Categorical Exclusion Assignment (23 U.S.C. 326)
Any state may choose to enter into the program where FHWA assigns its NEPA responsibilities for Categorical Exclusion (CE) determinations. To participate in this program, the State DOT must contact their FHWA Division Office and the FHWA Office of Project Development and Environmental review to arrange a meeting. At this meeting, the State DOT should discuss the waiver of sovereign immunity, their desired schedule for implementation, and their overall readiness to assume FHWA's environmental responsibilities under this program.