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This section describes recent developments related to project delivery/streamlining from the last six months. If you would like to suggest a recent development on this topic, please submit a short description to AASHTO (including any pertinent links) on the Share Info with AASHTO form.
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View the most recent issues of FHWA's Successes in Stewardship Newsletter highlighting current environmental streamlining practices from around the country:
Eleven federal agencies have signed a memorandum of understanding to streamline environmental reviews for major infrastructure projects. Under the One Federal Decision MOU, a single federal agency will be responsible for navigating projects through the environmental review and permitting process, with written concurrence from other agencies at designated points, as well as timetables and dispute resolution procedures. Under the agreement, which implements Executive Order 13807, agencies agreed to a goal of completing each project’s permitting and review process within two years. For more information, link to the announcement and to the memorandum. (4-9-18)
AASHTO has issued a “first take” on the federal infrastructure plan and budget request proposed by the Trump Administration Feb. 12. The assessment highlights the President’s permitting improvement proposals in order to speed project delivery, many of which are consistent with a set of recommendations AASHTO issued in July 2017. The President’s proposal includes establishing a “one agency, one decision” environmental review structure, reducing inefficiencies in environmental reviews, requiring a single environmental review document and record of decision, and specifying that alternatives outside an agency’s authority are not feasible alternatives. The proposal also includes ways to reduce redundancy and duplication, add more flexibility in the environmental review process, and further integrate transportation planning and environmental review. In addition, AASHTO summarizes the budget proposal and proposed transportation policy changes. For more information, link to AASHTO’s assessment. (2-13-18)
Ways the Federal Highway Administration’s legal staff can help support project development and delivery are highlighted in the January 2018 issue of the agency’s Successes in Stewardship newsletter. The issue highlights how the agency’s legal services division assists with legal sufficiency reviews and preparation of environmental documents, in addition to working alongside the Department of Justice in defense of legal challenges. For more information and details on working with FHWA’s legal staff, link to the newsletter. (2-12-18)
Key takeaways from 2017 on accelerating transportation project delivery and improving environmental outcomes are included in the December 2017 issue of the Federal Highway Administration’s Successes in Stewardship newsletter. The issue pulls together examples reported in each issues of the monthly newsletter in 2017, including quarterly “Back to Basics” issues focused on environmental review process efficiencies. In 2017 those issues focused on Section 106, improving the quality of environmental documentation, bridge permitting, and ESA Section 7 consultations. The December issue also highlights various tools and mechanisms to increase project delivery efficiencies, including integrating NEPA and permitting, using programmatic approaches, and emphasizing resiliency. The issue also highlights projects that were honored with FHWA’s 2017 Environmental Excellence Awards. For more information, link to the newsletter. (12-18-17)
The Pennsylvania Transportation Innovation Council has received an award for excellence in innovation by the American Association of State Highway and Transportation Officials Innovation Initiative and the Federal Highway Administration's Center of Accelerating Innovation. The council has been recognized for its efforts in advancing adaptive signal control technology, high-friction surface treatment, and accelerated bridge construction methods. The council also conducted demonstrations concerning new road technologies and products and launched a campaign to understand the most pressing transportation issues for local governments. For more information link to the announcement. (11-13-17)
A Federal Highway Administration memo offers a “refresher” on existing regulations that govern utility accommodation and uses of highway right-of-way (ROW). The memo addresses the recent increase in demand for use of highway ROW, including accommodation of wireless infrastructure and communication technology. The memo states that FHWA has determined use of highway ROW to be in the public interest, and it describes requirements agencies must meet to preserve operational safety and aesthetic quality of highway facilities. Any non-highway use of ROW requires a ROW use agreement and approval by FHWA. For more information, link to the memo. (10-26-17)
The consultation process established under the Endangered Species Act is addressed in the October issue of Federal Highway Administration’s (FHWA) Successes in Stewardship newsletter. The process is used to ensure that any projects carried out will not jeopardize species or impact critical habitat by requiring collaboration between various agencies. The newsletter highlights the importance of communication and timing for ensuring that all relevant parties are involved and that projects are not delayed. The newsletter also addresses each step of the process which includes identifying the action area and requesting a species list; assessing whether the action will affect resources from the species list; understanding potential adverse effects of the project; and formal consultation with the National Marine Fisheries Service and the Fish and Wildlife Service. For more information, link to the newsletter. (October 2017)
Federal highway, transit and rail agencies have proposed a pilot program that would allow up to five states to conduct environmental reviews and make project approval decisions under their own state environmental laws instead of the National Environmental Policy Act (NEPA). Proposed jointly by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration, the program would only apply to states that already have been assigned federal environmental review authority for highway projects. States also must have environmental review laws that are comparable to or more stringent than NEPA. For more information, link to the proposal. (9-28-17)
Federal highway, transit, and rail agencies have issued a supplemental proposed rule that would revise the joint FHWA/FTA procedures that implement the National Environmental Policy Act (NEPA) and Section 4(f) of the Department of Transportation Act. The original proposal would revise an exception for park road parkway projects to apply to federal lands transportation facilities, address advance acquisition of real property interests, and expand the emergency actions covered by categorical exclusions. The supplement would add the Federal Railroad Administration to Section 4(f) regulations. The supplement also would update the FHWA/FTA's regulations due to new exceptions created by the Fixing America’s Surface Transportation Act. The agencies also are seeking comments regarding the current FHWA and FTA definition of “existing operational right-of-way” in their respective categorical exclusion sections. Comments are due Nov. 28. For more information, link to the notice. (9-29-17)
The Department of Transportation has released a report to Congress concerning Section 1317 of the Fixing America’s Surface Transportation (FAST) Act, which addresses the acceleration of project delivery while improving environmental outcomes under the National Environmental Policy Act. The report addresses the use of technology in environmental reviews, prioritization of programmatic environmental impact statements, methods to encourage agencies to present analysis in a clear manner, and improvements to modernize process implementation. For more information, link to the report. (1-19-17)
Featured Case Study
The Maine DOT adopts a programmatic approach to ensure vital protections for the endangered Atlantic salmon, while cutting project-approval times.
Read Case Study >Photo: U.S. Fish and Wildlife Service
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