An Act To Authorize the Commissioner of Transportation To Enter into Agreements with the United States Department of Transportation
Maine Legislature, Session 130, LD 0128
Committee: Transportation
Sponsors: DIAMOND
Amends: 23 MRSA §4206

Legislative Document
No. 128
S.P. 63
In Senate, January 21, 2021
An Act To Authorize the Commissioner of Transportation To Enter 
into Agreements with the United States Department of 
Transportation
Submitted by the Department of Transportation pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 19, 2021.  Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §4206, sub-§1, ¶N, as amended by PL 2011, c. 302, §20, is 
further amended to read:
N.  To make contracts and enter into agreements with and make assurances and 
certifications to the Maine Turnpike Authority, and other 3rd parties, necessary in 
connection with determination of department projects and the issuance of bonds or 
obligations pursuant to section 1968, subsection 2‑A; and
Sec. 2.  23 MRSA §4206, sub-§1, ¶O, as enacted by PL 2005, c. 277, §3, is 
amended to read:
O.  To bring before the joint standing committee of the Legislature having jurisdiction 
over transportation matters for review and approval any proposal that would alter the 
current land use, ownership or jurisdiction of lands owned by the State within the Port 
of Searsport presently under the jurisdiction of the department.; and
Sec. 3.  23 MRSA §4206, sub-§1, ¶P is enacted to read:
P.  To enter into agreements and cooperate with the United States Department of 
Transportation or any other appropriate federal agency as provided in 23 United States 
Code, Sections 325 to 327 and as authorized under the federal Moving Ahead for Progress 
in the 21st Century Act, the federal Safe, Accountable, Flexible, Efficient Transportation 
Equity Act:  A Legacy for Users and the federal National Environmental Policy Act of 
1969.  Pursuant to such an agreement, the commissioner may assume certain 
responsibilities of the Secretary of the United States Department of Transportation and take 
any other actions as required by any such agreement or by such federal laws.
(1)   The commissioner may adopt any rules necessary to implement an agreement 
pursuant to this paragraph and carry out any duties imposed under such an 
agreement.  Rules adopted pursuant to this subparagraph are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A.
(2)  The commissioner may make expenditures of money in connection with an 
agreement authorized under this paragraph from any funds of the department that 
are available to the commissioner.
(3)  Notwithstanding Title 14, chapter 741, sovereign immunity from civil suit in 
federal court is waived consistent with 23 United States Code, Sections 326 and 327 
and limited to the compliance, discharge or enforcement of a responsibility assumed 
by the department under this paragraph.  This subparagraph applies only to actions that 
are authorized under this paragraph and does not create liability that exceeds the 
liability created under 23 United States Code, Sections 325 to 327.
SUMMARY
This bill allows the Commissioner of Transportation to enter into agreements and 
cooperate with the United States Department of Transportation as provided in 23 United 
States Code, Sections 325 to 327 and as authorized under the federal Moving Ahead for 
Progress in the 21st Century Act, the federal Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users and the federal National Environmental 
Policy Act of 1969.  It allows the commissioner to adopt rules to implement an agreement, 
carry out duties under an agreement and make expenditures in connection with an 
agreement.  Consistent with 23 United States Code, Sections 326 and 327, it provides for 
a partial waiver of immunity from civil suit in federal court regarding the compliance, 
discharge or enforcement of a responsibility assumed by the Department of Transportation 
upon the department's entering an agreement.