National Environmental Streamlining Initiatives
REPORT TO CONGRESS
ON FEDERAL HIGHWAY ADMINISTRATION ENVIRONMENTAL STREAMLINING
ACTIVITIES DURING 2002
Federal Highway Administration
April 2003
Introduction
As directed in the report accompanying the Department of Transportation and
Related Agencies Appropriation Act, 2003, the Federal Highway Administration
submits this status report on environmental streamlining to the Congress.
During 2002, the Federal Highway Administration pursued environmental streamlining
on multiple fronts. While building on earlier efforts to advance a broad
based interagency agenda, FHWA also took aggressive steps to heighten the
visibility of environmental streamlining and to create a specific performance
based set of expectations for implementing environmental streamlining. Of
particular note are (1) the issuance of a new executive order addressing environmental
streamlining and FHWA's role in its implementation and (2) the development
of a targeted performance-based agenda on environmental stewardship and environmental streamlining as part
of FHWA's Vital Few Goals effort. The following sections of this report provide
details on these and other efforts to advance environmental streamlining.
Raising Visibility and Creating a Sense of Urgency
Executive Order. On September 18, 2002 President Bush signed Executive
Order 13274, "Environmental Stewardship and Transportation Infrastructure
Project Review." This executive order establishes an interagency task force
to explore environmental stewardship opportunities, improve environmental
review processes, and oversee specific projects on a priority list selected
by the Secretary of Transportation. The executive order is multimodal in
scope and has a strong positive effect on environmental streamlining for the
highway program. FHWA was an active participant in the discussions that led
to the issuance of the executive order and has taken a lead role in implementing
many of the activities under the executive order. The executive order has
raised the visibility of environmental streamlining among high-level officials
in the executive branch agencies. This raised visibility is evidenced by
reports from the interagency task force agencies that environmental streamlining
in transportation projects has been placed as an on-going agenda item for
executive and senior staff and they are actively seeking ways to promote program
efficiencies in the field.
The Department of Transportation has thus far convened an organizing meeting
for the interagency task force (on November 22, 2002) and two regular meetings
(January 30, 2003 and March 4, 2003). Progress to date has focused on selection
and oversight of projects on the priority list. Secretary Mineta selected
13 projects for the priority list; of these 10 are highway projects. Designation
of these projects has already begun to create a greater sense of urgency among
field staff of the various agencies to resolve outstanding issues. Further
details on the executive order and implementation activities can be found
at www.fhwa.dot.gov/stewardshipeo/eo13274.htm.
FHWA Vital Few Goals. In conjunction with FHWA's performance planning
efforts under the Government Performance and Results Act, FHWA Administrator
Mary Peters launched an effort that identified and articulated Vital Few Goals,
priority areas for FHWA action on a nationwide basis. Environmental stewardship
and environmental streamlining is one of the three Vital Few Goals. During
2002, FHWA developed a specific set of agencywide performance expectations
for the environmental stewardship and environmental streamlining Vital Few
Goal. These performance expectations focus on improving the quality and timeliness
of the environmental review process and on clearly demonstrating environmental
stewardship accomplishments. For example, a study of the timetable for environmental
reviews was conducted in 2002 and a follow-up assessment will continue in
2003. FHWA has put in place a process for generating and monitoring project
schedules to keep projects moving and on track for timely completion. More
information on this effort is available at www.fhwa.dot.gov/environment/strmlng/essovervw.htm.
Solidifying Interagency Partnerships
Executive level interagency task force. The interagency task force
created under Executive Order 13274 has provided for the first time a continuing
forum for engaging executive representatives of the Federal agencies most
involved in environmental streamlining. While the focus of the task force's
work so far has been oversight of the designated priority projects, the task
force has begun crafting a broader agenda that also looks at systemic changes
in environmental review policies and procedures and at environmental stewardship
opportunities. FHWA has played a prominent role in the review of nominated
projects for selection by the Secretary, in the management of selected projects
and in shaping the agenda for the interagency task force.
National environmental streamlining action plan. Working through
a staff level Federal interagency workgroup, in 2002 FHWA developed a national
action plan which outlines activities to streamline environmental initiatives
including: expedited reviews, flexible mitigation, cross-training, evaluation
measures, and dispute resolution. The items on the action plan will lead
to reduced timelines, improved interagency coordination, enhanced environmental
outcomes, and cost savings. The action plan is available at www.fhwa.dot.gov/environment/strmlng/actionplan2.asp.
