| (a) Applicable requirements. For an FHWA transportation
project, the department delegate and project sponsor will comply with
FHWA's rules concerning the environmental review of the project, as
appropriate, in addition to the requirements of this chapter. To the
extent there is a conflict between FHWA's rules and the requirements
of this chapter, FHWA's rules will control. Project sponsors should
consider FHWA's rule requirements at the outset of the environmental
review process if there is any possibility that FHWA approval of the
project will later be required.
(b) Issuance of approval; delegation of authority.
(1) For an FHWA transportation project, the entity
with the authority to issue final approval of an environmental review
document, or make a final determination that a project qualifies as
a categorically excluded project is FHWA.
(2) Notwithstanding paragraph (1) of this subsection,
the department delegate may, if provided by a programmatic agreement
or memorandum of understanding with FHWA, exercise approval authority
in accordance with the terms of the agreement.
(3) If the department assumes any of FHWA's responsibilities
under a memorandum of understanding, references to FHWA in this chapter
shall mean the department delegate for those responsibilities assumed
by the department as described in the memorandum of understanding.
(4) If the department has a programmatic agreement
or memorandum of understanding with FHWA applicable to a project,
the project sponsor and department delegate will comply with the terms
of the agreement. If federal law, including FHWA's rules, or an agreement
with FHWA conflicts with this chapter, the federal law or agreement
provision controls to the extent of the conflict.
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