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Last Updated: Monday, November 28, 2016 3:37 PM

Nepa Assignment

23 USC 327

Draft Renewal of 23 USC 327 NEPA Assignment MOU

The Federal Highway Administration (FHWA) has received from Caltrans a request to renew participation in the Surface Transportation Project Delivery Program (NEPA Assignment), which would allow Caltrans to continue performing federal environmental responsibilities for highway projects under the National Environmental Policy Act (NEPA) and other federal laws. FHWA has determined the renewal package is complete.

With Caltrans, FHWA has developed a draft renewal MOU, outlining how NEPA Assignment will be implemented, with oversight by FHWA. The public is invited to comment on Caltransí request. In order to review the renewal request package and submit comments, please go to the Federal Register:

For further information from Caltrans, please contact: Tammy Massengale at or (916) 653-5157.

For FHWA California Division, please contact: Shawn Oliver at or (916) 498-5048.

This draft renewal MOU was prepared pursuant to 23 CFR 773.115. With enactment of Section 1313 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), 23 USC 327 was amended to establish the permanent NEPA Assignment Program and to require amendment of 23 CFR 773 regarding requests for renewed participation in the Program. For more information on MAP-21, visit the FHWA MAP-21 website or the U.S. DOT MAP-21 website.


23 USC 326

Draft Amendment of 23 USC 326 NEPA Assignment MOU

In August 2005, President Bush signed into law a federal transportation reauthorization bill called the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Section 6004 of the law amended 23 U.S.C 326 to allow the California Department of Transportation (Caltrans) to assume the Federal Highway Administration's (FHWA) responsibilities under the Categorical Exclusion (CE) Assignment Program MOU.

Caltrans is, in essence, the federal agency for those projects where it assumes FHWA’s environmental responsibilities.