Field level environmental summits. The FHWA Eastern, Southern, and
Western Resource Centers held regional conferences in 2002, bringing together
representatives from Federal, state, and local transportation, planning, and
resource agencies, local governments, Metropolitan Planning Organizations
(MPOs), transportation and environmental organizations, tribes, and consultants
to discuss relevant issues and identify opportunities for improvement. Results
of the summits were distributed via the Successes in Stewardship Monthly
Newsletter (September 2002). The sharing of solutions and integration of
efforts found within each regional conference advances streamlining through
an emphasis on process improvements.
Interagency training on environmental streamlining. The Federal
interagency workgroup has collaborated in organizing a series of environmental
streamlining workshops aimed at getting field staff of each Federal agency
aligned with the national agenda. FHWA sponsored the U.S. Army Corps of
Engineers workshop held in September 2001, the Environmental Protection Agency
workshop in December 2002, and a combined Fish and Wildlife Service and National
Marine Fisheries Service workshop to be held in May 2003. These workshops
have been a good forum for sharing the national vision, identifying issues
that cause interagency conflict, and sharing innovative practices from around
the country. Furthermore, they have promoted the concepts of coordination
and process efficiencies in the environmental review of transportation projects.
Reengineering the Environmental Review Process
Nationwide Section 4(f) evaluation. FHWA and the Federal Transit
Administration published for comment in the Federal Register on December 18,
2002 a proposed nationwide Section 4(f) evaluation for net benefits. Once
finalized, this will allow for expedited processing of situations in which
the transportation agency and official with jurisdiction over the Section
4(f) property can agree that the proposed mitigation package actually results
in a net benefit to the property. This will lead to enhanced environmental
and cultural resource outcomes while reducing environmental review times.
U.S. Coast Guard exemption from Section 4(f). FHWA worked with the
U.S. Coast Guard to review changes in agreements, policies, and operating
procedures brought about by the Coast Guard's move to the Department of Homeland
Security. While most of the processes will remain unchanged, the Coast Guard
has determined that Section 4(f) will no longer apply to bridge permits issued
by the Coast Guard. The Coast Guard Office of Bridge Administration has notified
Coast Guard district offices of this change and has developed a transition
strategy.
Ohio programmatic Section 4(f) evaluation. Ohio is the only state
that has implemented a Section 4(f) programmatic evaluation that allows the
state transportation agency (ODOT) to decide whether programmatic Section
4(f) evaluations apply to projects. The FHWA Ohio Division, which retains
its legal Section 4(f) authority, will receive and may review each ODOT decision.
Finalized in September 2002, the Ohio DOT has recently conducted the in-house
training needed to make the new process fully operational. The FHWA-ODOT
Section 4(f) programmatic evaluation has been estimated to save the FHWA Ohio
Division 80 hours of staff time per project, which can be used to monitor
the Section 4(f) process and conduct Section 4(f) training. It has also resulted
in reduced project delivery time for ODOT. If successful, FHWA will promote
it as a model for other states.
Kentucky historic preservation programmatic agreement. Kentucky FHWA,
following the lead of a successful Vermont programmatic agreement, has entered
into a similar programmatic agreement with the Kentucky Transportation Cabinet
(KYTC), the State Historic Preservation Officer and the Advisory Council on
Historic Preservation. This agreement sets out the coordination responsibilities
for all parties and delegates most of the day-to-day activities for Section
106 consultation to the KYTC. The programmatic agreement streamlines the
Section 106 process by giving KYTC the primary authority to identify historic
properties and assess effects, thus reducing the time required for multiple
agency review and sign-offs.
Issuing Guidance to Enhance Process Predictability
Reimbursement of Resource Agencies. Through the active encouragement
and participation by FHWA, many state DOTs are using interagency funding agreements
to hire additional staff at state and Federal resource agencies. On February
26, 2002, FHWA issued guidance on funding eligibility, model agreements, and
ensuring accountability. This guidance, titled "Interagency Guidance: Transportation
Funding for Federal Agency Coordination Associated with Environmental Streamlining
Activities" can be found at www.fhwa.dot.gov/environment/strmlng/igdocs/index.asp.
