A library of programmatic agreements developed by transportation agencies to streamline compliance with federal environmental laws was launched Dec. 14 by Center for Environmental Excellence by AASHTO. The Programmatic Agreement Library (PAL) database summarizes information from executed agreements, contains links to the full agreement, and provides ongoing access for practitioners to research agreements that meet specific requirements. The database currently includes agreements in five topical areas: National Environmental Policy Act (NEPA) categorical exclusions; Endangered Species Act Section 7; Section 106 of the National Historic Preservation Act; Section 4(f) of the Department of Transportation Act; and land management. In addition, agreements will be added on Transportation Enhancements. For more information, link to PAL.

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Washington State Governor Christine Gregoire issued findings Dec. 15 on the controversial Alaskan Way Viaduct project, calling for a vote from the citizens of Seattle to address the “political stalemate” on the project. The governor concluded the following: the finance plan for the Elevated Structure Alternative project as described in the draft environmental impact statement (DEIS) is “feasible and sufficient” to complete the project; the finance plan for the Tunnel Alternative as described in the DEIS is not “feasible and sufficient” to complete the project;  with either option, opponents intend to obstruct a path forward through legislative or permitting processes; and to break the stalemate, the voters of Seattle must vote to select either the tunnel or elevated structure with the understanding of the fiscal responsibility for the City. Gov. Gregoire also issued findings on the State Route 520 Bridge Replacement, calling for additional work on funding, design, mitigation and the environmental impact statement.  For more information, link to the news release or to the Alaskan Way Viaduct Project Website.

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The Department of Transportation has updated its website on Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews, including a letter soliciting additional projects to add to its priority project list. The site also provides maps of ongoing priority projects, as well as updates on additional efforts underway. For more information, link to the E.O. 13274 Website. 

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Guidance on conducting environmental reviews for highway and transit projects under Section 6002 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act for the 21st Century was announced by the Federal Highway Administration and the Federal Transit Administration on Nov. 15. The agencies respond to a range of comments received on the proposed guidance. To access the guidance, link to SAFETEA-LU Environmental Review Process: Final Guidance. To access the reponse to comments, link to the Federal Register notice.

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Technologies to Improve Consideration of Environmental Concerns in Transportation Decisions (NCHRP 25-22(02)), continuation of project completed in 2001.  Completed in April 2006.  Research Results Digest 304: Technologies To Improve Consideration of Environmental Concerns in Transportation Decisions.

• Electronic Asset Management System [VIDEO 17 minutes 52 seconds]
• Web-based Environmental Screening Tool [VIDEO 10 minutes 15 seconds]
• Road/Rail Alignment Optimization [VIDEO 14 minutes 25 seconds]
• Integrated Aerial Data Collection [VIDEO 12 minutes 54 seconds]
• NEPA Document Preparation and Review Expert System
  [VIDEO  11 minutes 52 seconds]
• Life Cycle E-Engineering  [VIDEO 11 minutes 8 seconds]
• Interactive Regional Scenario Analysis  [VIDEO 14 minutes 22 seconds]

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FHWA's Negotiated Timeframes Wizard software has been updated to reflect requirements in SAFETEA-LU. The software is designed to help state departments of transportation and resources agencies negotiate timeframes for completing environmental reviews of proposed transportation projects. The Wizard also allows agencies to set project-specific timeframes for completing requirements, track the progress of meeting timeframes, and maintain a history of events. For more information, link to the Negotiated Timeframes Wizard.

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State and local transportation agencies will be able to advance design-build contracts for highway projects prior to completion of environmental reviews mandated by the National Environmental Policy Act under a proposed rule issued May 25 by the Federal Highway Administration. The proposal (71 Fed. Reg. 30100) fulfills a mandate of the the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which specified that FHWA’s regulations “must not prohibit” state and local contracting agencies from issuing request-for-proposals, awarding design-build contracts, and issuing notices-to-proceed for preliminary design work prior to completion of the NEPA process. For more information, access the design/build contracting Federal Register notice.

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The Federal Highway Administration issued a proposed rule and requested comments April 5 on application requirements for the five-state pilot delegation program authorized under Section 6005 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The law allows the secretary of transportation to delegate all or part of the department’s federal environmental review authority for road projects to the state level in five states: Alaska, California, Ohio, Oklahoma, and Texas. SAFETEA-LU required that each of the pilot states submit an application to FHWA, and once the application is approved, a memorandum of understanding or other agreement would be entered into by the state and FHWA.  The proposal specifies what information must be contained in each state’s application, including a list of projects for which the state would request delegation and a list of environmental laws for which the state would seek to assume federal authority. Link to the proposal.

