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Last Updated: Tuesday, October 17, 2017 9:40 AM

Nepa Assignment

23 USC 327

In July of 2012, President Obama signed the Moving Ahead for Progress in the 21st Century Act (MAP-21) (P.L. 112-141) into law. Section 1313 of MAP-21 amends 23 U.S.C. 327, to establish a permanent Surface Transportation Project Delivery Program, allows any State to participate and for a State to renew its participation in the program. Through the NEPA Assignment Memorandum of Agreement, Caltrans is now responsible for FHWA's responsibilities under National Environmental Policy Act (NEPA) and other federal environmental laws such as the Endangered Species Act and Section 106 of the National Historic Preservation Act.These responsibilities became effective October 1, 2012. Caltrans’ Standard Environmental Reference (SER) has been updated to reflect these responsibilities. Chapter 38 of the SER is dedicated solely to NEPA Assignment.  

23 USC 326

In August 2005, President Bush signed into law a federal transportation reauthorization bill called the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Section 6004 of the law amended 23 U.S.C 326 to allow the California Department of Transportation (Caltrans) to assume the Federal Highway Administration's (FHWA) responsibilities under the Categorical Exclusion (CE) Assignment Program MOU.

Caltrans is, in essence, the federal agency for those projects where it assumes FHWA’s environmental responsibilities.


For questions and comments, please contact:

Dan McKell
NEPA Assignment
Statewide Team Leader
California Department of Transportation
Division of Environmental Analysis
MS 27, P.O. Box 942874
Sacramento, CA 94274-0001
Phone: (916) 653-0974