Interagency staff funded in accordance with this guidance are dedicated to
reviewing transportation projects and making permit decisions. As of August
2002, over half of all state DOTs fund or provide over 160 dedicated transportation
positions nationwide. According to some reports, funded positions have had
a measurable impact in reducing the time it takes to complete environmental
reviews on specific projects, while helping state DOTs develop quality transportation
and environmental solutions at less cost. In South Carolina, for example,
the US Army Corps of Engineers review of Section 404 permits was reduced
by 30 percent for most projects, and State Historic Preservation Office Section
106 review time was reduced from 30 to 7 days for most projects.
Interagency collaboration and conflict management. On December 31,
2002 FHWA issued guidance on interagency collaboration methods. This guidance,
"Collaborative Problem Solving: Better and Streamlined Outcomes for All,"
is one element of FHWA's national dispute resolution system and presents strategies
for interagency collaborative problem solving by identifying issues that may
arise during the transportation project development and environmental process
reviews under the National Environmental Policy Act (NEPA) and related laws.
The guidance document can be found at http://nepa.fhwa.dot.gov/ReNepa/ReNepa.nsf/.
Indirect and cumulative effects. On January 31, 2003 FHWA issued
interim guidance that focuses attention on the existing NEPA requirements
specific to indirect and cumulative impacts and represents an initial step
in FHWA's overall strategy to address the indirect and cumulative impacts
policy, guidance, and training needs of the agency. The guidance serves as
an information tool for both FHWA Divisions and state DOTs and will lead to
an increased understanding and improved efficiency by assisting them in negotiating
reasonable bounds on impact analyses with resource agencies. The interim
guidance is at www.fhwa.dot.gov/environment/guidebook/qaimpactmemo.asp.
Evaluating the Performance of Environmental Streamlining
Study of Timeliness of EISs since the Passage of NEPA. FHWA
has supported two major inquiries into the question of "How long does the
environmental process for transportation projects take?" The first, entitled
"Evaluating the Performance of Environmental Streamlining: Development of
a NEPA Baseline for Measuring Continuous Performance," examined the durations
of 100 transportation projects from the 1970s, '80s, and '90s, measured from
the start of the environmental process to the completion and approval of each
project's Final Environmental Impact Statement. For these 100 projects, the
average length of time for preparing an EIS pursuant to NEPA was 3.6 years
(approximately 43 months). The study report is available at http://www.fhwa.dot.gov/environment/strmlng/baseline/index.asp.
Following the above "Baseline Study," a second investigation was conducted,
and is currently in its concluding stages. This "phase II" study examined
over 240 transportation projects from across the country whose EISs were completed
between the years 1995 and 2001. The study's preliminary results show an
average time for EIS completion of 5.1 years (approximately
61 months), or a gain of 18 months over the average time for the projects
prepared examined in the initial Baseline Study.
The "phase II" NEPA Baseline Study contains an examination of a number
of variables effecting the NEPA EIS process for their impact to the process's
delivery time. The results of this investigation are forthcoming.
A collection of 8 case studies of projects that completed their EISs in
less than three years has been completed as a presentation of a number of
"best practices" that can contribute to an effective delivery of a project's
NEPA process. The case studies will soon be available on the FHWA environmental
streamlining website.
Creation of an automated data system to track time frames for EISs and
EAs. FHWA developed and implemented an internal environmental document
tracking system (EDTS) for Environmental Assessments (EA), and Environmental
Impact Statements (EIS) to support FHWA's environmental streamlining performance
expectations under the Vital Few Goals. EDTS will aid FHWA's ability to monitor
project progress between major milestones, and to accurately determine the
total processing time from initiation of an EIS and EA to the approval of
the final decision document. The system was implemented in 2002; data entry
in each of the FHWA division offices is ongoing. The ability to accurately
track the length of time required to complete the NEPA process is an essential
component of the environmental streamlining performance measure and will assist
FHWA identify some of the factors that may affect the efficiency of NEPA project
delivery.
Perception survey of transportation and environmental agency staff.
