The Federal Highway Administration has issued for public comment the first audit of the California Department of Transportation’s (Caltrans) assumption of federal authority for environmental reviews for transportation projects under the pilot program established by Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).  The audit report, to be published in the June 2 Federal Register, finds that Caltrans has made “reasonable progress in implementing the start-up phase of Pilot Program operations and Caltrans is learning how to operate this new Pilot Program effectively.”  The audit – which covers the first six months of the program – reviews the pilot program’s compliance with criteria established in the FHWA/Caltrans memorandum of understanding. For more information, link to the Federal Register notice. (6-2-08)

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A report issued by the U.S. Government Accountability Office shows some progress by state transportation agencies in implementing streamlined planning and environmental review processes enacted under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The report, which summarizes findings of a study conducted by GAO at the request of U.S. Senator James Inhofe, also concludes that it will be several years before the full impact of the changes can be determined. For more information, link to the cover letter and briefing report, Highways and Environment: Transportation Agencies are Acting to Involve Others in Planning and Environmental Decisions. (4-25-08)

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The Utah Department of Transportation would assume federal authority for determining whether projects may be categorically excluded from environmental reviews under the National Environmental Policy Act, under a proposed memorandum of understanding published in the April 10 Federal Register. State assumption of authority for CEs was established under Section 6004 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (P.L. 109-059).  It is one of several SAFETEA-LU provisions intended to streamline the review process for projects under NEPA. The proposed MOU may be accessed on the Web at http://www.udot.utah.gov/go/environmental. The Federal Register notice may be accessed at http://edocket.access.gpo.gov/2008/pdf/E8-7572.pdf. (4/10/08)

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A memorandum from Federal Highway Administration headquarters to its division offices clarifies when a final NEPA approval can be made "in relation to specific transportation planning and air quality conformity regulations, with a particular emphasis on fiscal constraint." It addresses requirements related to the metropolitan transportation plan, the statewide long range transportation plan, the statewide transportation improvement program, and transportation conformity. The memo also includes a separate document with project examples regarding fiscal constraint and NEPA approvals. For more information, link to the FHWA e-mail memo, Transportation Planning Requirements and Their Relationship to NEPA, and Project Examples Regarding Fiscal Constraint and NEPA Approvals. (January 2008)

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Information about the Nonmotorized Transportation Pilot Program established under Section 1807 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) is available on the SmartMobility website. The program introduced a network of nonmotorized transportation infrastructure facilities in four selected communities that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. The website includes details about each of the four pilot communities: Columbia, Mo.; Marin County, Calif.; Minneapolis, Minn.; and Sheboygan County, Wisc. For more information, link to SmartMobility. (3-25-08)

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The Federal Highway Administration has issued an interim report to Congress on implementation of the Nonmotorized Transportation Pilot Program (NTPP) established under Section 1807 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The report describes the progress and initial results of efforts by FHWA and four selected communities to construct a network of nonmotorized transportation infrastructure, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, to promote bicycling and walking and reduce congestion. For more information, link to the Interim Report to the U.S. Congress on the Nonmotorized Transportation Pilot Program SAFETEA-LU Section 1807 on FHWA’s Bicycle & Pedestrian Program website. (1-9-08)

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The Center for Environmental Excellence by AASHTO has produced a new Practitioner's Handbook with advice on implementing the environmental review procedures established under Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This handbook provides compliance advice as well as tips for process streamlining.  For more information, link to Practioner's Handbook #9, Using the SAFETEA-LU Environmental Review Process (23 U.S.C. 139). 
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The Federal Highway Administration has published a final rule that amends its regulations for design-build contracting to implement provisions of Section 1503 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The rule broadens the types of preliminary design activities that state and local contracting agencies may undertake prior to completion of the NEPA review process to include issuing request-for-proposal documents, awarding design-build contracts, and issuing notices-to-proceed for preliminary design work. Final design activities and construction are still prohibited prior to completion of the NEPA process. For more information, link to the Design-Build Contracting Final Rule. (8-14-07)

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A proposed rule published by the Federal Transit Administration and the Federal Highway Administration would revise the joint FTA/FHWA procedures for implementing the National Environmental Policy Act (NEPA). The proposal would set forth additional requirements for environmental review and project decision-making for highway and public transit projects, pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The proposal also would add new categorical exclusions from the NEPA process and make minor clarifying changes. Comments are due Oct. 9, 2007. For more information, link to the Environmental Impact and Related Procedures Proposed Rule. (8-7-07)

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The Federal Highway Administration is requesting applications from state departments of transportation for participation in the Surface Transportation Project Delivery Pilot Program established under Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The pilot program provides for up to five states to assume responsibility from the agency for environmental review, consultation, and other actions in connection with the review or approval of highway projects. The states of Alaska, California, Ohio, Oklahoma, and Texas were initially given priority for participation in the pilot program; of those states, Ohio and Texas have declined to participate. The agency currently requests applications from all other states for participation in the pilot program. The deadline for letters of interest is Sept. 7, 2007. For more information, link to the Federal Register notice. (7-9-07)

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