Indiana § 8-23-2-6.1 - Assumption of responsibilities under federal environmental laws

Full text of Indiana Indiana Code § 8-23-2-6.1 — Assumption of responsibilities under federal environmental laws, with citation guidance and answers to common questions.

§ 8-23-2-6.1. Assumption of responsibilities under federal environmental laws

Sec. 6.1. (a) The department may assume the responsibilities of the United States Department of Transportation with respect to the United States Department of Transportation's duties under the federal National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other federal environmental laws. The department may:

(1) assume responsibility under 23 U.S.C. 326 and 23 U.S.C. 327; and

(2) enter into one (1) or more agreements, including memoranda of understanding, with the United States Department of Transportation related to:

(A) designating categorical exclusions from federally required environmental assessments or impact statements for highway projects, as provided in 23 U.S.C. 326; and

(B) the federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects, as provided in 23 U.S.C. 327.

(b) Except as provided in subsection (c), the department waives its immunity from civil liability, including immunity from suit in federal court, and consents to the jurisdiction of the federal courts over its civil liability with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department under subsection (a).

(c) Subsection (b) applies only to those actions that are authorized under subsection (a) and does not create liability for the department that exceeds the liability created under 23 U.S.C. 326 and 23 U.S.C. 327.

(d) The department may adopt rules under IC 4-22-2 to implement this section. The department may adopt the relevant federal environmental standards as the standards for a program described in subsection (a)(2).

As added by P.L.147-2026, SEC.8.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 8-23-2-6.1

What does Indiana Code § 8-23-2-6.1 cover?

Section 8-23-2-6.1 ("Assumption of responsibilities under federal environmental laws") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 8-23-2-6.1?

A common citation format is "Indiana Code § 8-23-2-6.1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 8-23-2-6.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.