SAFETEA-LUSAFETEA-LU

Efficient Environmental Review Efficient Environmental Review ProcessProcess

(Section 6002)(Section 6002)

Kelly DunlapKelly Dunlap

Efficient Environmental Efficient Environmental Review ProcessReview Process

Goal: Streamline the Goal: Streamline the environmental process for environmental process for transportation projects while transportation projects while ensuring early participation by ensuring early participation by public and interested agenciespublic and interested agencies

Efficient Environmental Efficient Environmental Review ProcessReview Process

Creates a new category of Creates a new category of agencies—”participating agencies—”participating agencies”agencies”

Any federal or non-federal agency Any federal or non-federal agency that may have an interest in the that may have an interest in the transportation projecttransportation project

Efficient Environmental Efficient Environmental Review ProcessReview Process

Sec. 1508.5 Cooperating agency.

…means any Federal agency other than a lead agency which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment… a State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may by agreement with the lead agency become a cooperating agency

Efficient Environmental Efficient Environmental Review ProcessReview Process

The efficient environmental review The efficient environmental review process defines the involvement of process defines the involvement of participating agencies and public participating agencies and public in the environmental review in the environmental review processprocess

……andand

Efficient Environmental Efficient Environmental Review ProcessReview Process

Encourages and supports concurrent Encourages and supports concurrent compliance of NEPA with other compliance of NEPA with other environmental laws and regulations, environmental laws and regulations, such as:such as:

Clean Water Act Section 401 & 404Clean Water Act Section 401 & 404Endangered Species Act (Federal and Endangered Species Act (Federal and state)state)Section 106 Historic Preservation ActSection 106 Historic Preservation Act

Efficient Environmental Efficient Environmental Review ProcessReview Process

When does this new efficient When does this new efficient environmental review process environmental review process

apply?apply?

Efficient Environmental Efficient Environmental Review ProcessReview Process

Process is mandatory for any EIS Process is mandatory for any EIS (environmental impact (environmental impact

statement) level project with a statement) level project with a Notice of Intent on or before Notice of Intent on or before

August 10, 2005August 10, 2005

Efficient Environmental Efficient Environmental Review ProcessReview Process

Process is optional, at the Process is optional, at the discretion of FHWA, for any discretion of FHWA, for any

other projectother project

Efficient Environmental Efficient Environmental Review ProcessReview Process

How does this new process How does this new process work?work?

Efficient Environmental Efficient Environmental Review ProcessReview Process

Lead agency will determine the Lead agency will determine the appropriate participating appropriate participating

agencies and will invite/designate agencies and will invite/designate them to be part of the processthem to be part of the process

Done in parallel with invitation to Done in parallel with invitation to cooperating agenciescooperating agencies

Efficient Environmental Efficient Environmental Review ProcessReview Process

Participating agency must Participating agency must accept or decline by deadline accept or decline by deadline (30 days).(30 days).

Efficient Environmental Efficient Environmental Review ProcessReview Process

If federal agency, then must decline in If federal agency, then must decline in writing by stating:writing by stating:

1.1. Agency has no jurisdiction or Agency has no jurisdiction or authorityauthority

2.2. Agency has no expertise or relevant Agency has no expertise or relevant information, andinformation, and

3.3. Agency does not intend to commentAgency does not intend to comment

Efficient Environmental Efficient Environmental Review ProcessReview Process

Lead agency must develop a Lead agency must develop a coordination plan (this can be coordination plan (this can be done at a program level or for done at a program level or for

each individual project)each individual project)

Coordination plan may include Coordination plan may include schedule.schedule.

Efficient Environmental Efficient Environmental Review ProcessReview Process

What’s in it for participating What’s in it for participating agencies?agencies?

Efficient Environmental Efficient Environmental Review ProcessReview Process

As early as practicable, lead agency As early as practicable, lead agency must involve participating agencies must involve participating agencies in:in:

1.1. Purpose and Need Purpose and Need

2.2. Range of AlternativesRange of Alternatives

By providing an opportunity to By providing an opportunity to commentcomment

Efficient Environmental Efficient Environmental Review ProcessReview Process

However, the lead agency shall However, the lead agency shall define the purpose and need define the purpose and need and range of alternatives for and range of alternatives for the environmental documentthe environmental document