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A review conducted on behalf of the Oregon Department of Transportation evaluates the agency’s Collaborative Environmental and Transportation Agreement for Streamlining (CETAS).  The review found that the CETAS process including early consultation and coordination, monthly technical meetings, and implementation of special projects such as environmental baseline reports and banking programs, can address many sources of project delay. It also provided recommendations for future implementation of the program. For more information, link to: An Evaluation of the Oregon Department of Transportation’s (ODOT) Environmental Streamlining Efforts: A Focus on CETAS [PDF 446kb].

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Guidance on the use of transportation funds to support federal, state, or tribal agency staff for streamlining transportation project reviews was issued by the Federal Highway Administration on March 8. The interagency guidance provides information on implementing provisions of federal law that allow a state to use funds made available to them under SAFETEA-LU or chapter 53 of Title 49 to provide additional resources to federal agencies (including the U.S. DOT), state agencies, and federally recognized Indian tribes participating in the environmental review process. Such funds may only be used “for projects that support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery for projects in that state,” the guidance said. The guidance describes SAFETEA-LU provisions, provides examples of best practices, and provides templates for developing funding agreements. For more information, access Interagency Guidance: Transportation Funding for Federal Agency Coordination Associated with Environmental Streamlining Activities (3/8/06).

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A Jan. 22 workshop titled Managing the NEPA Process for Complex Projects, sponsored by Center for Environmental Excellence by AASHTO and the Transportation Research Board’s Environmental Analysis in Transportation Committee, drew over 100 attendees. Held in conjunction with the 85th annual TRB meeting in Washington, D.C., the workshop included four sessions:

• Getting Started – Laying the Foundation for a Successful NEPA Study.
• Section 6002 of SAFETEA-LU – Using the New Streamlined Process for EIS Projects to Support Efficient and Effective Decision Making.
• Innovative Approaches to Improving NEPA Document Quality and Strengthening Legal Sufficiency – A Dialogue Among Practitioners.
• Staying Ahead of the Curve – Effective Tools to Support NEPA Practitioners.

Additional information, including the agenda, presentations, and reference materials from the sessions may be accessed under Center Products and Programs, Managing the NEPA Process for Complex Projects (2006).

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Over two-thirds of all state DOTs are funding positions at resource and regulatory agencies to help expedite transportation project reviews, according to a report released in January 2006 by Center for Environmental Excellence by AASHTO. The report documents a 2005 survey of state DOTs in which most of the 34 state DOTs that are funding outside positions reported that such arrangements help meet the streamlining goals that were first established in TEA-21 and extended in SAFETEA-LU. Read the report: DOT-Funded Positions and Other Support to Resource and Regulatory Agencies, Tribes, and Non-Governmental Organizations for Environmental Stewardship and Streamlining Initiatives.

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The Federal Highway Administration on Dec. 13 issued guidance on issuing de minimis determinations to fulfill Section 4(f) requirements for impacts to historic properties and parkland under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Issued jointly with the Federal Transit Administration, the guidance provides additional details on using de minimis impact determinations for minor impacts to Section 4(f) resources, a streamlining element of the new federal surface transportation law. View the guidance[PDF 1.12mb].

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Federal highway and transit agencies on Dec. 8 provide clarification on the transition period for planning provisions in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The guidance addresses timing of the new law’s requirements related to development of metropolitan and statewide transportation plans, transportation improvement programs (TIPs), and statewide transportation improvement programs (STIPs). View the guidance.

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A National Cooperative Highway Research Program report documents the outcomes of environmental streamlining pilot projects. The report documents NCHRP project 25-24, which looked at 10 projects in seven states in which a variety of streamlining approaches were taken. A digest of the report may be accessed at the following link: Research Results Digest 300 [PDF 123kb]; for the full report see the following link: Monitoring, Analyzing, and Reporting on the Environmental Streamlining Pilot Projects. [PDF 11.02mb]

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Center for Environmental Excellence by AASHTO sponsored a workshop in October 2005 in which state DOT representatives from around the country met with Federal Highway Administration and Federal Transit Administration officials to review the environmental and planning provisions of SAFETEA-LU. The state representatives’ recommendations from the workshop were outlined in a letter and summary document sent to the federal agencies on Dec. 8. The document may be accessed at the following link: Summary of State DOT Input to FHWA and FTA at SAFETEA-LU Workshop. [PDF 75kb]

