SAFETEA-LU Efficient Environmental Review Process (Section 6002) Kelly Dunlap

Efficient Environmental Review Process Goal: Streamline the environmental process for transportation projects while ensuring early participation by public and interested agencies

Efficient Environmental Review Process Creates a new category of agencies—”participating agencies” Any federal or non-federal agency that may have an interest in the transportation project

Efficient Environmental Review Process Sec 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 Review Process The efficient environmental review process defines the involvement of participating agencies and public in the environmental review process …and

Efficient Environmental Review Process Encourages and supports concurrent compliance of NEPA with other environmental laws and regulations, such as: Clean Water Act Section 401 & 404 Clean Water Act Section 401 & 404 Endangered Species Act (Federal and state) Endangered Species Act (Federal and state) Section 106 Historic Preservation Act Section 106 Historic Preservation Act

Efficient Environmental Review Process When does this new efficient environmental review process apply?

Efficient Environmental Review Process Process is mandatory for any EIS (environmental impact statement) level project with a Notice of Intent on or before August 10, 2005

Efficient Environmental Review Process Process is optional, at the discretion of FHWA, for any other project

Efficient Environmental Review Process How does this new process work?

Efficient Environmental Review Process Lead agency will determine the appropriate participating agencies and will invite/designate them to be part of the process Done in parallel with invitation to cooperating agencies

Efficient Environmental Review Process Participating agency must accept or decline by deadline (30 days).

Efficient Environmental Review Process If federal agency, then must decline in writing by stating: 1. Agency has no jurisdiction or authority 2. Agency has no expertise or relevant information, and 3. Agency does not intend to comment

Efficient Environmental Review Process Lead agency must develop a coordination plan (this can be done at a program level or for each individual project) Coordination plan may include schedule.

Efficient Environmental Review Process What’s in it for participating agencies?

Efficient Environmental Review Process As early as practicable, lead agency must involve participating agencies in: 1. Purpose and Need 2. Range of Alternatives By providing an opportunity to comment

Efficient Environmental Review Process However, the lead agency shall define the purpose and need and range of alternatives for the environmental document

Efficient Environmental Review Process Also, lead agency shall determine in collaboration with participating agencies the methodologies and level of detail for alternatives analysis

Efficient Environmental Review Process Lead agency shall make available to participating agencies as early as practicable: environmental and socioeconomic impacts within the project area and location of alternatives—can be done with GIS mapping environmental and socioeconomic impacts within the project area and location of alternatives—can be done with GIS mapping

Efficient Environmental Review Process Secretary (FHWA) shall ensure that project sponsor complies with all jointly made design and mitigation commitments

Efficient Environmental Review Process Includes provision to provide funding to agencies (including state agencies) and tribes for activities that meaningfully contribute to expediting the environmental process

Efficient Environmental Review Process What’s in it for the lead agency?

Efficient Environmental Review Process Participating agencies shall identify as early as practicable: any issues regarding project’s environmental and socioeconomic impacts that could substantially delay or prevent granting of permit/approval any issues regarding project’s environmental and socioeconomic impacts that could substantially delay or prevent granting of permit/approval

Efficient Environmental Review Process Lead agency may also elect to develop the preferred alternative to a greater level of detail to assist in the development of mitigation measures (really helps both the lead and participating agency)

Efficient Environmental Review Process If federal participating agency does not issue or deny approval or permit by either: 1) 180 days after FHWA made final decision; or 2) 180 days after lead agency filed application or permit …then

Efficient Environmental Review Process Secretary (FHWA) must file an initial notice of failure of federal agency to make decision to both the Senate and the House..and shall do so every 60 days thereafter until all federal decisions are made

Efficient Environmental Review Process What’s in it for both the lead agency and participating agencies?

Efficient Environmental Review Process 180-day Statute of Limitations Bars lawsuits after 180-day clock runs Bars lawsuits after 180-day clock runs Applies to any final federal agency decision on transportation project Applies to any final federal agency decision on transportation project Publication in Federal Register starts the 180-day clock Publication in Federal Register starts the 180-day clock

Efficient Environmental Review Process Issue Resolution

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

Efficient Environmental Review Process If issue is not resolved with 30 days, lead agency shall notify: 1)Heads of participating agencies 2)Project sponsor 3)Governor 4)Senate and House and shall publish a notice of non- resolution in the federal register.

Efficient Environmental Review Process Summary Early coordination and early issue identification Early coordination and early issue identification Designed to benefit both the lead agency and the participating agencies Designed to benefit both the lead agency and the participating agencies