23 CFR § 778.103 - Eligibility and Certain Limitations.

---
identifier: "/us/cfr/t23/s778.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 778.103 - Eligibility and Certain Limitations."
title_number: 23
title_name: "Highways"
section_number: "778.103"
section_name: "Eligibility and Certain Limitations."
chapter_name: "FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "H"
subchapter_name: "RIGHT-OF-WAY AND ENVIRONMENT"
part_number: "778"
part_name: "PILOT PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "23 U.S.C. 330; 49 CFR 1.81."
regulatory_source: "85 FR 84226, Dec. 28, 2020, unless otherwise noted."
cfr_part: "778"
---


# 778.103 Eligibility and Certain Limitations.

(a) *Applicants.* To be eligible for the Pilot Program, a State must:

(1) Act by and through the Governor or top-ranking State transportation official who is charged with responsibility for highway construction;

(2) Consent to a waiver of its sovereign immunity for the compliance, discharge, and enforcement of any responsibility under this Pilot Program;

(3) Have previously assumed the responsibilities of the Secretary under 23 U.S.C. 327 related to environmental review, consultation, or other actions required under certain Federal environmental laws; and

(4) Identify laws authorizing the State to take the actions necessary to carry out the alternative environmental review and approval procedures under State laws and regulations.

(b) *Certain Limitations.* (1) State environmental laws and regulations may only be substituted as a means of complying with:

(i) NEPA;

(ii) Procedures governing the implementation of NEPA and related procedural laws under the authority of the Secretary, including 23 U.S.C. 109, 128, and 139; and

ed regulations and executive orders.

P>(2) Compliance with State environmental laws and regulations may not substitute for the Secretary's responsibilities regarding compliance with any other Federal environmental laws other than those set forth in (b)(1).