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Domestic Scan:

Environmental Commitment Implementation
Innovative and Successful Approaches

CHAPTER 1: INTRODUCTION

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BACKGROUND AND PURPOSE

During the project development process, the environmental impacts of proposed projects are identified and evaluated. These impacts to sensitive resources should be avoided or, if unavoidable, minimized and mitigated. Many decisions are made throughout the project development process in relation to environmental impacts. A project's environmental commitments — which are contained in either the document required by the National Environmental Policy Act (NEPA) or in the project's mandated permits — represent how these environmental impacts will be avoided, minimized, and mitigated. Environmental mitigation and enhancements have become integral parts of the preliminary project-planning component of the NEPA process. However, it is in the implementation of these commitments that the benefits of an environmentally based planning process are realized. State Departments of Transportation (DOTs) offer examples of how best to meet environmental commitments. Often their experience with resource-specific issues and implementation practices has allowed them to gain the trust of the public and resource agencies and to further build on environmental stewardship efforts.

Recognizing this State DOT expertise and the importance of successful implementation of environmental commitments to both transportation and environmental agencies, the Federal Highway Administration (FHWA) sponsored an effort to review and gather best practices in this area. The FHWA Office of Project Development and Environmental Review conducted a domestic scan to review selected successful State processes, procedures, and methodologies for implementing environmental commitments. Between September and December 2002, the domestic scan team participated in four trips and visited seven States.

"It shall be the responsibility of the applicant, in cooperation with the Administration to implement those mitigation measures stated as commitments in the environmental documents prepared pursuant to this regulation."
23 CFR 771.109

The concept for the domestic scan originated from the FHWA's successful International Scanning Tours, which have been used for more than 10 years to share best practices of many aspects in highway projects from around the world. Applying this proven approach at the domestic level enables FHWA to visit, observe, and promote successful processes and procedures in transportation project development and execution.

FHWA's efforts began in 2000 when it facilitated several videoconferences among the FHWA Division Offices to focus on this highly visible area that affects environmental stewardship and streamlining activities. The goal of these videoconferences was to generate Headquarters and field staff awareness and understanding of this important issue and its project-level impacts. Subsequently, FHWA designed the Domestic Scan Tour on Environmental Commitment Implementation (Domestic Scan) to collect, synthesize, and distribute successful and innovative State approaches in promoting and ensuring environmental commitment implementation.

The Domestic Scan supports the Intermodal Surface Transportation Efficiency Act (ISTEA), the Transportation Equity Act for the 21st Century's (TEA-21) Environmental Streamlining mandate, and Executive Order 13274: Environmental Stewardship and Transportation Infrastructure Project Reviews by working to make the transportation decisionmaking and environmental review processes more effective and efficient through communication and stewardship. Damage to human and natural resources should be avoided and minimized if all environmental commitments contained in the environmental documents and permits are carried out consistently. State DOTs can fully embrace environmental stewardship by recognizing the importance of environmental protection as a tool in minimizing impacts and by engaging partners that promote the same stewardship principles. The primary intent of this Domestic Scan Report is to highlight the importance of assuring implementation of environmental commitments and to showcase procedures and best practices. The best practices included in this report will assist States, FHWA Divisions, resource agencies, and the private sector in complying with environmental commitments throughout the entire transportation project development process. Even if resources are limited, States may be able to implement the parts of these best practices that add the most value.

"It shall be the responsibility of the applicant, in cooperation with the Administration to implement those mitigation measures stated as commitments in the environmental documents prepared pursuant to this regulation." 23 CFR 771.109

DOMESTIC SCAN TEAM COMPOSITION

Since both the NEPA decisionmaking process and the issuance of permits involves the coordination of many Federal and State agencies, FHWA made a sincere effort to ensure that the composition of the Domestic Scan Team reflected as best it could a cross-section of those involved in these processes. The Domestic Scan Team was designed to be a cross-functional group and included individuals representing the FHWA Headquarters Office of Project Development and Environmental Review, FHWA Division Offices, State DOTs, the U.S. Environmental Protection Agency (EPA), the U.S. DOT Volpe National Transportation Systems Center, the American Association of State Highway and Transportation Officials (AASHTO), and the American Road and Transportation Builders Association (ARTBA). With expertise in areas ranging from transportation engineering to environmental protection, the Domestic Scan Team was able to address the broad range of issues observed in State transportation programs and projects. In addition, the Domestic Scan Team was able to communicate effectively with a variety of State DOT engineering, planning, design, construction, maintenance, and environmental analysis staff, which aided in the information-gathering process. This integrated approach produced a detailed understanding of how the visited State DOTs operate and how their staff communicate both inside and outside their agencies.

PARTICIPATING STATES

The FHWA Office of Project Development and Environmental Review chose to visit seven States that enthusiastically volunteered to demonstrate their environmental commitment implementation successes. The participating States were Colorado, Indiana, Kentucky, New Jersey, New York, Texas, and Wyoming. The Domestic Scan was divided into four trips: (1) Colorado and Wyoming, (2) New York and New Jersey, (3) Indiana and Kentucky, and (4) Texas. All meetings were held at the respective State DOT offices, with project site visits in Wyoming, New Jersey, Indiana, Kentucky, and Texas.

DOMESTIC SCAN TOUR PROCESS

In advance of each Domestic Scan Team visit, a set of questions was sent to each participating State DOT and their respective FHWA Division Office. This questionnaire (see Appendix A), which presented the issues that the Domestic Scan Team intended to address, was designed to guide the host agencies in preparing for the visit. Agencies were not expected to formally complete the questionnaire. The questions were grouped into several categories, with an emphasis on communication and completion of environmental commitments from project design through maintenance. During the Domestic Scan Team visits, each State DOT demonstrated its approach to meeting environmental commitments by presenting key programs, tracking systems, and guidance materials, as well as exemplary construction projects and transportation enhancements.

REPORT ORGANIZATION

In developing this report, the Domestic Scan Team identified the following 10 common themes that contribute to successful commitment compliance:

  1. Environmental Ethic/Stewardship
  2. Staffing
  3. Training
  4. Guidance Documents
  5. Commitment Assurance
  6. Tracking Mechanisms
  7. Public Involvement
  8. Interagency Coordination
  9. Resource-Specific Initiatives
  10. Tools and Technology

Best practices described in this report offer successful approaches to ensuring commitment compliance and demonstrate the importance of communication and environmental stewardship in the transportation development process.

The report is organized into the following chapters:

  • Chapter 1: Introduction
  • Chapter 2: State Context
  • Chapter 3: Best Management Practices
  • Chapter 4: Conclusions and Recommendations

The Appendices provide the following information:

  • Domestic Scan Questionnaire
  • State Information
  • Additional Nationwide Successes
  • Domestic Scan Team Contact Information
  • Domestic Scan Team Biographical Sketches

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