72-6-120 - Department authorized to participate in federal program assuming responsibility for environmental review of categorically excluded projects -- Rulemaking authority.
72-6-120. Department authorized to participate in federal program assumingresponsibility for environmental review of categorically excluded projects -- Rulemakingauthority.
(1) The department may:
(a) assume responsibilities under 23 U.S.C. Sec. 326 for:
(i) determining whether state highway design and construction projects are categoricallyexcluded from requirements for environmental assessments or environmental impact statements;and
(ii) environmental review, consultation, or other actions required under federal law forcategorically excluded projects;
(b) enter one or more memoranda of understanding with the United States Department ofTransportation related to federal highway programs as provided in 23 U.S.C. Sec. 326 subject tothe requirements of Subsection 72-1-207(5);
(c) accept, receive, and administer grants, other money, or gifts from public and privateagencies, including the federal government, for the purpose of carrying out the programsauthorized under this section; and
(d) cooperate with the federal government in implementing this section and anymemorandum of understanding entered into under Subsection 72-1-207(5).
(2) Notwithstanding any other provision of law, in implementing a program under thissection that is approved by the United States Department of Transportation, the department isauthorized to:
(a) perform or conduct any of the activities described in a memorandum of understandingentered into under Subsection 72-1-207(5);
(b) take actions necessary to implement the program; and
(c) adopt relevant federal environmental standards as the standards for this state forcategorically excluded projects.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment may makes rules to implement the provisions of this section.
Amended by Chapter 382, 2008 General Session