23 CFR §778.103

1. (a)Applicants. To be eligible for the Pilot Program, a State must:
   1. (1)Act by and through the Governor or top-ranking State transportation official who is charged with responsibility for highway construction;
   2. (2)Consent to a waiver of its sovereign immunity for the compliance, discharge, and enforcement of any responsibility under this Pilot Program;
   3. (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. (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.
2. (b)Certain Limitations.
   1. (1)State environmental laws and regulations may only be substituted as a means of complying with:
      1. (i)NEPA;
      2. (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).