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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
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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