Efficient Environmental Efficient Environmental Review ProcessReview Process

Also, lead agency shall Also, lead agency shall determine in collaboration determine in collaboration with participating agencies with participating agencies the methodologies and level the methodologies and level

of detail for alternatives of detail for alternatives analysisanalysis

Efficient Environmental Efficient Environmental Review ProcessReview Process

Lead agency shall make available Lead agency shall make available to participating agencies as to participating agencies as

early as practicable:early as practicable:

environmental and socioeconomic environmental and socioeconomic impacts within the project area impacts within the project area

and location of alternatives—can and location of alternatives—can be done with GIS mappingbe done with GIS mapping

Efficient Environmental Efficient Environmental Review ProcessReview Process

Secretary (FHWA) shall ensure Secretary (FHWA) shall ensure that project sponsor complies that project sponsor complies with all jointly made design with all jointly made design and mitigation commitmentsand mitigation commitments

Efficient Environmental Efficient Environmental Review ProcessReview Process

Includes provision to provide Includes provision to provide funding to agencies funding to agencies

(including state agencies) and (including state agencies) and tribes for activities that tribes for activities that

meaningfully contribute to meaningfully contribute to expediting the environmental expediting the environmental

processprocess

Efficient Environmental Efficient Environmental Review ProcessReview Process

What’s in it for the lead agency?What’s in it for the lead agency?

Efficient Environmental Efficient Environmental Review ProcessReview Process

Participating agencies shall Participating agencies shall identify as early as practicable:identify as early as practicable:

any issues regarding project’s any issues regarding project’s environmental and environmental and

socioeconomic impacts that socioeconomic impacts that could substantially delay or could substantially delay or

prevent granting of prevent granting of permit/approvalpermit/approval

Efficient Environmental Efficient Environmental Review ProcessReview Process

Lead agency may also elect to Lead agency may also elect to develop the preferred develop the preferred

alternative to a greater level alternative to a greater level of detail to assist in the of detail to assist in the

development of mitigation development of mitigation measuresmeasures

(really helps both the lead and (really helps both the lead and participating agency)participating agency)

Efficient Environmental Efficient Environmental Review ProcessReview Process

If federal participating agency If federal participating agency does not issue or deny approval does not issue or deny approval or permit by either:or permit by either:

1)1)180 days after FHWA made 180 days after FHWA made final decision; orfinal decision; or

2)2)180 days after lead agency 180 days after lead agency filed application or permitfiled application or permit

……thenthen

Efficient Environmental Efficient Environmental Review ProcessReview Process

Secretary (FHWA) must file an Secretary (FHWA) must file an initial notice of failure of federal initial notice of failure of federal agency to make decision to both agency to make decision to both the Senate and the Housethe Senate and the House

..and shall do so every 60 days ..and shall do so every 60 days thereafter until all federal thereafter until all federal decisions are madedecisions are made

Efficient Environmental Efficient Environmental Review ProcessReview Process

What’s in it for both the lead What’s in it for both the lead agency and participating agency and participating

agencies?agencies?

Efficient Environmental Efficient Environmental Review ProcessReview Process

180-day Statute of Limitations180-day Statute of Limitations Bars lawsuits after 180-day Bars lawsuits after 180-day

clock runsclock runs Applies to any final federal Applies to any final federal

agency decision on agency decision on transportation projecttransportation project

Publication in Federal Register Publication in Federal Register starts the 180-day clockstarts the 180-day clock

Efficient Environmental Efficient Environmental Review ProcessReview Process

Issue ResolutionIssue Resolution

Efficient Environmental Efficient Environmental Review ProcessReview Process

At any time upon request of At any time upon request of project sponsor or Governor, project sponsor or Governor, lead agency shall commence a lead agency shall commence a meeting with participating meeting with participating agencies to resolve issues that agencies to resolve issues that could delay process or result in could delay process or result in denial of permit or approvaldenial of permit or approval

Efficient Environmental Efficient Environmental Review ProcessReview Process

If issue is not resolved with 30 If issue is not resolved with 30 days, lead agency shall notify: days, lead agency shall notify:

1)1) Heads of participating agenciesHeads of participating agencies

2)2) Project sponsorProject sponsor

3)3) GovernorGovernor

4)4) Senate and HouseSenate and House

and shall publish a notice of non-and shall publish a notice of non-resolution in the federal register.resolution in the federal register.

Efficient Environmental Efficient Environmental Review ProcessReview Process

SummarySummary

Early coordination and early Early coordination and early issue identificationissue identification

Designed to benefit both the Designed to benefit both the lead agency and the lead agency and the participating agenciesparticipating agencies