FHWA has contracted with the Gallup Organization
to conduct a survey of personnel in both transportation and resource agencies
from around the nation. The purpose of the survey is to ascertain the perceptions
of key participants in the transportation project development process, and,
by means of applying scientifically reliable and valid survey methods, explore
how stakeholders in the process view the quality of the environmental work
and services performed by their counterparts. The Gallup Organization will
utilize its expertise in the field of survey research to: measure the performance
of agencies involved in environmental streamlining in order to provide a benchmark
for agencies to gauge their own performance and that of the project development
process itself; and to focus on areas where improvement may be needed. The
survey is partially complete; results are expected in the Summer of 2003.
Institutionalizing Dispute Resolution
Partnership with Institute for Environmental
Conflict Resolution. The 1998 Environmental Policy and Conflict Resolution
Act created IECR, which is part of the Morris K. Udall Foundation. IECR helps
Federal agencies and other involved parties manage and resolve Federal environmental,
natural resource, and public lands disputes by providing services such as
case consultation, conflict assessment, process design, facilitation, and
mediation. More information on IECR can be found at their web site at http://www.ecr.gov.
FHWA partnered with IECR to meet the mandate
set forth in Section 1309(c) of TEA-21 to create dispute resolution procedures
as part of a national environmental streamlining initiative. FHWA and IECR
have been working effectively together since 1999 to develop and implement
the four components of the dispute resolution system, described below. The
dispute resolution system is intended to assist the agencies to quickly and effectively focus on the pertinent project
issues, save time, and avoid the costs of potential litigation.
Roster of qualified neutral facilitators.
As part of the FHWA/IECR collaborative partnership, a transportation roster
was created that is comprised of dispute resolution professionals with experience
in NEPA and transportation projects. The roster is managed by the U.S. Institute
for Environmental Conflict Resolution, with financial support by FHWA to help
cover administrative costs. These professionals can provide services such as conflict
assessment, facilitation of interagency partnering agreements, design of conflict
management processes, and mediation of disputes. Project
sponsors contact IECR to access the transportation roster, and then negotiate
contracts and pay for the costs of the transportation roster members' services
directly. Recently, FHWA and transportation sponsors have used the transportation
roster to provide facilitators for three of the priority projects designated
under Executive Order 13274.
Guidance on interagency conflict management.
This FHWA guidance, described above under the "guidance"
heading, offers a range of optional tools agencies can use to manage conflicts
and resolve disputes during the transportation project development and environmental
review processes. It also constitutes the key reference document used in
the interagency workshops described below.
Interagency conflict management workshops.
The FHWA dispute resolution system includes a series of customized facilitated
interagency workshops in each of the 10 standard Federal regions. The workshops
were developed during 2002 and will be held from May to December 2003. Skills
gained at the workshops will help practitioners from the various agencies
to better identify environmental review issues, negotiate time frames and
work through disagreements using interest based negotiating.
Section 1309 elevation procedures. Based
on recommendations from an IECR facilitated process, FHWA designed an elevation
procedure to operationalize the dispute resolution provision of section 1309
of TEA-21. Under the elevation procedure, the Governor, the FHWA Division
Administrator or the FTA Regional Administrator may initiate the process of
elevating disputes to the Secretary of Transportation. The elevation procedure
is currently being finalized for issuance as a Department of Transportation
order. A draft of the elevation procedure is at www.fhwa.dot.gov/environment/strmlng/npdjan22.htm.
Supporting State Environmental Streamlining Efforts
American Association of State Highway and Transportation Officials (AASHTO)"Center
for Environmental Excellence." AASHTO launched the Center in 2002 with
technical and financial assistance provided by FHWA. The Center's mission
is to assist AASHTO's member organizations with implementing environmental
stewardship into their various practices and procedures, and promoting innovative
streamlining of the project delivery process. AASHTO expects that the results
of this assistance will be beneficial to state transportation agencies and
also supportive of FHWA's work in protecting and enhancing the environment.
Florida Department of Transportation's
"Efficient Transportation Decision Making (EDTM) Process." FHWA
provided leadership, technical, and financial support to FDOT for use in continuing
the development of this model for involving Federal and state agencies in
the transportation development process. The EDTM process will link land use,
transportation, and environmental resource planning through early and continuous
agency, general public and Native American involvement in planning, project
development, and environmental decisions. It uses the latest in information
technology to facilitate timely comments from participating agencies and to
maintain a record of coordination.
