23 U.S.C. § 326 : US Code - Section 326: State assumption of responsibility for categorical exclusions

Search 23 U.S.C. § 326 : US Code - Section 326: State assumption of responsibility for categorical exclusions

(a) Categorical Exclusion Determinations. -
(1) In general. - The Secretary may assign, and a State may
assume, responsibility for determining whether certain designated
activities are included within classes of action identified in
regulation by the Secretary that are categorically excluded from
requirements for environmental assessments or environmental
impact statements pursuant to regulations promulgated by the
Council on Environmental Quality under part 1500 of title 40,
Code of Federal Regulations (as in effect on October 1, 2003).
(2) Scope of authority. - A determination described in
paragraph (1) shall be made by a State in accordance with
criteria established by the Secretary and only for types of
activities specifically designated by the Secretary.
(3) Criteria. - The criteria under paragraph (2) shall include
provisions for public availability of information consistent with
section 552 of title 5 and the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(b) Other Applicable Federal Laws. -
(1) In general. - If a State assumes responsibility under
subsection (a), the Secretary may also assign and the State may
assume all or part of the responsibilities of the Secretary for
environmental review, consultation, or other related actions
required under any Federal law applicable to activities that are
classified by the Secretary as categorical exclusions, with the
exception of government-to-government consultation with Indian
tribes, subject to the same procedural and substantive
requirements as would be required if that responsibility were
carried out by the Secretary.
(2) Sole responsibility. - A State that assumes responsibility
under paragraph (1) 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.
(c) Memoranda of Understanding. -
(1) In general. - The Secretary and the State, after providing
public notice and opportunity for comment, shall enter into a
memorandum of understanding setting forth the responsibilities to
be assigned under this section and the terms and conditions under
which the assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion determinations.
(2) Term. - A memorandum of understanding -
(A) shall have a term of not more than 3 years; and
(B) shall be renewable.
(3) 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.
(4) Monitoring. - The Secretary shall -
(A) monitor compliance by the State with the memorandum of
understanding and the provision by the State of financial
resources to carry out the memorandum of understanding; and
(B) take into account the performance by the State when
considering renewal of the memorandum of understanding.
(d) Termination. - The Secretary may terminate any assumption of
responsibility under a memorandum of understanding on a
determination that the State is not adequately carrying out the
responsibilities assigned to the State.
(e) State Agency Deemed to Be Federal Agency. - A State agency
that is assigned a responsibility under a memorandum of
understanding shall be deemed to be a Federal agency for the
purposes of the Federal law under which the responsibility is
exercised.