Proposed Fourth Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 30785-30787 [2020-10780]

Download as PDF Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices to reopen must be filed by June 9, 2020, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to MNNR’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available at www.stb.gov. Decided: May 14, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. Charter Renewal of the Regional Resource Stewardship Council Tennessee Valley Authority (TVA). Renewal of Federal Advisory Committee. ACTION: Pursuant to the Federal Advisory Committee Act (FACA), the TVA Board of Directors has renewed the Regional Energy Resource Council (RRSC) charter for an additional twoyear period beginning on April 28, 2020. FOR FURTHER INFORMATION CONTACT: Cathy Coffey, 865–632–4494, ccoffey@ tva.gov. SUMMARY: Pursuant to FACA and its implementing regulations, and following consultation with the Committee Management Secretariat, General Services Administration (GSA) in accordance with 41 CFR 102–3.60(a), notice is hereby given that the RRSC has been renewed for a two-year period beginning April 28, 2020. The RRSC will provide advice to TVA on its issues affecting natural resource stewardship activities. The RRSC was originally established in 2000 to advise TVA on its natural resource activities and the priority to be placed among competing objectives and values. It has been determined that the RRSC continues to be needed to provide an additional mechanism for public input regarding natural resource stewardship issues. SUPPLEMENTARY INFORMATION: Because there will be an environmental review during abandonment, this discontinuance does not require an environmental review. Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2020–20] Petition for Exemption; Summary of Petition Received; Embry Riddle Aeronautical University This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number and must be received on or before June 9, 2020. ADDRESSES: Send comments identified by docket number FAA–2020–0191 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records SUMMARY: TENNESSEE VALLEY AUTHORITY 17:51 May 19, 2020 BILLING CODE 8120–08–P Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. BILLING CODE 4915–01–P VerDate Sep<11>2014 [FR Doc. 2020–10858 Filed 5–19–20; 8:45 am] AGENCY: [FR Doc. 2020–10803 Filed 5–19–20; 8:45 am] AGENCY: Dated: April 27, 2020. Joseph J. Hoagland, Vice President, Tennessee Valley Authority. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 30785 notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Linda Lane (202) 267–7280, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on May 15, 2020. Brandon Roberts, Acting Executive Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2020–0191. Petitioner: Embry-Riddle Aeronautical University (ERAU). Section(s) of 14 CFR Affected: Appendix C, paragraph 4(c)(1) to Part 141 and/or § 61.65(d)(2)(ii)(C). Description of Relief Sought: The petitioner seeks relief from the Instrument rating flight training requirements of Appendix C, paragraph 4(c)(1) to Part 141 and/or § 61.65(d)(2)(ii)(C), which requires an applicant to complete three different kinds of approaches with the use of navigation systems on a 250 nautical mile cross country flight. [FR Doc. 2020–10882 Filed 5–19–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2020–0011] Proposed Fourth Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs) Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed MOU and request for comments. AGENCY: E:\FR\FM\20MYN1.SGM 20MYN1 30786 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices The FHWA and the State of Utah, acting by and through its Department of Transportation (State), propose a renewal of the State’s participation in the State Assumption of Responsibility for Categorical Exclusions. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act. An amended MOU would renew the State’s participation in the program. The MOU will be amended by incorporating the following changes: Clarifying that this assignment applies to highway projects; and including provisions for UDOT’s use of the Federal Transit Administration (FTA) and the Federal Transit Administration’s (FRA) CEs for highway projects. In order to use FTA or FRA’s CEs, UDOT will consult with FTA or FRA, as appropriate, and report to FHWA at the end of the calendar year the instances where it applied a CE using this provision. DATES: Comments must be received on or before June 19, 2020. ADDRESSES: You may submit comments, identified by DOT Document Management System (DMS) Docket Number [FHWA–2020–0011], by any of the methods described below. Electronic comments are preferred because Federal offices experience intermittent mail delays from security screening. • Website: http:// www.regulations.gov/. Follow the instructions for submitting comments on the DOT electronic docket site. • Facsimile (Fax): 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590. • Hand Delivery: 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. For access to the docket to view a complete copy of the proposed MOU, or to read background documents or comments received, go to http:// www.regulations.gov/ at any time or to 1200 New Jersey Ave. SE, Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except for Federal holidays. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. SUMMARY: VerDate Sep<11>2014 17:51 May 19, 2020 Jkt 250001 FOR FURTHER INFORMATION CONTACT: FHWA: Mr. Edward Woolford, Environmental Program Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at edward.woolford@dot.gov or by telephone at 801–955–3524. The FHWA Utah Division Office’s normal business hours are 7 a.m. to 4:30 p.m. (Mountain), Monday–Friday, except for Federal holidays. Mr. Jay Payne, Office of the Chief Counsel, (202) 366–4241, James.o.Payne@dot.gov, Federal Highway Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. For the State: Mr. Brandon Weston, Environmental Services Director, Utah Department of Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by email at brandonweston@utah.gov or by telephone at 801–965–4603. The Utah Department of Transportation’s normal business hours are 8 a.m. to 5 p.m. (Mountain), Monday–Friday, except for State and Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access Internet users may reach the Office of the Federal Register’s home page at: http://www.archives.gov/ and the Government Printing Office’s database: http://www.fdsys.gov/. An electronic version of the proposed MOU may be downloaded by accessing the DOT DMS docket, as described above, at http:// www.regulations.gov. Background Section 326 of title 23, U.S. Code, creates a program that allows the Secretary of the DOT (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 these actions. The FHWA is authorized to act on behalf of the Secretary with respect to these matters. Through an amended MOU, FHWA would renew Utah’s participation in this program for a fourth time. The original MOU became effective on July 1, 2008, for an initial term of three (3) years and the first renewal followed on July 1, 2011, the second renewal followed on June 30, 2014, and the third PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 renewal followed on June 23, 2017. The proposed fourth MOU revision is set to supersede the third renewed MOU prior to its expiration date on June 23, 2020. Stipulation I(B) of the MOU describes the types of actions for which the State would assume project-level responsibility for determining whether the criteria for a CE are met. Statewide decision-making responsibility would be assigned for all activities within the categories listed in 23 CFR 771.117(c), those listed as examples in 23 CFR 771.117(d), and for activities that are highway projects within the categories listed in 23 CFR 771.116 and 23 CFR 771.118. 