What States should include in any public-private partnership legislation will vary, according to a previous FHWA review of the literature on public-private partnerships. The literature suggested that legislation should, at a minimum, provide an operating environment that allows a State department of transportation to enter into partnerships and to approve specific activities associated with that partnership.[375] To be effective, State enabling legislation should designate a lead agency, such as the State department of transportation or a toll authority, to implement highway partnerships.[376] The literature also indicated that the lead agency should have the authority to act on behalf of the State; therefore, it should have certain statutory powers.[377] For most projects, these powers should include the power to procure projects through negotiation; to acquire right-of-way through eminent domain (or otherwise) and transfer use of it to a private developer; to acquire and confer environmental permits; to confer exclusive franchises; to establish a geographic non-compete zone; to enter into binding concession agreements and lease arrangements; to regulate tolls or rates of return; to accept unsolicited proposals; and to blend or lend State and Federal funds to a project.[378] The literature noted that without some of these powers, it would be difficult for a State to undertake public-private investment initiatives.[379]