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AMENDMENT TO AN MOU TEMPLATE CODE

The example activities listed in 23 CFR 771.117(d) and.

Activities listed in 23 CFR 771.117(c).

This assignment pertains only to the designated activities described in this Stipulation I(B).

This assignment does not apply to responsibilities carried out by other modal administrations of the US Department of Transportation (DOT) or the Office of the Secretary. This assignment applies only to projects for which the _ is the direct recipient of Federal-aid highway program funding or is the project sponsor or cosponsor for a project requiring approval by FHWA - Division Office. §326 and this MOU, the responsibility for determining whether a proposed Federal-aid action is within a category of action that has been designated as a CE by the DOT Secretary, as specified in Stipulation I(B), and meets the definition of a CE as provided in.

For the projects covered by this MOU, FHWA hereby assigns, and the State hereby assumes, subject to the terms and conditions set forth in 23 U.S.C.

CATEGORICAL EXCLUSION RESPONSIBILITIES ASSIGNED TO THE STATE BY FHWA.

Now, therefore, FHWA and the State agree as follows:.

Whereas, the State wishes to assume such Federal agency responsibilities in accordance with this MOU and applicable law.

Whereas, the DOT Secretary, acting by and through FHWA, has determined that specific designated activities are CEs and that it will assign specific responsibilities with respect to CEs to the State in accordance with this MOU and.

Whereas, the State and FHWA have considered the comments received and.Whereas, on _, the State published a notice of the availability of the proposed MOU in the _and provided a 30-day opportunity for comment and.Whereas, on _, FHWA published a notice of the availability of the proposed MOU in the Federal Register and provided a 30-day opportunity for comment and.§326 to preserve the ability of States assuming responsibility to engage in project delivery methods that are otherwise permissible for highway projects, to terminate their participation in the program at any time by providing the DOT Secretary with a notice no later than 90 days before such termination, and to allow States assuming responsibility to use funds apportioned to the State under section 104(b)(2) for reasonable attorney’s fees directly attributable to eligible activities associated with the project and Whereas, Section 1312 of the Moving Ahead for Progress in the 21st Century Act (P.L.112-141) amended 23 U.S.C.

(NEPA), the DOT Secretary also may assign and the State may assume all or part of certain Federal responsibilities for environmental review, consultation, or other related actions required and Whereas, if a State assumes such responsibility for making categorical exclusion (CE) determinations under the National Environmental Policy Act of 1969, 42 U.S.C.

AMENDMENT TO AN MOU TEMPLATE CODE

§326) allows the Secretary of the United States Department of Transportation (DOT Secretary), to assign, and a State to assume, responsibility for determining whether certain designated activities are included within classes of action that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of title 40, Code of Federal Regulations (CFR) (as in effect on October 1, 2003) and Whereas, Section 326 of amended Chapter 3 of title 23, United States Code (23 U.S.C.THIS MEMORANDUM OF UNDERSTANDING (“MOU”), made and entered into this day of 20XX, by and between the FEDERAL HIGHWAY ADMINISTRATION, UNITED STATES DEPARTMENT OF TRANSPORTATION (“FHWA”) and the STATE of, acting by and through its DEPARTMENT OF TRANSPORTATION (“State”), hereby provides as follows: State Assumption of Responsibility for Categorical Exclusions §326 CE Assignment MOU Template State Assumption of Responsibility for Categorical Exclusionsĭepartment of Transportation NEPA Assignment Categorical Exclusion Assignment (23 U.S.C.