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: 1. Clean Air Act (CAA), 42 U.S.C. 7401–7671q (determinations of projectlevel conformity if required for the project). 2. Noise Control Act of 1972, 42 U.S.C. 4901–4918. 3. Compliance with the noise regulations in 23 CFR part 772. 4. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531– 1544, and Section 1536. 5. Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d. 6. Migratory Bird Treaty Act, 16 U.S.C. 703–712. 7. Section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. 300101, et seq. 8. Section 4(f) Requirements, 23 U.S.C. 138 and 49 U.S.C. 303; 23 CFR part 774. 9. Title 54, Chapter 3125— Preservation of Historical and Archeological Data, 54 U.S.C. 312501– 312508. 10. Native American Grave Protection and Repatriation Act, 25 U.S.C. 3001– 3013; 18 U.S.C. 1170. 11. American Indian Religious Freedom Act, 42 U.S.C. 1996. 12. Farmland Protection Policy Act, 7 U.S.C. 4201–4209. 13. Clean Water Act, 33 U.S.C. 1251– 1377 (Section 401, 404, and Section 319). 14. Coastal Barrier Resources Act, 16 U.S.C. 3501–3510. 15. Coastal Zone Management Act, 16 U.S.C. 1451–1465. 16. Safe Drinking Water Act, 42 U.S.C. 300f–300j–6. 17. Rivers and Harbors Act of 1899, 33 U.S.C. 403. 18. Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287. E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices 19. Emergency Wetlands Resources Act, 16 U.S.C. 3921–3931. 20. TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11). 21. Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 22. Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14). 23. FHWA wetland and natural habitat mitigation regulations, 23 CFR 777. 24. Land and Water Conservation Fund Act, 54 U.S.C. 200301 et seq. (known as Section 6(f)). 25. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675. 26. Superfund Amendments and Reauthorization Act of 1986 (SARA). 27. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901– 6992k. 28. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 29. Planning and Environment Linkages, 23 U.S.C. 168, with the exception of those FHWA responsibilities associated with 23 U.S.C. 134 and 135. 30. Programmatic Mitigation Plans, 23 U.S.C. 169, with the exception of those FHWA responsibilities associated with 23 U.S.C. 134 and 135. 31. E.O. 11990, Protection of Wetlands; 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); E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 13007, Indian Sacred Sites; E.O. 13175, Consultation and Coordination with Indian Tribal Governments; E.O. 13112, Invasive Species. 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 also may assist the FHWA with formal consultations, with consent of a Tribe, but FHWA remains responsible for the consultation. This assignment includes transfer to the State VerDate Sep<11>2014 17:51 May 19, 2020 Jkt 250001 of Utah the obligation to fulfill the assigned environmental responsibilities on any proposed projects meeting the criteria in Stipulation I(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. This is the proposed fourth renewal of the State’s participation in the program and incorporates changes to clarify that this assignment applies to highway projects, as defined in 23 CFR 773.103; and to include provisions for UDOT’s use of the Federal Transit Administration’s (FTA) and the Federal Transit Administration’s (FRA) CEs (23 CFR 771.116 and 23 CFR 771.118, respectively) for highway projects, as provided for in 23 CFR 771.117(h). In order to use FTA or FRA’s CEs, UDOT will consult with FTA or FRA, as appropriate, and report to FHWA at the end of the calendar year the instances where it applied a CE using this provision. The FHWA will consider the comments submitted on the proposed MOU when making its decision on whether to execute this renewal MOU. The 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) Ivan Marrero, Division Administrator, Salt Lake City, Utah, Federal Highway Administration. [FR Doc. 2020–10780 Filed 5–19–20; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF VETERANS AFFAIRS Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, Notice of Meeting The Department of Veterans Affairs (VA) gives notice under Federal Advisory Committee Act that a meeting of the Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board (JBL/CS SMRB) will be held PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 30787 Wednesday, June 24, 2020, by teleconference. The meeting will begin at 3:00 p.m. and end at 5:00 p.m. EDT. The meeting will have an open session from 3:00 p.m. until 3:30 p.m. EDT and a closed session from 3:30 p.m. until 5:00 p.m. EDT. The purpose of the open session is to meet with the JBL/CS Service Directors to discuss the overall policies and process for scientific review as well as disseminate information among the Board members regarding the VA research priorities. The purpose of the closed session is to provide recommendations on the scientific quality, budget, safety and mission relevance of investigatorinitiated research applications submitted for VA merit review evaluation. Applications submitted for review include various medical specialties within the general areas of biomedical, behavioral and clinical science research. The JBL/CS SMRB meeting will be closed to the public for the review, discussion, and evaluation of initial and renewal research applications, which involve reference to staff and consultant critiques of research applications. Discussions will deal with scientific merit of each application and qualifications of personnel conducting the studies, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Additionally, premature disclosure of research information could significantly obstruct implementation of proposed agency action regarding the research applications. As provided by subsection 10(d) of Public Law 92–463, as amended by Public Law 94–409, closing the subcommittee meetings is in accordance with Title 5 U.S.C. 552b(c)(6) and (9)(B). Members of the public who wish to attend the open JBL/CS SMRB teleconference should call 1–800–767– 1750 using the passcode 50064#. Those who would like to obtain a copy of the minutes from the closed subcommittee meetings and rosters of the subcommittee members should contact Holly Krull, Ph.D., Designated Federal Officer, (10X2B), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, at (202) 632–8522 or email at holly.krull@va.gov. Dated: May 15, 2020. LaTonya L. Small, Federal Advisory Committee Management Officer. [FR Doc. 2020–10873 Filed 5–19–20; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30785-30787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10780]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2020-0011]


