NEPA Assignment
NEPA Assignment streamlines the federal environmental review and approval process by eliminating FHWA's project-specific review and approval. In reviewing and approving projects under NEPA, Caltrans is responsible for complying with all applicable federal environmental laws and with FHWA NEPA regulations, policies, and guidance, and is legally responsible and liable for the environmental decisions made on projects under NEPA Assignment. NEPA Assignment does not change federal environmental protection standards. NEPA Assignment has resulted in documents being approved in less time; improved the efficiency in which Caltrans prepares, reviews, and approves environmental documents; improved the quality of documents; and provides for greater accountability through monitoring.
Since 2007, Caltrans has performed federal responsibilities for environmental decisions and approvals under NEPA for highway projects in California that are funded by FHWA. These responsibilities have been assigned to Caltrans by FHWA pursuant to two Memoranda of Understanding (MOU) signed by FHWA. The 23 USC 326 MOU allows Caltrans to approve 326 Categorical Exclusions (CEs); the 23 USC 327 MOU allows Caltrans to approve Environmental Assessments (EA) and Environmental Impact Statements (EIS), and Categorical Exclusions that cannot be approved as 326 CEs.
Please refer to the Standard Environmental Reference (SER) for the most current guidance and policy documents related to NEPA Assignment.
Waiver of Sovereign Immunity
Under NEPA Assignment, California assumes sole responsibility and liability for its NEPA actions and decisions and is subject to federal court jurisdiction. California waived its 11th amendment right to sovereign immunity against actions brought by its citizens in federal court for the narrow purposes of NEPA Assignment. The waiver has been enacted through a series of State legislative bills that added Section 820.1 to the Streets and Highways Code.
Overview
23 USC 327 NEPA Assignment Memorandum of Understanding (PDF) - May 27, 2022
On May 27, 2022, FHWA renewed the Caltrans 23 USC 327 NEPA Assignment MOU (327 MOU) for a term of 10 years. This renewal allows Caltrans to continue performing federal environmental responsibilities for highway projects NEPA and other federal laws. The 327 MOU was posted for comments in the Federal Register on April 19, 2022. The comment period closed on May 19, 2022. A total of 2 comments were submitted on the MOU, which didn’t introduce substantive changes to the MOU.
326 MOU Renewed
23 USC 326 Memorandum of Understanding (PDF) (April 18, 2022)
FHWA renewed the Caltrans 23 USC 326 CE MOU on April 18, 2022 for a five-year term. The 326 MOU was posted for comments in the Federal Register on March 14, 2022. The comment period closed on April 13, 2022. A total of 4 comments were submitted on the MOU, which didn’t introduce substantive changes to the MOU.
Where to Find NEPA Assignment Project Information
Federal Permitting Dashboard
On December 4, 2015, the Fixing America’s Surface Transportation Act (FAST Act) was signed into law. Title 41 of this Act (42 U.S.C. § 4370m et seq.), referred to as “FAST-41,” created a new governance structure, set of procedures, and funding authorities to improve the federal environmental review and authorization process for covered infrastructure projects.
The Federal Permitting Dashboard was created in response to the FAST Act’s objectives which include increased public awareness and availability of transportation project information. The Dashboard is an online tool for federal agencies, project developers, and interested members of the public to track the federal government’s environmental review and authorization processes for large or complex infrastructure projects, part of a government-wide effort to improve coordination, transparency, and accountability.
Caltrans enters data into this tool to track its Environmental Assessments and Environmental Impact Statements for NEPA Assignment projects that have been initiated, since June 1, 2016. This data encompasses planned, in-progress, and completed projects. You can access the latest information on these projects on the Federal Permitting Dashboard DOT Projects website and selecting “CalTrans” from the Agency dropdown list.
Additional project information is available on the Caltrans Districts’ websites, which can be found on the Caltrans Near Me website. Select the District that the project is located in, and then under “District Current Projects” select “Read more…” Both the Federal Permitting Dashboard and the Caltrans District project sites contain point of contact information for projects listed.
Stay Informed
Interested in hearing updates on NEPA Assignment activities? The NEPA Assignment office conducts quarterly partnership teleconferences for its Self Help Counties Coalition partners, and for environmental consultants working on Caltrans transportation projects. Subscribe to the NEPA Assignment mailing list to receive meeting notifications for these ongoing partnership discussions.