23 U.S.C. § 325 : US Code - Section 325: State assumption of responsibilities for certain programs and projects

Search 23 U.S.C. § 325 : US Code - Section 325: State assumption of responsibilities for certain programs and projects

(a) Assumption of Secretary's Responsibilities Under Applicable
Federal Laws. -
(1) Pilot program. -
(A) Establishment. - The Secretary may establish a pilot
program under which States may assume the responsibilities of
the Secretary under any Federal laws subject to the
requirements of this section.
(B) First 3 fiscal years. - In the first 3 fiscal years
following the date of enactment of the SAFETEA-LU, the
Secretary may allow up to 5 States to participate in the pilot
program.
(2) Scope of program. - Under the pilot program, the Secretary
may assign, and a State may assume, any of the Secretary's
responsibilities (other than responsibilities relating to
federally recognized Indian tribes) for environmental reviews,
consultation, or decisionmaking or other actions required under
any Federal law as such requirements apply to the following
projects:
(A) Projects funded under section 104(h).
(B) Transportation enhancement activities under section 133,
as such term is defined in section 101(a)(35).
(b) Agreements. -
(1) In general. - The Secretary shall enter into a memorandum
of understanding with a State participating in the pilot program
setting forth the responsibilities to be assigned under
subsection (a)(2) and the terms and conditions under which the
assignment is being made.
(2) Certification. - Before the Secretary enters into a
memorandum of understanding with a State under paragraph (1), the
State shall certify that the State has in effect laws (including
regulations) applicable to projects carried out and funded under
this title and chapter 53 of title 49 that authorize the State to
carry out the responsibilities being assumed.
(3) Maximum duration. - A memorandum of understanding with a
State under this section shall be established for an initial
period of no more than 3 years and may be renewed by mutual
agreement on a periodic basis for periods of not more than 3
years.
(4) Compliance. -
(A) In general. - After entering into a memorandum of
understanding under paragraph (1), the Secretary shall review
and determine compliance by the State with the memorandum of
understanding.
(B) Renewals. - The Secretary shall take into account the
performance of a State under the pilot program when considering
renewal of a memorandum of understanding with the State under
the program.
(5) Sole responsibility. - A State that assumes responsibility
under subsection (a)(2) with respect to a Federal law shall be
solely responsible and solely liable for complying with and
carrying out that law, and the Secretary shall have no such
responsibility or liability.
(6) Acceptance of jurisdiction. - In a memorandum of
understanding, the State shall consent to accept the jurisdiction
of the Federal courts for the compliance, discharge, and
enforcement of any responsibility of the Secretary that the State
assumes.
(c) Selection of States for Pilot Program. -
(1) Application. - To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains such information as the Secretary may require. At a
minimum, an application shall include -
(A) a description of the projects or classes of projects for
which the State seeks to assume responsibilities under
subsection (a)(2); and
(B) a certification that the State has the capability to
assume such responsibilities.
(2) Public notice. - Before entering into a memorandum of
understanding allowing a State to participate in the pilot
program, the Secretary shall -
(A) publish notice in the Federal Register of the Secretary's
intent to allow the State to participate in the program,
including a copy of the State's application to the Secretary
and the terms of the proposed agreement with the State; and
(B) provide an opportunity for public comment.
(3) Selection criteria. - The Secretary may approve the
application of a State to assume responsibilities under the
program only if -
(A) the requirements under paragraph (2) have been met; and
(B) the Secretary determines that the State has the
capability to assume the responsibilities.
(4) Other federal agency views. - Before assigning to a State a
responsibility of the Secretary that requires the Secretary to
consult with another Federal agency, the Secretary shall solicit
the views of the Federal agency.
(d) State Defined. - With respect to the recreational trails
program, the term "State" means the State agency designated by the
Governor of the State in accordance with section 206(c)(1).
(e) Preservation of Public Interest Consideration. - Nothing in
this section shall be construed to limit the requirements under any
applicable law providing for the consideration and preservation of
the public interest, including public participation and community
values in transportation decisionmaking.