Proposed Fourth Renewed Memorandum of Understanding (MOU) 
Assigning Certain Federal Environmental Responsibilities to the State 
of Utah, 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.

-----------------------------------------------------------------------

[[Page 30786]]

SUMMARY: The FHWA and the State of Utah, acting by and through its 
Department of Transportation (State), propose a renewal of the State's 
participation in the State Assumption of Responsibility for Categorical 
Exclusions. This program allows FHWA to assign to States its authority 
and responsibility for determining whether certain designated 
activities within the geographic boundaries of the State, as specified 
in the proposed Memorandum of Understanding (MOU), are categorically 
excluded from preparation of an environmental assessment or an 
environmental impact statement under the National Environmental Policy 
Act. An amended MOU would renew the State's participation in the 
program. The MOU will be amended by incorporating the following 
changes: Clarifying that this assignment applies to highway projects; 
and including provisions for UDOT's use of the Federal Transit 
Administration (FTA) and the Federal Transit Administration's (FRA) CEs 
for highway projects. In order to use FTA or FRA's CEs, UDOT will 
consult with FTA or FRA, as appropriate, and report to FHWA at the end 
of the calendar year the instances where it applied a CE using this 
provision.

DATES: Comments must be received on or before June 19, 2020.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number [FHWA-2020-0011], by any of the 
methods described below. Electronic comments are preferred because 
Federal offices experience intermittent mail delays from security 
screening.
     Website: http://www.regulations.gov/. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Facsimile (Fax): 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590.
     Hand Delivery: 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.
    For access to the docket to view a complete copy of the proposed 
MOU, or to read background documents or comments received, go to http://www.regulations.gov/ at any time or to 1200 New Jersey Ave. SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through 
Friday, except for Federal holidays. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: FHWA: Mr. Edward Woolford, 
Environmental Program Manager, Federal Highway Administration, 2520 
West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at 
[email protected] or by telephone at 801-955-3524. The FHWA Utah 
Division Office's normal business hours are 7 a.m. to 4:30 p.m. 
(Mountain), Monday-Friday, except for Federal holidays. Mr. Jay Payne, 
Office of the Chief Counsel, (202) 366-4241, [email protected], 
Federal Highway Administration, U.S. Department of Transportation, 1200 
New Jersey Avenue SE, Washington, DC 20590. For the State: Mr. Brandon 
Weston, Environmental Services Director, Utah Department of 
Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by 
email at [email protected] or by telephone at 801-965-4603. The 
Utah Department of Transportation's normal business hours are 8 a.m. to 
5 p.m. (Mountain), Monday-Friday, except for State and Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    Internet users may reach the Office of the Federal Register's home 
page at: http://www.archives.gov/ and the Government Printing Office's 
database: http://www.fdsys.gov/. An electronic version of the proposed 
MOU may be downloaded by accessing the DOT DMS docket, as described 
above, at http://www.regulations.gov.

