Nebraska Eyes Highway Eco-Control from Feds
Published Date: 12/12/2025
Notice
Summary
Nebraska wants to take charge of some environmental reviews for its highway projects instead of the federal government doing it. If approved, Nebraska’s Department of Transportation will handle these tasks with federal oversight, speeding up project delivery and keeping things efficient. People have until January 12, 2026, to share their thoughts on this plan.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Nebraska to Assume NEPA Decisions
FHWA received an application from the Nebraska Department of Transportation (NDOT) to assume FHWA's project-level National Environmental Policy Act (NEPA) responsibilities for highway projects in Nebraska that use Title 23 funds or otherwise require FHWA approval and that require a Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement. The proposed assignment would exclude projects under 23 U.S.C. 202 and 203, certain 23 U.S.C. 204 projects unless NDOT designs and builds them, projects that cross State or international boundaries, recreational trails under 23 U.S.C. 206, and projects advanced by direct recipients of Federal-aid funds other than NDOT.
State Will Handle Reviews Under Many Environmental Laws
Under the proposed MOU, NDOT would conduct environmental review, consultation, and other related activities for project delivery under a long list of Federal environmental laws, including the Clean Air Act (except project-level conformity determinations under 42 U.S.C. 7506), Endangered Species Act, Clean Water Act (sections 319, 401, 402, 404, 408), CERCLA/SARA, RCRA, the National Historic Preservation Act, and others listed in the notice. FHWA would provide oversight while the State carries out these responsibilities.
FHWA Keeps Tribal Government-to-Government Role
The Secretary's responsibilities for formal government-to-government consultation with federally recognized Indian Tribes (as defined in 36 CFR 800.16(m)) are not assigned to NDOT; FHWA will retain responsibility for conducting formal government-to-government consultation with federally recognized Indian Tribes. NDOT will perform routine consultation and acknowledges a Tribe's right to request government-to-government consultation with FHWA.
Public Comment Deadline on MOU
FHWA is asking for public comments on NDOT's application and the proposed MOU; comments must be submitted by January 12, 2026, through regulations.gov, mail, or hand delivery as described in the notice. FHWA and NDOT will consider comments and may revise the MOU before making a final MOU available to the public.
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