah-department-of-transportations-application-to-assume-the-federal-railroad-administrations-and-federal-transit-administrations-nepa-responsi/">https://connect.udot.utah.gov/events/notice-of-availability-of-the-utah-department-of-transportations-application-to-assume-the-federal-railroad-administrations-and-federal-transit-administrations-nepa-responsi/</a>. UDOT also sent notice of the joint 
application by email and letter with request for comment to all transit 
agencies in Utah, metropolitan planning organizations, regional 
planning organizations, associations of governments, regulatory 
agencies, and Native American Tribes. UDOT notified State agencies 
through the State of Utah's Resource Development Coordination Council, 
which is responsible for notifying all State agencies and compiling any 
comments received related to actions that may affect the physical 
resources of the State. On September 3, 2026, UDOT formally submitted 
its joint application package to the Agencies. The submission includes 
a verification of Statewide notice and solicitation of public comment, 
Utah's determination that the State of Utah's Public Records Act is 
comparable to the Federal Freedom of Information Act, the draft MOU, 
and the UDOT Commissioner's signature approving the application.
    Under the proposed MOU, the Agencies would assign to the State the 
responsibility for making decisions on railroad and public 
transportation projects as described in UDOT's application and in Part 
2 of the draft MOU. As provided in subpart 2.3, UDOT is requesting to 
assume the Agencies' responsibilities under NEPA for the following 
covered classes of railroad and public transportation projects upon 
execution of the Program MOU with the Agencies: all railroad projects 
in Utah whose source of Federal funding comes from FRA or require FRA 
approvals; all public transportation projects in Utah whose source of 
Federal funding comes from FTA or requires FTA approvals; and all 
projects funded by other Federal agencies, or projects without any 
Federal funding, that also require FRA or FTA approvals. As provided in 
subparts 2.1.1 and 2.1.2, UDOT is requesting to assume the Agencies' 
responsibilities under NEPA for these covered railroad and public 
transportation projects where UDOT is the Direct Recipient and 
responsible for the design (for FTA) or final design (for FRA) and 
construction of the project, or where UDOT is designated in a project-
specific agreement as the project sponsor or co-sponsor. For these 
projects, UDOT requests to assume only the Agencies' NEPA 
responsibilities; the request does not include assuming the NEPA 
responsibilities of other Federal agencies. UDOT may assume the 
Agencies' responsibilities under NEPA for locally administered railroad 
or public transportation projects by mutual agreement between the State 
and FRA or FTA, as applicable, pursuant to the requirements of 23 
U.S.C. 327(l). In addition, UDOT would establish appropriate 
relationships with other Operating Administration(s) involved in a 
multimodal project, including cooperating agency, participating agency, 
and lead or co-lead agency relationships under NEPA. Lastly, UDOT may 
rely on other Federal agencies' NEPA analyses consistent with NEPA, 
USDOT, FRA and FTA regulations, policies, and guidance, as applicable. 
UDOT's assumption of these NEPA Assignment responsibilities will 
provide for the highest degree of program-wide consistency and 
efficiency in document review and agency coordination. It will also 
provide the greatest opportunity for streamlining benefits.
    Excluded from assignment are the following:
    (1) Railroad or public transportation projects that cross State 
boundaries or that cross or are adjacent to international boundaries. 
For purposes of the State's application and the proposed MOU, a project 
is considered ``adjacent to international boundaries'' if it requires 
the issuance of a new, or modification of an existing, Presidential 
Permit.
    (2) As provided at 23 U.S.C. 327(a)(2)(D), any railroad or public 
transportation project that is not assumed by the State as identified 
in the State's application and under subparts 2.3 through 2.6 of the 
proposed MOU, remains the responsibility of FRA or FTA.
    Under the proposed MOU, UDOT would also assume the responsibility 
to conduct the following environmental review, reevaluation, 
consultation, or other action pertaining to the review or approval of 
railroad and public transportation projects specified under MOU subpart 
2.3 and required under the following Federal environmental laws and 
executive orders related to

[[Page 66391]]

railroad and public transportation projects:

