Should the MOUs be written to allow a State to phase-in the assumption of additional responsibilities?
No. The MOU must clearly define the scope of responsibilities assigned. However, if after a period of time, the Division Office agrees to assign additional responsibilities not specified in the executed MOU, a provision exists in the MOU that allows the agreement to be amended. Otherwise, additional responsibilities may be identified when the MOU is considered for renewal. • Transitions • Can the executed 23 USC §326 MOU equally apply to new projects and projects in process but not yet approved? Is there a transitional period? Immediately after the signatories execute the MOU, the State may exercise the provisions to assume responsibilities. There is no transition period. For other assigned environmental responsibilities, the State and FHWA should discuss whether immediate State assumption of responsibility is appropriate for a project if FHWA has already taken certain actions. For example, if FHWA has already begun Section 106 consultation with the SHPO and other parties for a specifi
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