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Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT).
Notice of proposed Second Renewal MOU and request for comments.
This notice announces that FHWA received and reviewed a renewal package from the Ohio Department of Transportation (ODOT) 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. The FHWA has determined the renewal package to be ( printed page 10854) complete and developed a draft Second Renewal MOU with ODOT outlining how the State would implement the Program with FHWA oversight. The FHWA invites the public to comment on ODOT's request, including its renewal package and the proposed Second Renewal MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.
Please submit comments by April 6, 2026.
To ensure that you do not duplicate your docket 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: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor Room W12-140, Washington, DC 20590-0001.
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 www.regulations.gov, including any personal information provided.
For FHWA: David Snyder by email at David.Snyder@dot.gov or by telephone at 614-280-6896. The FHWA Ohio Division Office's normal business hours are 8 a.m. to 4:30 p.m. (Eastern Time), Monday-Friday, except for Federal holidays.
For the State of Ohio: Tim Hill by email at Tim.Hill@dot.ohio.gov or by telephone at 614-644-0377. State business hours are the same as above although State holidays may not completely coincide with Federal holidays.
You may submit or retrieve comments online through the Federal eRulemaking portal at: www.regulations.gov. 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: www.federalregister.gov and the U.S. Government Publishing Office's web page at: www.govinfo.gov.
Section 327 of title 23, United States Code (U.S.C.), allows the Secretary of the DOT to assign, and a State to assume, the responsibilities under 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. The FHWA is authorized to act on behalf of the Secretary with respect to these matters.
The ODOT entered the Program on December 28, 2015 after submitting its application to FHWA, obtaining FHWA's approval, and entering into a MOU in accordance with 23 U.S.C. 327 and FHWA's application regulations for the Program (23 CFR part 773). The MOU was amended on June 6, 2018. On December 6, 2019, after coordination with FHWA, ODOT submitted the renewal package in accordance with the renewal regulations in 23 CFR 773.115. The First Renewal MOU was executed on December 14, 2020 and currently set to expire on December 28, 2025. On November 5, 2025, FHWA extended the First Renewal MOU to June 28, 2026.
Under the proposed renewal MOU, FHWA would assign to the State, through ODOT, its responsibility of making project-level decisions in relation to NEPA on highway projects within the State of Ohio that are proposed to be funded with Title 23 funds or otherwise require FHWA approval, and that require preparation of a categorical exclusion determination, environmental assessment, or environmental impact statement with the exception of the following: (1) highway projects authorized under 23 U.S.C. 202 and 203, highway projects under 23 U.S.C. 204 unless the project will be designed and constructed by ODOT; (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; and (5) any project advanced by a Non-ODOT Direct Recipient of Federal-Aid Highway Funds, i.e. a project in which the Federal funds do not pass through ODOT and there is no Local Public Agency Federal project agreement between ODOT and the Non-ODOT entity.
The assignment would give the State the responsibility to conduct environmental review, consultation, and other related activities for project delivery under the following laws and requirements:
National Historic Preservation Act of 1966, as amended,54 U.S.C. 300101, et seq.
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 ( printed page 10855)
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 ODOT under the proposed MOU. The FHWA will retain responsibility for conducting formal government-to-government consultation with federally recognized Indian Tribes. ODOT 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 ODOT'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.
On the cover page of all environmental analyses prepared under the authority granted by this MOU, ODOT 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 ODOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated [MMDDYYYY] and executed by FHWA and ODOT.
ODOT will also disclose to the public, agencies and Tribes as part of agency outreach and public involvement procedures, the above disclosure.
ODOT will not make any determination that an action constitutes a constructive use of a Section 4(f) property under 49 U.S.C. 303/23 U.S.C. 138 without first consulting with FHWA and obtaining approval of such determination.
A copy of the proposed Second Renewal MOU and renewal package may be viewed on the docket at www.regulations.gov, 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 ODOT's website at https://www.transportation.ohio.gov/programs/nepa-odot/nepa-assignment-documentation.
The FHWA Ohio Division, in consultation with FHWA Headquarters, will consider the comments submitted when making its decision on the proposed MOU. FHWA and ODOT may revise the MOU based on substantive comments and will be make the final renewal MOU available to the public.
(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing E.O. 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. 2026-04354 Filed 3-4-26; 8:45 am]
BILLING CODE 4910-22-P
2 comments have been received at Regulations.gov.
Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Submitted comments may not be available to be read until the agency has approved them.