The National Environmental Policy Act (NEPA) is a federal procedural law that establishes a national environmental policy. NEPA provides a framework for environmental planning and decision-making for projects that receive federal funds or require federal approvals. NEPA requires federal agencies (or states that have assumed responsibility under 23 U.S.C. 326 or 23 U.S.C. 327) when planning projects to conduct environmental reviews to consider the potential impacts on the environment by their proposed actions.
NEPA Assignment
Section 6005(a) of the Safe Affordable Flexible Efficient Transportation Act (SAFETEA-LU) and updated by the Moving Ahead for Progress in the 21st Century Act (MAP-21) established a Surface Transportation Project Delivery Program that allows the Secretary of the United States Department of Transportation to assign, and a State to assume, the USDOT Secretary's responsibilities under the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321, et seq.) and all or part of the USDOT Secretary's responsibilities for environmental review, consultation, or other action required under any Federal environmental law with respect to one or more highway projects within the State.
The U.S. DOT Secretary has formerly assigned the Federal Highway Administration's NEPA responsibilities and responsibility for environmental laws, regulations, Executive Orders, and interagency consultation under both 23 U.S.C. 326 (Categorical Exclusions) and 23 U.S.C. 327 (Surface Transportation Project Delivery Program-includes Categorical Exclusions, Environmental Assessments, and Environmental Impact Statements). MaineDOT, under this program, is deemed the lead Federal agency for environmental review and consultation per 23 U.S.C. 326 (e) and 23 U.S.C. 327 (m).
Current Assignments
- FHWA NEPA
(23 U.S.C. 326) State Assumption of Responsibility for Categorical Exclusion (CE) Assignment
23 U.S.C. 326 Memorandum of Understanding - 10.09.2024 (PDF)
- FHWA Monitoring Reports
- MaineDOT Annual Self-Assessment Report
- MaineDOT Semi-Annual CE Determination Report
(23 U.S.C. 327) Surface Transportation Project Delivery Program
23 U.S.C. 327 Memorandum of Understanding - 01.30.2026 (PDF)
23 U.S.C. 327 Final Application (V3) (PDF)
- FHWA Audit Reports
- 2026 (anticipated spring 2027)
- MaineDOT Self-Assessment Reports
- 2026 (anticipated fall 2026)
MaineDOT & FHWA Categorical Exclusion Programmatic Agreement
MaineDOT NEPA Guidance Documents
Additional NEPA Information
- QA/QC
Quality Assurance (QA) and Quality Control (QC) are part the Environmental Office’s process that occur at a program level and at multiple points during a project. QA is utilized to proactively focus on the prevention of issues and manage the quality of the process. QC is utilized to verify the quality of the project process and documentation. MaineDOT Environmental Office Director, NEPA Manager, and staff conduct annual NEPA quality reviews. These reviews will consist of selecting various projects. The reviews will exam the process, assessments, assessment details, documentation, and approvals to ensure NEPA determinations and certifications are done correctly. Any areas of improvement will be noted and discussed with the Environmental Office and MaineDOT Project Development teams.
- Training
Environmental training at MaineDOT is designed to meet its responsibilities under the National Environmental Policy Act (NEPA). The training includes modular sessions that cover different aspects of NEPA, as well as related laws, regulations, and Executive Orders. These modules introduce the relevant legal framework, explain MaineDOT's NEPA process, and clarify the roles and responsibilities of its technical experts and staff.
- Frequently Asked Questions
What is NEPA Assignment?
- Congress allows States to assume Federal Highway Administration (FHWA) environmental review responsibility under the National Environmental Policy Act (NEPA) under 23 U.S. Code § 327 - Surface Transportation Project Delivery Program – “NEPA Assignment”.
- Under this program, the Maine Department of Transportation (MaineDOT) will assume responsibility for NEPA
- FHWA provides information on NEPA Assignment here.
What does the NEPA Assignment Program cover?
- MaineDOT acts as the Lead Federal Agency for environmental review and consultation with agencies.
- Applies to all Federal-aid highway projects.
- Applies to all NEPA classes of action: Categorical Exclusions (CE), Environmental Assessments (EA), and Environmental Impact Statements (EIS) and all environmental laws, regulations, and Executive Orders.
- NEPA Assignment does not change federal environmental protection standards and therefore MaineDOT is still responsible for complying with all federal environmental laws, rules, and orders under the “NEPA Umbrella.”
- MaineDOT is legally responsible for environmental decisions under this program.
- Maine Revised Statutes 23 MRS 4206 (P) has been amended.
- FHWA retains an auditing and monitoring role and the following responsibilities:
- NEPA Assignment program level oversight, but no project-level assistance.
- Clean Air Act conformity determinations.
- Tribes retain the ability to request Government-to-Government consultation.
- Statewide and metropolitan planning.
- Excluded projects (projects that cross international or state lines).
Is MaineDOT accountable for maintaining high environmental standards?
- MaineDOT will maintain current high standards for environmental reviews and collaboration with agencies.
- MaineDOT will continue to follow the same federal environmental laws, regulations, and Executive Orders.
- MaineDOT Environmental Office (ENV) will conduct regular program reviews.
- FHWA will regularly conduct in-depth audits of MaineDOT’s performance and adherence to environmental laws, regulations, and Executive Orders.
- FHWA retains final project funding authority and may revoke the program if MaineDOT does not perform to the required standards.
- MaineDOT will be held liable for all environmental responsibilities and will be required to defend any claims brought in a Federal court.
- This program increases the State’s accountability as MaineDOT assumes more risk along with more responsibility for the quality and outcomes of their environmental documents and decisions.
Scope of the NEPA Assignment Program
- A Memorandum of Understanding (MOU) will define the range of project actions and environmental responsibilities that MaineDOT assumes.
- The NEPA Assignment Program includes assigning FHWA’s responsibilities and consultation obligations for environmental laws under the “NEPA umbrella” to MaineDOT, such as:
- Endangered Species Act
- National Historic Preservation Act
- Magnusson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat)
- U.S. Department of Transportation Act [Section 4(f)]
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
What are the requirements for DOTs entering into NEPA Assignment?
- MaineDOT will submit an application to FHWA. The application identifies:
- Scope of Assignment
- Current & Proposed Organization
- Current & Proposed Procedures, Tools
- Roles and Responsibilities
- Additional Staff and Training
- A notice of the availability of the MaineDOT application will be published for public review for a 30-day comment period and posted on the MaineDOT website.
- MaineDOT and FHWA will prepare a Memorandum of Understanding (MOU) and a notice will be published that allows for a 30-day public review of the MOU. Once executed MaineDOT will have NEPA Assignment.
- The MaineDOT Environmental Office anticipates an Executed MOU in late 2025.
Applicable documents:
- Additional Resources
- Purpose and Need Companion Document (PDF)
- Right of Way Manual
- National Environmental Policy Act
- Council on Environmental Quality
- Environmental Impact and Related Procedures (23 CFR 771)
- Efficient Environmental Reviews for Project Decision Making (23 U.S.C. 139)
- FHWA Order 6640.1A
- FHWA Environmental Toolkit
- Environmental Practitioner's Handbooks
- Improving the Quality of Environmental Documents
