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NEPA Assignment

Hiking in Hocking Hills

What Is NEPA Assignment?

NEPA Assignment is a program which formally assigns the Federal Highway Administration’s (FHWA’s) NEPA responsibilities to the Ohio Department of Transportation (ODOT). It means ODOT assumes responsibility for all environmental laws, rules and orders, interagency consultation, and any other environmental related actions for transportation projects in Ohio. Under this program, ODOT is deemed to be a Federal Agency [FHWA] for environmental matters.

What's the big takeaway here?

ODOT is saving taxpayer dollars by reducing delays through streamlining the environmental process required for all transportation projects.

ODOT and FHWA NEPA Assignment MOU

The Memorandum of Understanding (MOU) between the Federal Highway Administration (FHWA and the Ohio Department of Transportation (ODOT concerning the State of Ohio’s participation in the Project Delivery Program pursuant to 23 U.S.C. 327 was originally executed and went into effect December 28, 2015.  The original MOU was amended June 6, 2018 and a renewed MOU was executed and went into effect December 14, 2020.  The responsibilities assigned to ODOT are subject to the same procedural and substantive requirements as previously applied to FHWA.  The NEPA Assignment Program does not preempt or interfere with any power, jurisdiction, responsibility, or authority of an agency, excluding FHWA, under applicable laws and regulations.

ODOT Performance Measures

ODOT NEPA Assignment Performance Measures

Audit 4 Performance Measures

ODOT Self-Assessment Results

2021 ODOT Self-Assessment Report

2020 ODOT Self-Assessment Report

ODOT Self-Assessment #4 Report

ODOT Self-Assessment #3 Report

ODOT Self-Assessment #2 Report

ODOT Self-Assessment #1 Report

FHWA Audit Results

The Ohio NEPA Assignment Audit 4 Report is currently published on the Federal Register website for public review and comment.  Comments regarding Audit 4 are due July 17, 2020.

FHWA Audit #4 Report

FHWA Audit #3 Report

FHWA Audit #2 Report

FHWA Audit #1 Report

ODOT Audit Close-Out Reports

ODOT Audit #4 Close-Out Report

ODOT Audit #3 Close-Out Report

ODOT Audit #2 Close-Out Report

ODOT Audit #1 Close-Out Report

The Road to NEPA Assignment

For background information and historical information about how Ohio earned NEPA Assignment designation, click here.

NEPA Assignment Disclosure

NEPA Assignment Material:

Brochure (.pdf)  Poster (.pdf)


In accordance with the Memorandum of Understanding (MOU) pursuant to 23 U.S.C. 327 between the Federal Highway Administration (FHWA), an administration in the United States Department of Transportation (USDOT), and the Ohio Department of Transportation (ODOT), executed December 11, 2015, amended June 6, 2018, and renewed December 14, 2020, ODOT must disclose to the public and agencies as part of agency outreach and public involvement procedures the following statement:

The Memorandum of Understanding (MOU) between the Federal Highway Administration (FHWA and the Ohio Department of Transportation (ODOT concerning the State of Ohio’s participation in the Project Delivery Program pursuant to 23 U.S.C. 327 was originally executed and went into effect December 28, 2015.  The original MOU was amended June 6, 2018 and a renewed MOU was executed and went into effect December 14, 2020.  The responsibilities assigned to ODOT are subject to the same procedural and substantive requirements as previously applied to FHWA.  The NEPA Assignment Program does not preempt or interfere with any power, jurisdiction, responsibility, or authority of an agency, excluding FHWA, under applicable laws and regulations.

In accordance with Section 3.1.3 of the above referenced MOU, Districts or the project sponsor are required to distribute information explaining NEPA Assignment to the public on projects assigned under the MOU.  The Office of Environmental Services has developed a brochure and poster board to be used at public meetings, per the ODOT NEPA Assignment Language Guidance.