SAFETEA-LU Section 6002 “ Efficient Environmental Reviews for Project Decisionmaking”

SAFETEA-LU Section 6002 Was intended to make project development a more predictable process Was intended to make project development a more predictable process Supplements existing NEPA regulations Supplements existing NEPA regulations Defines an “environmental review process” which includes NEPA and any environmental permit, approval or licensing process required for a transportation project Defines an “environmental review process” which includes NEPA and any environmental permit, approval or licensing process required for a transportation project Must be used for all EIS projects Must be used for all EIS projects

Section 6002 – Lead Agencies FTA Role FTA Role FTA must be lead agency for projects requiring its approval FTA must be lead agency for projects requiring its approval FTA is expected to guide projects through NEPA process more proactively FTA is expected to guide projects through NEPA process more proactively Transit Agency Role Transit Agency Role Sponsoring transit agency must be joint lead agency with FTA Sponsoring transit agency must be joint lead agency with FTA Sponsoring transit agency now has the statutory authority to prepare NEPA document, as has been the practice Sponsoring transit agency now has the statutory authority to prepare NEPA document, as has been the practice Must provide other agencies with appropriate, timely information about alternatives and impacts Must provide other agencies with appropriate, timely information about alternatives and impacts

Section 6002 – Participating Agencies Include all Federal, state and local agencies and tribes with an interest in project Include all Federal, state and local agencies and tribes with an interest in project Lead agencies must identify and formally invite participating agencies Lead agencies must identify and formally invite participating agencies If invited, a Federal agency must accept unless it relinquishes all rights and authorities over the project (and this won’t happen) If invited, a Federal agency must accept unless it relinquishes all rights and authorities over the project (and this won’t happen) Participating agencies must identify any issues of concern which may substantially delay approval or result in denial of permit Participating agencies must identify any issues of concern which may substantially delay approval or result in denial of permit “Cooperating agencies,” as defined by CEQ, also serve as participating agencies, but have other roles (e.g., they can adopt the EIS) “Cooperating agencies,” as defined by CEQ, also serve as participating agencies, but have other roles (e.g., they can adopt the EIS)

Section 6002 – Project Initiation Sponsor must notify USDOT of the type of work, termini, length, and general location of the proposed action, with a statement of other Federal approvals required Sponsor must notify USDOT of the type of work, termini, length, and general location of the proposed action, with a statement of other Federal approvals required For FTA New Starts, “type of work” may be “fixed guideway transit” for an AA/DEIS For FTA New Starts, “type of work” may be “fixed guideway transit” for an AA/DEIS

Section 6002 – Purpose and Need Lead agencies must provide opportunity for involvement by participating agencies and public in determining the proposed project’s purpose and need Lead agencies must provide opportunity for involvement by participating agencies and public in determining the proposed project’s purpose and need After considering comments, lead agencies decide purpose and need After considering comments, lead agencies decide purpose and need Scoping is not complete until this involvement by participating agencies and public is done Scoping is not complete until this involvement by participating agencies and public is done By law, USDOT’s purpose and need statement may include: By law, USDOT’s purpose and need statement may include: Achieving an objective in a transportation plan Achieving an objective in a transportation plan Supporting local land use and growth objectives Supporting local land use and growth objectives Serving national defense, security needs Serving national defense, security needs

Section 6002 – Alternatives Lead agencies must provide opportunity for involvement by participating agencies and public in determining range of alternatives to be considered in an EIS Lead agencies must provide opportunity for involvement by participating agencies and public in determining range of alternatives to be considered in an EIS Lead agencies must collaborate with participating agencies on impact assessment methodologies and level of detail Lead agencies must collaborate with participating agencies on impact assessment methodologies and level of detail After considering comments, lead agencies decide range of alternatives and methodologies After considering comments, lead agencies decide range of alternatives and methodologies Scoping is not complete until this involvement by participating agencies and public is done Scoping is not complete until this involvement by participating agencies and public is done

Section Preferred Alternative Such designation, initially proposed by the sponsoring agency, must be accepted by FTA Such designation, initially proposed by the sponsoring agency, must be accepted by FTA May be developed to higher level of detail than other alternatives to develop mitigation or to comply with other environmental laws May be developed to higher level of detail than other alternatives to develop mitigation or to comply with other environmental laws FTA must determine that higher level of detail would not prevent an impartial decision among alternatives FTA must determine that higher level of detail would not prevent an impartial decision among alternatives

Section 6002 – Coordination Plan Must be established by lead agencies Must be established by lead agencies Must address participation by other agencies and the public in the environmental review process, including: Must address participation by other agencies and the public in the environmental review process, including: Coordination points or milestones Coordination points or milestones Expected review times Expected review times Communication mechanisms Communication mechanisms May include (must include, for FHWA) a schedule, developed in consultation with participating agencies May include (must include, for FHWA) a schedule, developed in consultation with participating agencies May be incorporated into an interagency MOU May be incorporated into an interagency MOU May be programmatic or project-specific May be programmatic or project-specific May incorporate other agreements (e.g. a 404 merger) May incorporate other agreements (e.g. a 404 merger)

