---
kind: "section"
citation: "23 C.F.R. § 778.103"
title: "23"
number: "778.103"
heading: "Eligibility and Certain Limitations."
url: "https://uscodex.org/cfr/23/778.103"
---

# §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](/usc/23/327.md) 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](/usc/23/109.md), [128](/usc/23/128.md), and [139](/usc/23/139.md); 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).

## Notes

### Authority

Authority: 23 U.S.C. 330; 49 CFR 1.81.

### Source

Source: 85 FR 84226, Dec. 28, 2020, unless otherwise noted.