Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Maine, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 66170-66172 [2024-18085]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66170-66172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18085]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0058]


Proposed Memorandum of Understanding (MOU) Assigning Certain 
Federal Environmental Responsibilities to the State of Maine, Including 
National Environmental Policy Act (NEPA) Authority for Certain 
Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed MOU; request for comments.

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SUMMARY: The FHWA and the State of Maine, acting by and through its 
Department of Transportation (State), propose a MOU providing 
participation of the State in the Categorical Exclusion 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 the 
National Environmental Policy Act.

DATES: Comments must be received on or before September 13, 2024.

ADDRESSES: You may submit comments, identified by Docket Number FHWA-
2024-0058, by any of the methods described below. To ensure that you do 
not duplicate your submissions, please submit them by only one of the 
following means:
     Federal eRulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for submitting comments.
     Mail: U.S. Department of Transportation, Docket 
Operations, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590-0001.
     Hand Delivery or Courier: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. 
and 5:00 p.m. ET, except Federal holidays.
    Instructions: You must include the agency name and docket number 
FHWA-2024-0058 at the beginning of your comments. All comments received 
will be posted without change to www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: For FHWA: Gary Scholze; by email at 
[email protected] or by telephone at 207-512-4917. The Maine 
Division

[[Page 66171]]

Office's normal business hours are 8 a.m. to 5 p.m. (eastern standard 
time), Monday through Friday, except Federal holidays. For the State of 
Maine: Kristen Chamberlain; by email at [email protected] 
or by telephone at 207-557-5089. The Maine Department of 
Transportation's business hours are 7:30 a.m. to 4:30 p.m. (eastern 
standard time), Monday through Friday, except State and Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    This document, a complete copy of the proposed MOU, background 
documents, and comments received may be viewed online through the 
Federal eRulemaking portal at www.regulations.gov. The website is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded by accessing the Office of the 
Federal Register's website at www.federalregister.gov and the 
Government Publishing Office's website at www.govinfo.gov. This 
document is also available on the Maine Department of Transportation 
(MDOT) website at https://www.maine.gov/mdot/env/NEPA/assignment/index.shtml.

Background

    Section 326 of title 23, United States Code (U.S.C.), creates 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 (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 
Federal highway projects. The FHWA is authorized to act on behalf of 
the Secretary with respect to these matters.
    The FHWA would execute Maine'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 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 Federal laws and 
Executive Orders:

 Clean Air Act (CAA), 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 Control Act of 1972, 42 U.S.C. 4901-4918
 Compliance with the noise regulations in 23 CFR part 772 
(except approval of the State noise policy in accordance with 23 CFR 
772.7)
 Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 
1531-1544, and 1536
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Bald and Golden Eagle Treaty Act, as amended, 16 U.S.C. 668-
668c
 Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 306108
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470aa-mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170
 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209
 Clean Water Act, 33 U.S.C. 1251-1377, Sections 401, 404, and 
319
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931
 Wetlands Mitigation, 23 U.S.C.103(b)(6)(m), 133(b)(3)
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777
 Flood Disaster Protection Act, 42 U.S.C. 4001-4128
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6
 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774
 Land and Water Conservation Fund (LWCF), Public Law 88-578, 78 
Stat. 897 (known as Section 6(f))
 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act of 1986 (SARA), 
42 U.S.C. 9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k
 Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 
319
 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. 11593, Protection and Enhancement of Cultural Resources
 E.O. 13007, Indian Sacred Sites
 E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments
 E.O. 13122 and E.O. 13751, Invasive Species
 E.O. 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government
 Planning and Environmental Linkages, 23 U.S.C. 168, except for 
those FHWA responsibilities associated with 23 U.S.C. 134 and 135
 Programmatic Mitigation Plans, 23 U.S.C. 169, except for 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. 
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 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 Maine 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 FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this MOU. The

[[Page 66172]]

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.

Todd Jorgensen,
Division Administrator, Federal Highway Administration.
[FR Doc. 2024-18085 Filed 8-13-24; 8:45 am]
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