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This document outlines the responsibilities and criteria for determining "designated activities" as Categorical Exclusions (CEs) under Section 6004. These activities must be specifically designated and listed in the Memorandum of Understanding (MOU). All or part of the FHWA's responsibilities for environmental review may be assigned, but it is at the discretion of the SDOT and requires a realistic assessment of capabilities. Government-to-government consultation with Indian Tribes cannot be assigned, and procedures must be specified in the MOU to prevent conflicts in decision-making.
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Section 6004 CE Responsibilities Assignable: Part 1 • Assume responsibility for determining whether certain “designated activities” are CEs. • Activities must be “specifically designated” • Designation must be made in accordance with established criteria • A list must be identified in the MOU • Designation cannot be “open ended”
Section 6004 CE Responsibilities Assignable: Part 2 • All or part of the other FHWA responsibilities for environmental review may be assigned. • Responsibilities assigned is discretionary • Realistically assess SDOT capabilities • Responsibilities must be specified in the MOU • Government-to-Government consultation with Indian Tribes cannot be assigned. • Specify procedures in MOU to avoid entanglement of FHWA/State decision making
Section 6004 Status • An oppurtunity to show less expensive, more efficient, and better ways to satisfy NEPA than currently practiced • A whole new way of doing business that redefines the roles and responsibilities of agencies. • Few states are contemplating taking on CEs • Most States are happy with current programmatic CE agreements. • Many States do not want to expose themselves to the liability or responsibilities. • Some States don’t want to take on the added costs for this assignment because it does not go far enough (not all CEs are assignable