Currently, the Master Agreement for the EDTM and a number of agency agreements
have been, or are being, finalized. Several of the agency agreements have
been co-signed by Florida's Secretary of Transportation, the FHWA Division
Administrator, and the heads of the respective agencies. Materials in the
form of guidance and procedural manuals are in the final stages of completion.
Training in the EDTM for four of seven FDOT districts began in February 2003
and will be on going until all districts have completed the training course.
The EDTM process is planned to begin implementation during the summer of 2003.
North Carolina Department of Transportation's "Ecosystem Enhancement Program
(EEP)." NCDOT, in partnership with the North Carolina Department of Environment
and Natural Resources (DENR) and the U.S. Army Corps of Engineers (USACE)
Wilmington District, is developing the EEP for the purpose of changing the
way agencies consider and apply mitigation for impacts to wetlands throughout
the State. FHWA has supported the development and implementation of the EEP.
To date, EEP-related activities include the organization and creation of
a "core staff," as per agreement between NCDENR and NCDOT; continuing the
development of methodologies for Watershed Needs Assessment and functional
assessment for streams and wetlands; further development of elements of the
EEP education/outreach plan, including the EEP web-page, newsletter, and the
Policy-Process-Procedure manual.
Kentucky Transportation Cabinet's "Historic Preservation Work Group."
During June of 2002, AASHTO, the National Council of State Historic
Preservation Officers, the National Trust for Historic Preservation, and other
stakeholders including FHWA convened a conference on Historic Preservation
in Lexington, KY. A part of the conference's agenda was concerned with streamlining
the historic preservation review process for transportation projects. As
a result of this and other conference matters, a problem-solving historic
preservation workgroup was established with the Kentucky Transportation Cabinet
(KYTC) serving as the lead state. FHWA contributed funding to assist the
KYTC in this role and staff to participate in the effort. The historic preservation
work group has identified several issues for exploration, including the use
of geographical information systems for the establishment of a national database
for historic properties.
Texas Department of Transportation's "Environmental Streamlining Pilot
Project for the I-69 Corridor Study." The I-69 Corridor Study
is a priority corridor, identified as such in both the Intermodal Surface
Transportation Efficiency Act (ISTEA) and the Transportation Equity Act for
the 21st Century (TEA-21). The Texas portion of the corridor is
also a priority project under Executive Order 13274. Approximately 1,000
miles of the I-69 corridor are located within Texas, confronting a diversity
of social, economic, and environmental issues. The Texas Department of Transportation
(TxDOT) plans to concurrently advance 14 independent segments of the Corridor
through the project development decision-making process, each with a separate
environmental impact statement.
Because of the complexity of the concurrent project development process,
FHWA has provided environmental streamlining funds for support and assistance
of the Streamlining Pilot Project. TxDOT and FHWA, in collaboration with other
Federal and state agencies, have been developing methodologies and practices
for streamlining the transportation and environmental decision-making process
for the Corridor projects. The products of the Pilot Project include the
following materials, activities, and procedures:
- Geographic Information System (GIS) inventory of environmental resources
- the baseline database is close to completion; when finished, baseline
assessments for screening and prioritizing of resource concerns in the Corridor
segments can commence.
- Establishing an Environmental Leadership Group - The Group's charge is
to create an interagency scoping team whose purpose is identifying and ranking
ecological resources across the state. The prioritization of these resources
has led to increased collaboration among transportation and resource agencies
in managing ecosystems. In the case of I-69, the Corridor Technical Advisory
Committee and the Texas Parks and Wildlife Department have identified specific
tracts of property for use as sites for planning and implementing mitigation
for project -related impacts.
- Coordination with Stakeholders - Participation in the Pilot Project by
various agencies and interested parties, including the Environmental Protection
Agency, the Army Corps of Engineers, the Fish and Wildlife Service, and
Native American groups, is an important element of the Project's success.
Several funding agreements between these parties and FHWA/TxDOT have been
prepared in coordination with and support of the I-69 Process Manual, a
special document developed to guide the environmental review process for
the 14 corridor EISs .
Alaska Department of Transportation & Public Facilities' "Habitat
Connectivity GIS Database & Mapping." Habitat fragmentation caused
by highway development is a serious concern in many parts of the United States.