Section 6002 – Project Schedule May be included in the coordination plan May be included in the coordination plan If included, must take into account resources available to other agencies, the size and complexity of the project, the severity of the impacts, etc. If included, must take into account resources available to other agencies, the size and complexity of the project, the severity of the impacts, etc. Schedule may be modified Schedule may be modified by lengthening it only for good cause, and by lengthening it only for good cause, and by shortening it only with the concurrence of the affected cooperating agencies by shortening it only with the concurrence of the affected cooperating agencies FHWA is requiring a schedule even though it’s optional by law; FTA seeks comment on advisability of following suit FHWA is requiring a schedule even though it’s optional by law; FTA seeks comment on advisability of following suit

Section 6002 – Issue Resolution An elaborate, high-level process for resolving interagency disagreements that may cause delay An elaborate, high-level process for resolving interagency disagreements that may cause delay Would only be invoked as an absolute last resort under dire circumstance Would only be invoked as an absolute last resort under dire circumstance Once invoked, periodic reports to congressional committees, the Governor, and CEQ on progress in reaching resolution is required Once invoked, periodic reports to congressional committees, the Governor, and CEQ on progress in reaching resolution is required

Section 6002 – “Tattletale Clause” FTA and transit agency are expected to monitor the performance of other Federal agencies (e.g., Army Corps, U.S. Fish and Wildlife) FTA and transit agency are expected to monitor the performance of other Federal agencies (e.g., Army Corps, U.S. Fish and Wildlife) Those agencies must act on a permit application or other approval request within 180 days of the FTA ROD or receipt of the application (whichever is later) Those agencies must act on a permit application or other approval request within 180 days of the FTA ROD or receipt of the application (whichever is later) If they don’t, FTA must report to certain congressional committees on that agency’s failure If they don’t, FTA must report to certain congressional committees on that agency’s failure FTA and transit agency should work to resolve the delay before reporting becomes necessary FTA and transit agency should work to resolve the delay before reporting becomes necessary

Section 6002 – FTA Assistance to Resource Agencies State Assistance to Other Agencies State Assistance to Other Agencies FTA can approve a State request to fund resource agency activities with project funds FTA can approve a State request to fund resource agency activities with project funds Activities are eligible for funding if they “meaningfully contribute to expediting” the project. Examples include: Activities are eligible for funding if they “meaningfully contribute to expediting” the project. Examples include: Dedicated staffing (at SHPO, Army Corps, U.S. Fish, e.g.) Dedicated staffing (at SHPO, Army Corps, U.S. Fish, e.g.) Training or travel expenses Training or travel expenses Participation in pre-NEPA Alternatives Analyses Participation in pre-NEPA Alternatives Analyses Resource mapping Resource mapping Transit agency that is not a State DOT and wants to use this provision would have to work out an arrangement with the State DOT Transit agency that is not a State DOT and wants to use this provision would have to work out an arrangement with the State DOT

Section 6002 – Statute of Limitations Statute of Limitations Statute of Limitations Applies to decisions by any Federal agency approving or permitting a highway or transit project Applies to decisions by any Federal agency approving or permitting a highway or transit project Bars lawsuits unless filed within 180 days after Federal Register (FR) notice of decision Bars lawsuits unless filed within 180 days after Federal Register (FR) notice of decision Common FTA decisions include NEPA completion, Section 4(f), project-level air quality conformity, and Section 106 (historic preservation) Common FTA decisions include NEPA completion, Section 4(f), project-level air quality conformity, and Section 106 (historic preservation) FTA will be posting final decision documents (RODs and FONSIs) on the FTA website prior to the FR notice FTA will be posting final decision documents (RODs and FONSIs) on the FTA website prior to the FR notice

Section 6002 – What It Means Section 6002 Should: Section 6002 Should: Give the lead agency greater responsibility for overall management of the process Give the lead agency greater responsibility for overall management of the process Ensure all agencies are at the table Ensure all agencies are at the table Ensure a role for agencies and the public in defining P&N and range of alternatives Ensure a role for agencies and the public in defining P&N and range of alternatives Establish a “normal range” for comment periods – while allowing for longer periods Establish a “normal range” for comment periods – while allowing for longer periods

Section 6002 – What It Means Section 6002 Should (cont’d) Section 6002 Should (cont’d) Support concurrent compliance with NEPA and other requirements, such as Sec. 404 Support concurrent compliance with NEPA and other requirements, such as Sec. 404 By allowing more detail for Preferred Alternative By allowing more detail for Preferred Alternative Allow funding for activities that expedite NEPA reviews but occur outside the NEPA process Allow funding for activities that expedite NEPA reviews but occur outside the NEPA process Encourage faster resolution of any litigation after NEPA is complete. Encourage faster resolution of any litigation after NEPA is complete.

Section 6002 – What It Means What Section 6002 Doesn’t Do: What Section 6002 Doesn’t Do: Doesn’t reduce resource agencies’ authority Doesn’t reduce resource agencies’ authority Doesn’t reduce public opportunities for comment Doesn’t reduce public opportunities for comment Doesn’t require “rigid” comment deadlines Doesn’t require “rigid” comment deadlines Doesn’t alter other laws Doesn’t alter other laws Doesn’t magically speed up the process Doesn’t magically speed up the process