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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.

NEPA Assignment is a Program which formally assigns the Federal Highway Administration’s (FHWA’s) NEPA responsibilities to the Maine Department of Transportation (MaineDOT) for Categorical Exclusions (23 USC 326) and the Surface Transportation Project Delivery Program (23 USC 327). MaineDOT assumes responsibility for all classes of NEPA (Categorical Exclusions, Environmental Assessments, and Environmental Impact Statements) and also assumes responsibility for environmental laws, regulations, Executive Orders, and interagency consultation in Maine. MaineDOT, under this program, is deemed lead Federal agency for environmental review and consultation per 23 U.S.C. 326 (e) and 23 U.S.C. 327 (m).

(23 U.S.C. 326) State Assumption of Responsibility for Categorical Exclusion (CE) Assignment

(23 U.S.C. 327) Surface Transportation Project Delivery Program

MaineDOT NEPA Guidance Documents

Application Process

Surface Transportation Project Delivery Program

Frequently Asked Questions