Georgia grabs environmental reins for federal highway projects
Published Date: 10/2/2026
Notice
Summary
Georgia wants to take charge of the environmental reviews for its federal highway projects instead of the federal government doing it. If approved, Georgia’s Department of Transportation will handle these reviews with some federal oversight, speeding up project delivery and possibly saving time and money. The public can share their thoughts on this plan until November 2, 2026.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Georgia Would Take Over NEPA Reviews
If approved, the Georgia Department of Transportation (GDOT) would take FHWA's project-level National Environmental Policy Act (NEPA) responsibilities for federal-aid highway projects in Georgia 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 MOU explicitly excludes: Federal Lands Highway projects under 23 U.S.C. 202, 203, or 204 unless GDOT designs and constructs them; projects that cross State or international boundaries; Recreational Trails under 23 U.S.C. 206; Project DeRenne (PI 0008358, 0008359, 0010236); and projects advanced by direct recipients other than GDOT (including competitive grants, direct-recipient Tribal projects, and Transportation Infrastructure Finance and Innovation Act credit projects).
GDOT Would Handle Many Federal Environmental Laws
Under the proposed MOU, GDOT would conduct environmental review, consultation, and related activities for project delivery under a wide range of Federal environmental statutes, for example the Clean Air Act (except project-level conformity determinations), Noise Control Act and FHWA noise regulations, the Endangered Species Act, the National Historic Preservation Act (including Section 4(f) matters with FHWA consultation required for constructive use determinations), the Clean Water Act, and others listed in the MOU. The MOU includes an explicit disclosure requirement that GDOT will place on the cover page of environmental analyses stating the reviews are being carried out by GDOT pursuant to 23 U.S.C. 327 and a dated MOU.
Tribal Government-to-Government Consultation Stays with FHWA
The proposed MOU does not assign the Secretary's responsibilities for formal government-to-government consultation with federally recognized Indian Tribes to GDOT; FHWA will retain responsibility for formal consultation. GDOT will conduct routine consultation with Tribes, and an Indian Tribe retains the right to request government-to-government consultation with FHWA.
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Key Dates
Department and Agencies
Related Federal Register Documents
2026-17904, National Environmental Policy Act Regulations
FHWA, FRA, and FTA (collectively referred to as the "Agencies") are finalizing the interim final rule (IFR) published on July 3, 2025, which revised the Agencies' National Environmental Policy Act (NEPA) of 1969 implementing regulations in light of the removal of the Council on Environmental Quality (CEQ) regulations, the amendments to NEPA included in the section of the Fiscal Responsibility Act (FR Act) of 2023, known as the Building United States Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023, amendments regarding efficient environmental reviews included in the Infrastructure Investment and Jobs Act (IIJA) of 2021, and the Supreme Court decision in Seven County Infrastructure Coalition. The Agencies provided a 30-day comment period for the public to review and comment on the IFR. This final rule addresses public comments received and finalizes the IFR with minor technical changes.
2026-19098, Notice of Final Federal Agency Actions on Proposed Highway in Georgia
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2026-19085, Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas
The Texas Department of Transportation (TxDOT) and federal agencies have given the green light to several new highway projects across Texas. These projects now have all the necessary permits and approvals, and anyone wanting to challenge these decisions must do so by February 16, 2027. This means smoother roads are coming, and the clock is ticking for any legal challenges!
2026-18549, Notice of Final Federal Agency Actions on Proposed Transportation Project in California
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Previous / Next Documents
Previous: 2026-20209, Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Georgia, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)
The Federal Highway Administration and Georgia’s Department of Transportation want to team up so Georgia can handle some environmental reviews for certain projects faster. This means Georgia will decide if some activities need detailed environmental studies or not, speeding up approvals without extra federal paperwork. People can share their thoughts on this plan by November 2, 2026.
Next: 2026-20211, Supplemental Nutrition Assistance Program: State of Nebraska SNAP Demonstration Project
Nebraska wants to try out a new SNAP project to make getting food benefits easier and better for families. The government is asking people to share their thoughts by November 2, 2026, before deciding if the project can move forward. If approved, Nebraska will run the project and share results to see if it helps improve nutrition and program efficiency.