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The Federal Highway Administration on Dec. 1, 2005, issued guidance on implementation of the new federal surface transportation reauthorization law's 180-day limit on legal challenges to permits, licenses, and approvals issued by federal agencies for highway or transit projects. Adopted as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the provision applies to final agency decisions, such as a record of decision under the National Environmental Policy Act.  In addition to the guidance, the agency issued a sample Federal Register notice and three model forms to assist the FHWA divisions in preparing the notices for publication.

The documents may be accessed at the following link http://www.fhwa.dot.gov/hep/intgui_limclms.htm. [NOTE: The interim guidance has been superceded by final guidance on SAFETEA-LU Section 6002, issued on Nov. 15, 2006, at http://www.fhwa.dot.gov/hep/section6002/3.htm.

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A review of mitigation strategies for wetlands and habitat impacts for transportation projects was posted on the Web Oct. 10. The report is Task 10 of the National Cooperative Highway Research Program, Project 25-25, a quick-response program set up to respond to the needs of AASHTO's Standing Committee on the Environment. View the report: Alternative Mitigation Strategies/Early Mitigation: Streamlining and Achieving Net Benefits for the Natural Environment. [PDF 812kb]

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An updated version of FHWA's Negotiated Timeframes Wizard software incorporates requirements of SAFETEA-LU related to the environmental review process for transportation projects. The software is designed to help State DOTs and resources agencies negotiate timeframes for completing environmental reviews of proposed transportation projects. The Wizard also allows agencies to set project-specific timeframes for completing requirements, track the progress of meeting timeframes, and maintain a history of events. The updated software will be available in November 2005. Get a list of provisions related to negotiated timeframes. Get more information.

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Information on the highway provisions of the newly reauthorized surface transportation law is available on an Internet site launched by the Federal Highway Administration. The site provides links to the text of the Safe, Accountable, Flexible, Efficient Transportation Equity Act –A Legacy for Users (SAFETEA-LU), as well as fact sheets, summaries, funding tables, and cross references. View the site.

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In an Aug. 17 Web Cast, AASHTO staff reviewed the provision of the SAFETEA-LU transportation reauthorization bill, in particular as compared to AASHTO's policy recommendations. The web cast highlighted areas included environmental streamlining and related environmental provisions. The measure will be discussed in greater detail at the AASHTO Annual Meeting, on Saturday, Sept. 17, in Nashville, TN. View the Web cast archive.

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Congress passed the $286.4 billion highway and transit reauthorization bill on July 29, including provisions intended to streamline environmental reviews for transportation projects along with numerous other environmental provisions. The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) includes provisions that would  clarify transportation agencies’ lead role in the National Environmental Policy Act review process; provide additional delegation of authority to states in the review process; establish a 180-day statute of limitations for legal challenges; revise Section 4(f) review procedures for historic properties and parkland; and add additional flexibility in conducting air quality conformity determinations. The bill also calls for concurrent agency reviews, establishes dispute resolution mechanisms, and sets comment deadlines for agency reviews of environmental documents. View text of the legislation.

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Information and work products from the interagency work groups established under Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews, will be posted under a new link on DOT's E.O. 13274 Web site. The workgroups are focusing on three topics: Project Purpose and Need; Indirect and Cumulative Impacts; and Integrated Planning. View the work group site. The three work group reports may be downloaded from FHWA's Re:NEPA website under Environmental Streamlining and Stewardship, Reference tab.

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The first annual report to the President on implementation of Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews, has been issued by eight federal agencies with a role in reviewing environmental impacts of transportation projects. The report, which provides an overview of the projects designated for expedited review and the progress of interagency policy working groups is posted on DOT's Executive Order website. View the report.

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A new program guidance on linking transportation planning and NEPA has been issued by the Federal Highway Administration. The guidance, issued in the form of a question-and-answer document and accompanying legal opinion, spells out opportunities for use of products of planning in the NEPA process. FHWA said the guidance is intended for use by State Departments of Transportation, metropolitan planning organizations, and transit agencies "to clarify the circumstances under which transportation planning level choices and analyses can be adopted or incorporated into the process required by NEPA. View the text of the guidance and legal opinion from the FHWA Re:NEPA website.

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