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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:
The White House Council on Environmental Quality has released several new documents concerning procedures under the National Environmental Policy Act (NEPA) that address categorical exclusions (CEs) as well as new information on environmental impact statement (EIS) timelines. The CEQ published a comprehensive list of all federal agency categorical exclusions currently in effect as a way to identify how similar classes of actions are treated in the CEs established by various agencies. Separately, the CEQ reviewed 1,161 EISs for which a notice of availability of a final EIS was published between 2010 and 2017, and a record of decision was issued by June 7, 2018. The CEQ found that of the 1,161 EISs reviewed, half took longer than three years and seven months to complete; one quarter took more than six years to complete; and one quarter took less than two years and two months to complete. Timeframes from notice of intent to draft EIS stage averaged two years and seven months, from draft EIS to final EIS averaged one year and 5 months, and from final EIS to ROD averaged five months. For more information, link to the categorical exclusions compilation and the EIS timelines information. (12-14-18)
Tools for measuring the impact of public involvement campaigns in order to ensure both success and efficient use of public resources are the focus of research prepared under the National Cooperative Highway Research Program. The goal of the research is to provide transportation agencies with evidence-based guidance on measuring the performance of public engagement in transportation planning and project delivery. The recently-completed research will be used for a final report expected to be issued early next year. For more information, link to NCHRP 08-105. (11-13-18)
The White House Office of Management and Budget has issued a memorandum, in coordination with the Council on Environmental Quality and the Federal Permitting Improvement Steering Council, to provide guidance to federal agencies regarding a performance accountability system for tracking environmental reviews and the decision process for major infrastructure projects. The guidance, intended to further implement Executive Order 13807, requires all agencies that have a role in environmental reviews and permitting for infrastructure to track compliance with the “one federal decision” directive and to have measurable performance goals. Agencies must submit tracking information to the OMB and the Federal Agency Portal of the Permitting Dashboard. For more information, link to the announcement and the memo. (9-26-18)
A report on effective practices in project delivery has been issued by the National Association of City Transportation Agencies. The report describes results of the association’s Green Lights for Great Streets project, which focused on identifying structural challenges faced by city transportation agencies. The project found effective practices included defined and clear processes for implementation, reliable funding sources, and standardized designs. In addition, successful efforts included strategic use of consultants as well as a clear vision, strong political will, and defined measures for success. The project also described implementation efforts in Pittsburgh and San Jose. For more information, link to the report. (9-24-18)
The Federal Transit Administration is receiving expressions of interest in participating in a pilot program for expedited project delivery. The eight projects will be for new fixed guideway capital projects, small starts projects, or core capacity improvement projects. Project sponsors that demonstrate successful past performance will receive, if selected, expedited technical capacity review. The projects must use public-private partnerships, have a federal share not exceeding 25 percent, and be operated and maintained by employees of an existing transit provider. Letters of interest are due Nov. 13. For more information, link to the announcement and the Federal Register notice. (9-12-18)
The Federal Highway Administration has issued a revised question-and-answer guide regarding federally funded early acquisition projects. The guide addresses the acquisition of real property—including a specific parcel, a portion of a transportation corridor, or an entire corridor—in advance of the completion of the environmental review process under the National Environmental Policy Act. The guide includes answers to frequently asked questions and citations to the relevant federal highway regulations. For more information, link to the FAQ guide. (8-16-18)
Statutory provisions have helped speed environmental reviews for transportation projects, but better data is needed to document those improvements, the Government Accountability Office said in a report. For instance, transportation statutes allow liaison positions at resource agencies that focus solely on applications for state DOT projects, which has helped avoid delays in permit and consultation reviews, but federal resource agencies could not provide enough reliable data on the durations of such consultations and reviews. GAO recommended that the U.S. Fish and Wildlife Service and the National Marine Fisheries Service improve their tracking systems and develop internal controls to improve data reliability. For more information, link to the report.
