Section 17.12.020. Implementation of 23 U.S.C. 326 (state assumption of responsibility for categorical exclusions).

	(a)  As provided in 23 U.S.C. 326, the department may assume  
		(1) responsibility for determining whether a proposed federally funded highway project is categorically excludable from the requirements of 42 U.S.C. 4321 - 4370f (National Environmental Policy Act) by the Secretary of the United States Department of Transportation; and  
		(2) all or part of the responsibilities for environmental review, consultation, or other related actions required under federal laws and executive orders applicable to categorically excluded projects, with the exception of government-to-government consultation with Indian tribes.  
	(b)  The assumption of responsibilities described in (a) of this section includes  
		(1) taking the role of the United States Department of Transportation for the purposes of the federal laws under which the responsibilities are exercised; and  
		(2) any other matters reasonably necessary for successful exercise of the assigned responsibilities.  

Authorities

44.42.030;44.42.300

Notes

Authority

AS 44.42.030 AS 44.42.300

History

Eff. 8/23/2009, Register 191