Maine Bids to Handle Its Own Highway Eco-Reviews
Published Date: 11/2/2025
Notice
Summary
Maine wants to take charge of some environmental reviews for its highway projects instead of the federal government doing it. If approved, MaineDOT will handle these reviews with FHWA keeping an eye on things, speeding up project delivery and giving the state more control. People have until December 3, 2025, to share their thoughts on this plan.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
MaineDOT to Assume NEPA Review Authority
FHWA has a draft Memorandum of Understanding to assign to the Maine Department of Transportation (MaineDOT) responsibility for making project-level NEPA decisions and conducting environmental reviews for Title 23-funded or FHWA‑approved highway projects in Maine under 23 U.S.C. 327. The proposed assignment would cover categorical exclusions, environmental assessments, and environmental impact statements for many projects within the State, and the FHWA will consider public comments submitted by December 3, 2025 when deciding whether to finalize the MOU.
FHWA Keeps Government-to-Government Tribal Role
The proposed MOU does not assign the Secretary's responsibility for formal government-to-government consultation with federally recognized Indian tribes to MaineDOT. FHWA will retain responsibility for formal government-to-government tribal consultation, while MaineDOT will conduct routine consultation and tribes may request FHWA government-to-government consultation.
Certain Projects Are Excluded From Assignment
The draft MOU would not let MaineDOT assume FHWA responsibilities for specified project types, including: projects authorized under 23 U.S.C. 202 and 203; 23 U.S.C. 204 projects unless designed and built by MaineDOT; projects that cross State or international boundaries; recreational trails under 23 U.S.C. 206; and projects advanced by direct recipients other than MaineDOT (for example, competitive grant projects, direct recipient tribal projects, and TIFIA Credit Program projects).
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Key Dates
Department and Agencies
Related Federal Register Documents
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