Ohio Seeks Renewal to Handle Federal Highway Environmental Reviews
Published Date: 3/5/2026
Notice
Summary
Ohio wants to keep handling important environmental reviews for its highway projects instead of the federal government doing it. This renewal means Ohio will continue managing these tasks with some federal oversight, helping speed up projects while protecting the environment. People have until April 6, 2026, to share their thoughts before the deal is finalized.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Ohio Takes On NEPA Reviews
The Ohio Department of Transportation (ODOT) asked FHWA to renew a Memorandum of Understanding so ODOT would assume FHWA's project-level responsibilities under NEPA for Federal-aid highway projects in Ohio that are funded with Title 23 funds or otherwise require FHWA approval and that require a categorical exclusion, environmental assessment, or environmental impact statement. The proposed Second Renewal MOU excludes: projects authorized under 23 U.S.C. 202 and 203, certain 23 U.S.C. 204 projects unless designed/constructed by ODOT, projects that cross State or international boundaries, recreational trails under 23 U.S.C. 206, and projects advanced by Non-ODOT Direct Recipients of Federal-Aid Highway Funds.
Federal Tribal Consultation Retained by FHWA
The proposed MOU does not transfer the Secretary's responsibility for formal government-to-government consultation with federally recognized Indian Tribes to ODOT; FHWA will keep that formal consultation role. ODOT will conduct routine consultation and Tribes retain the right to request government-to-government consultation with FHWA.
Public Disclosure and 4(f) Approval Rules
ODOT must place a conspicuous disclosure on the cover of all environmental analyses stating the review was carried out under 23 U.S.C. 327 and the MOU date, and must disclose that information to the public, agencies, and Tribes as part of outreach. ODOT also may not determine that an action is a constructive use of a Section 4(f) property without first consulting with FHWA and obtaining FHWA approval.
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Key Dates
Department and Agencies
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