Executed Memorandum of Understanding Assigning FHWA's Environmental Review Responsibilities to the State of Arizona Under the Surface Transportation Project Delivery Program

Nicole R. Nason
Federal Highway Administration
6 June 2019

[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26503-26504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11900]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHW-2018-0046]


Executed Memorandum of Understanding Assigning FHWA's 
Environmental Review Responsibilities to the State of Arizona Under the 
Surface Transportation Project Delivery Program

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice announces the execution of the Memorandum of 
Understanding (MOU) and approval of the application from the Arizona 
Department of Transportation (State) requesting participation in the 
Surface Transportation Project Delivery Program (Program). It also 
summarizes and responds to the comments received on the draft MOU.

FOR FURTHER INFORMATION CONTACT: Neel Vanikar, Office of Project 
Development & Environmental Review, Federal Highway Administration, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590, (202) 366-2068, neel.vanikar@dot.gov.
    David Sett, Office of Chief Counsel, Federal Highway 
Administration, U.S. Department of Transportation, 60 Forsyth Street 
8M5, Atlanta, GA 30303, (404) 562-3676, david.sett@dot.gov.
    Anthony Sarhan, Assistant Division Administrator, Federal Highway 
Administration Arizona Division, 4000 N. Central Avenue, Ste. 1500, 
Phoenix, AZ 85012-3500, (602) 379-3646, anthony.sarhan@dot.gov.
    Steven Olmsted, NEPA Assignment Manager, Arizona Department of 
Transportation, Environmental Planning, 1611 West Jackson, Mail Drop 
EM02, Phoenix, AZ 85007, (602) 712-6421, solmsted@azdot.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this notice may be downloaded from the 
Federal Register's home page at http://www.archives.gov and the 
Government Printing Office's database at http://www.access.gpo.gov/nara.

Background

    Section 327 of Title 23, United States Code (23 U.S.C. 327), allows 
the Secretary of the DOT, to assign, and a State to assume, the 
Secretary's National Environmental Policy Act of 1969 (NEPA) 
responsibilities and all or part of the Secretary's responsibilities 
for environmental review, consultation, or other actions required under 
any other Federal environmental law with respect to one or more 
Federal-aid highway projects. The FHWA is authorized to act on behalf 
of the Secretary with respect to these matters.
    The State has submitted application materials requesting to 
participate in this Program. The FHWA has reviewed these application 
materials, which include public and Agency comments on the application, 
and has determined them complete. The FHWA and the State developed a 
draft MOU outlining how the State will implement the Program and how 
FHWA will oversee the State's implementation as required by 23 U.S.C. 
327. The FHWA published a notice in the Federal Register on February 
11, 2019, at 84 FR 3275,

[[Page 26504]]

providing the public an opportunity to comment on the preliminary 
decision to approve the State's application and public and Agency 
comments on the MOU.
    The FHWA received 51 comments in response to the Federal Register 
Notice. Nine comments were in support of the application and the 
State's readiness for this assignment. An additional 42 comments 
expressed concern for the State's ability to assume FHWA's 
responsibilities for a particular project or generally for the Program. 
The comments in opposition mentioned concerns for the State's ability 
to manage the environmental review process for the Interstate 11 (I-11) 
and Sonoran Corridor Tier II Environmental Impact Statements (EIS).
    The FHWA has considered these comments and offers the following 
responses. The FHWA notes that by signing the MOU and the State 
accepting the jurisdiction of the Federal courts in cases that involve 
the compliance, discharge, and enforcement of any responsibility of the 
Secretary assumed by the State pursuant to the MOU, the State has taken 
on both the responsibility and liability for meeting all environmental 
laws under NEPA. Under the Program, the State will make the project-
level decisions in relation to NEPA on highway projects within the 
State; however, other Federal agencies will continue to make decisions 
respective to their own project-level responsibilities. In the State's 
application, the State describes its procedures, manuals, and a Quality 
Assurance/Quality Control plan that will guide the State in fulfilling 
its NEPA responsibilities under the MOU. Furthermore, FHWA will oversee 
the State's compliance with the terms of the MOU through auditing and 
monitoring. The FHWA will make the results of all audits available to 
the public through notices in the Federal Register.
    With the execution of the MOU, the State becomes responsible for 
project-level environmental review decisions for projects, including 
those not excluded from assignment, for which review began prior to 
this date. The FHWA excluded the Tier 1 EIS studies for I-11 and the 
Sonoran Corridor from assignment to the State since they are both 
nearing completion. However, FHWA assigned the responsibilities for the 
Tier-2 EISs for these corridors because the State has the capacity and 
ability to complete the EISs without FHWA's involvement in the process.
    The FHWA Arizona Division, in consultation with FHWA Headquarters, 
has reviewed all the comments received and determined that the State's 
application meets all regulatory requirements. Pursuant to the MOU, 
FHWA assigns and the State assumes FHWA's environmental review 
responsibilities under 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-aid 
highway projects within the State. The executed MOU specifies the 
assignments and assumptions of NEPA responsibilities and scope of 
environmental review, consultation and other activities. This notice in 
the Federal Register makes the executed MOU available to the public.
    A copy of the proposed MOU may be viewed on the online docket, as 
described above, or may be obtained by contacting FHWA or the State at 
the addresses provided above.

(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. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.101-
139; 23 CFR 773.109; 40 CFR 1507.3; and 49 CFR 1.85.

Nicole R. Nason,
Administrator, Federal Highway Administration.
[FR Doc. 2019-11900 Filed 6-5-19; 8:45 am]
 BILLING CODE 4910-22-P