Background

    Section 326 of title 23, U.S. Code, creates a program that allows 
the Secretary of the DOT (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 
these actions. The FHWA is authorized to act on behalf of the Secretary 
with respect to these matters.
    Through an amended MOU, FHWA would renew Utah's participation in 
this program for a fourth time. The original MOU became effective on 
July 1, 2008, for an initial term of three (3) years and the first 
renewal followed on July 1, 2011, the second renewal followed on June 
30, 2014, and the third renewal followed on June 23, 2017. The proposed 
fourth MOU revision is set to supersede the third renewed MOU prior to 
its expiration date on June 23, 2020. Stipulation I(B) of the MOU 
describes the types of actions for which the State would assume 
project-level responsibility for determining whether the criteria for a 
CE are met. Statewide decision-making responsibility would be assigned 
for all activities within the categories listed in 23 CFR 771.117(c), 
those listed as examples in 23 CFR 771.117(d), and for activities that 
are highway projects within the categories listed in 23 CFR 771.116 and 
23 CFR 771.118. 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:
    1. Clean Air Act (CAA), 42 U.S.C. 7401-7671q (determinations of 
project-level conformity if required for the project).
    2. Noise Control Act of 1972, 42 U.S.C. 4901-4918.
    3. Compliance with the noise regulations in 23 CFR part 772.
    4. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536.
    5. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
    6. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    7. Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 300101, et seq.
    8. Section 4(f) Requirements, 23 U.S.C. 138 and 49 U.S.C. 303; 23 
CFR part 774.
    9. Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508.
    10. Native American Grave Protection and Repatriation Act, 25 
U.S.C. 3001-3013; 18 U.S.C. 1170.
    11. American Indian Religious Freedom Act, 42 U.S.C. 1996.
    12. Farmland Protection Policy Act, 7 U.S.C. 4201-4209.
    13. Clean Water Act, 33 U.S.C. 1251-1377 (Section 401, 404, and 
Section 319).
    14. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
    15. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
    16. Safe Drinking Water Act, 42 U.S.C. 300f-300j-6.
    17. Rivers and Harbors Act of 1899, 33 U.S.C. 403.
    18. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.

[[Page 30787]]

    19. Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931.
    20. TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11).
    21. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    22. Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14).
    23. FHWA wetland and natural habitat mitigation regulations, 23 CFR 
777.
    24. Land and Water Conservation Fund Act, 54 U.S.C. 200301 et seq. 
(known as Section 6(f)).
    25. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    26. Superfund Amendments and Reauthorization Act of 1986 (SARA).
    27. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
    28. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 
319.
    29. Planning and Environment Linkages, 23 U.S.C. 168, with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.
    30. Programmatic Mitigation Plans, 23 U.S.C. 169, with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.
    31. E.O. 11990, Protection of Wetlands; 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); E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 13007, Indian Sacred Sites; E.O. 13175, Consultation 
and Coordination with Indian Tribal Governments; E.O. 13112, Invasive 
Species.
    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 also may assist the FHWA with formal consultations, 
with consent of a Tribe, but FHWA remains responsible for the 
consultation. This assignment includes transfer to the State of Utah 
the obligation to fulfill the assigned environmental responsibilities 
on any proposed projects meeting the criteria in Stipulation I(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.
    This is the proposed fourth renewal of the State's participation in 
the program and incorporates changes to clarify that this assignment 
applies to highway projects, as defined in 23 CFR 773.103; and to 
include provisions for UDOT's use of the Federal Transit 
Administration's (FTA) and the Federal Transit Administration's (FRA) 
CEs (23 CFR 771.116 and 23 CFR 771.118, respectively) for highway 
projects, as provided for in 23 CFR 771.117(h). In order to use FTA or 
FRA's CEs, UDOT will consult with FTA or FRA, as appropriate, and 
report to FHWA at the end of the calendar year the instances where it 
applied a CE using this provision.
    The FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this renewal MOU. The 
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)

Ivan Marrero,
Division Administrator, Salt Lake City, Utah, Federal Highway 
Administration.
[FR Doc. 2020-10780 Filed 5-19-20; 8:45 am]
 BILLING CODE 4910-22-P