Environmental Review Process

Efficient environmental reviews for project decisionmaking and One 
Federal Decision, 23 U.S.C. 139
Planning and Environmental Linkages, 23 U.S.C. 168, except for FHWA and 
FTA responsibilities associated with 23 U.S.C. 134 and 135 and 49 
U.S.C. 5303 and 5304
Programmatic Mitigation Plans, 23 U.S.C. 169, except for FHWA and FTA 
responsibilities associated with 23 U.S.C. 134 and 135 and 49 U.S.C. 
5303 and 5304
Efficient environmental reviews, 49 U.S.C. 24201
General provisions, 49 U.S.C. 5323
Environmental Impact and Related Procedures, 23 CFR part 771

Air Quality

Clean Air Act (CAA), 42 U.S.C. 7401-7671q, with the exception of any 
general conformity determinations

Noise

Noise Control Act of 1972, 42 U.S.C. 4901-4918

Wildlife

Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531-1544
Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d
Migratory Bird Treaty Act, 16 U.S.C. 703-712

Hazardous Materials Management

Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. 9601-9675
Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 9671-
9675
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k

Historic and Cultural Resources

National Historic Preservation Act of 1966 (NHPA), as amended, 54 
U.S.C. 300101-307108, et seq., and implementing regulations at 23 CFR 
part 800, except to the extent 23 CFR 773.105(b)(4) requires FRA or FTA 
to retain responsibility for government-to-government consultation with 
Indian tribes
Archaeological Resources Protection Act of 1979 (ARPA), as amended, 16 
U.S.C. 470aa-470mm
Preservation of Historical and Archeological Data, 54 U.S.C. 312501-
312508
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3001-3013; 18 U.S.C. 1170

Social and Economic Impacts

American Indian Religious Freedom Act, 42 U.S.C. 1996
Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209

Water Resources and Wetlands

Clean Water Act, 33 U.S.C. 1251-1387 (Sections 319, 401, 402, 404, and 
408)
Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
Flood Disaster Protection Act, 42 U.S.C. 4001-4133
General Bridge Act of 1946, 33 U.S.C. 525-533
Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26
Wetlands Mitigation, 23 U.S.C. 119(g) and 133(b)(3)
Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287

Parklands and Other Special Land Uses

Section 4(f), 49 U.S.C. 303 and implementing regulations at 23 CFR part 
774
Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-200310

    The proposed MOU would allow UDOT to act in the place of FRA and 
FTA in carrying out the environmental review-related functions 
described above, except with respect to Government-to-Government 
consultations with federally recognized Indian Tribes. UDOT would 
continue to handle routine consultations with the Tribes and 
understands that a Tribe has the right to direct consultation with FRA 
or FTA upon request. UDOT may assist FRA or FTA with Government-to-
Government consultations, with consent of a Tribe, but FRA and FTA 
remain responsible for the consultation.
    In addition, UDOT would not assume FRA's or FTA's responsibilities 
for conformity determinations required under 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.
    FRA and FTA will consider the comments submitted on UDOT's joint 
application and the proposed MOU. A copy of the joint application 
package and proposed MOU may be viewed on the docket (FRA-2026-2740) at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. A copy also may be viewed on UDOT's 
website at: <a href="https://connect.udot.utah.gov/about-us/program-development-group/environmental-division/">https://connect.udot.utah.gov/about-us/program-development-group/environmental-division/</a>. Any final MOU approved by FRA and FTA 
may include changes based on comments and consultations relating to the 
proposed MOU and will be made publicly available.

(Authority: 23 U.S.C. 139; 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 
CFR part 771; 23 CFR part 773; 49 CFR 1.89; 49 CFR 1.91; 49 CFR part 
264; and 49 CFR part 622.)

Marlys Ann Osterhues,
Director, Office of Environmental Program Management, Office of 
Railroad Administration, Federal Railroad Administration.
Megan Blum,
Deputy Associate Administrator, Office of Planning and Environment, 
Federal Transit Administration.
[FR Doc. 2026-21397 Filed 10-19-26; 8:45 am]
BILLING CODE 4910-06-P


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