The Federal Transit Administration is seeking input on ways in which the agency and state transportation agencies could speed up project delivery. The FTA is holding a nationwide “online dialog” to reassess the current definition of “federal project” with regard to whether a project or project element qualifies as federally funded, and how that may impact the timely delivery of transit projects. In addition, the agency has announced changes to its reporting requirements and oversight process for transit agencies. These changes were announced in a Federal Register notice. FTA is seeking input from state departments of transportation, transit agencies, transit operators, and other stakeholders. For more information, link to the FTA’s online dialog page. (7-17-18)
The Arizona Department of Transportation (ADOT) has announced its draft application to assume Federal Highway Administration authority to conduct environmental reviews under the National Environmental Policy Act. The agency requests authority over projects that require environmental assessments or environmental impact statements. ADOT currently has responsibility over categorical exclusions through a separate agreement with the FHWA. Alaska, California, Florida, Ohio, Texas, and Utah have already assumed federal authority under the Surface Transportation Project Delivery Program. For more information, link to the announcement and the draft NEPA application. (6-29-18)
The Nebraska Department of Transportation has announced its intention to pursue assignment of Federal Highway Administration authority to conduct environmental reviews under the National Environmental Policy Act. NDOT is pursuing assignment categorical exclusion authority first, followed by full NEPA assignment. NDOT expects NEPA assignment will help expedite project delivery and provide more flexibility in project decision-making, while preserving environmental quality. NDOT expects to receive CE assignment in 2018 and full NEPA assignment in 2019. More information is available on NDOT’s NEPA assignment web page. (7-6-18)
A video released by the Environmental Protection Agency’ Smart Sectors Program highlights best practices in environmental permitting. The video addresses Boeing’s work with the Army Corps of Engineers and South Carolina Department of Health and Environmental Control to gain air and wetlands permits for acquiring additional land for an aircraft facility. South Carolina reduced the average time it takes to obtain a permit by 40 percent, which allowed Boeing to obtain permits in a little over six months. EPA plans to reach permitting-related decisions within six months by Sept. 30, 2022. For more information, link to the announcement and video. (6-26-18)
The Federal Highway Administration has issued a report summarizing a peer exchange held in August 2017 in Cincinnati regarding best practices for integrating performance-based planning and programming (PBPP) into existing transportation planning processes, as required under federal transportation laws. Participants found that the integration of PBPP with multiple state and regional plans may be easier if an agency has an overall strategy, vision, and goals to guide the development. Also, a team to lead the integration and a workgroup to coordinate the use of performance measures could help. Additionally, participants recommended the creation of a governance document to identify roles and responsibilities. The report indicates that participating agencies are facing similar challenges and that knowledge sharing and training would be helpful. Presentations were provided by the Ohio Department of Transportation (DOT) and the Texas DOT. For more information, link to the report. (5-22-18)
A report that describes the benefits of and provides recommendations regarding the federal Environmental Collaboration and Conflict Resolution (ECCR) program has been issued by the Federal Forum on ECCR and the White House Council on Environmental Quality. The report recounts more than a decade of ECCR efforts using neutral, third-party facilitators to work with agencies and stakeholders by using collaboration, negotiation, structured dialogue, mediation, and other processes to prevent, manage, and resolve environmental conflicts. The report says the ECCR program saves time and money, improves relationships between government agencies and stakeholders, and improves outcomes, including within the context of federal infrastructure permitting. The report recommends the continued support and increased use of ECCR for interagency disputes, better stakeholder engagement, and improved rulemaking as well as institutionalization of ECCR funding. For more information, link to the report. (5-2-18)
The Department of Transportation has announced the availability of $1.5 billion in funding under the Better Utilizing Investments to Leverage Development (BUILD) Transportation Discretionary Grants program. BUILD grants will support surface transportation infrastructure and replace the Transportation Investment Generating Economic Recovery (TIGER) program. BUILD projects will be evaluated based on safety, economic competitiveness, quality of life, environmental protection, state of good repair, innovation, partnership, and amount of non-federal revenue. The program requires at least 30 percent of the funding go to development in rural areas. A series of webinars are scheduled, beginning May 24. Applications for fiscal year 2018 are due July 19, 2018. For more information, link to the announcement and the Federal Register notice. (4-27-18)
The Federal Highway Administration has posted several documents aimed at expediting project delivery and permitting for major infrastructure projects. In addition to links to Executive Order 13807 and links to the “One Federal Decision” memorandum of understanding (MOU) and cover memo, the agency posted an additional working agreement under which FHWA and five agencies -- the U.S. Coast Guard, Army Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, and National Marine Fisheries Services -- commit to work together to achieve the goals of the executive order. FHWA also posted a chart that outlines the agencies’ processes, both with and without using the Planning and Environment Linkages (PEL) approach. For more information, link to the One Federal Decision page on FHWA’s Environmental Review Toolkit website. (4-25-18)
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.
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