In the Pacific Northwest, for example, many critical habitat corridors coincide
with major transportation facilities. Alaska's highways, while fewer in comparison
to those in the Lower 48, are mostly two-lane with low traffic volumes. These
types of highways generally place limited restrictions on the movement of
large mammals. As traffic increases, these two-lane highways are being upgraded
with wider shoulders, passing lanes, and additional driving lanes. These
features can result in serious harm to wildlife by creating obstacles to migration.
Working in conjunction with the U.S. Bureau of Land Management, the U.S.
National Park, Fish & Wildlife, and Forest Services, the Alaska Departments
of Natural Resources and Fish and Game, and the Alaska Railroad Corporation,
the Alaska Department of Transportation & Public Facilities (ADOT&PF)
is developing a geographical information system (GIS) database for use in
mapping wildlife habitats. The database and habitat mapping will be used
for assessing the potential effects of transportation projects (specifically
the Parks Highway corridor) on habitat connectivity, and for addressing appropriate
mitigation measures early in the project development process. FHWA has provided
funding support for this application of technology for streamlining the transportation
project development process.
Montana Department of Transportation's "Evaluation of Wildlife Crossing
Structures on U.S. Highway 93, Phase I." The Montana Department
of Transportation (MDOT) is conducting an evaluation of wildlife crossing
structures and fencing along the U.S. 93 corridor located in the Flathead
Indian Reservation. In partnership with the Confederated Salish and Kootenai
Tribes (CSKT), the Western Transportation Institute (WTI) of Montana State
University, and FHWA's Montana Division, MDOT will identify and evaluate the
data related to pre- and post-construction highway impacts on resident fish
and wildlife populations in and around the highway corridor. The purpose
of the evaluation is to better manage measures for mitigating the highway
facility's impacts to the corridor's wildlife resources. This will allow
future mitigation discussions to be science based and will allow the parties
to work together to develop the most cost effective mitigation packages.
FHWA has provided funding and technical support to assist the funding of
Phase I of the Evaluation. This phase is concerned primarily with pre-construction
data collection and the finalization of the plan for the Evaluation. Among
the on-going activities are the following:
- Partnering between MDOT personnel (research manager, district biologist),
the CSKT tribal biologist, and the ecology/wildlife departments/GIS center
of Montana State University, University of Montana, and Salish Kootenai
College.
- WTI attendance at U.S. 93 Technical Design Committee meetings re: wildlife
crossings and fencing design issues for use in a case study.
- Continued communication with MDOT maintenance crews (data collection on
animal carcasses killed in collisions with vehicles.
- Continued development of motion- and heat-trigger photo monitoring techniques.
- Establishment of pre-construction field methods and development of handbook
for field methods and protocols.
Wyoming Department of Transportation's "Geographic Information System
Database on Material Sites." The Wyoming Department of Transportation's
(WYDOT) Geology, Central Laboratory, and Contract & Estimates programs
maintain three separate sets of information (in three different formats) regarding
all of the gravel pits and quarries that WYDOT utilizes. This effort will
unify the databases into one format that is also compliant with WYDOT's GIS
format. Simplifying the access to gravel and quarry pit information is expected
to improve the timely performance of analyses regarding the impacts of projects
upon whatever resources (wetland, habitat, endangered species, archeological)
may be located at particular proposed/existing pit area.
Indiana Department of Transportation's "Streamlining Initiatives."
FHWA has partnered with Indiana Department of Transportation (INDOT) on
various activities for implementing environmental streamlining techniques
in INDOT's project development process. There are four separate streamlining
activities:
- Development and presentation of a technology transfer workshop on stream
and roadway design issues;
- Streamlining the issuance of the Sec. 404 Permit/401 Certification for
the I-70/Six-Point Rd. project;
- Preparation of a Wetland Banking Instrument (WBI) for a wetland restoration
project;
- Preparation of an updated Public Involvement Procedures manual.
In addition to actively partnering on this multi-faceted effort, FHWA has
also contributed financially. The technology transfer workshop is scheduled
for July 2003; the remaining activities are expected to issue products during
the first half of 2003.
Washington Department of Transportation's "Environmental Permit Streamlining
Act." In May 2001, Washington State passed the Environmental Permit
Streamlining Act (EPSA), designed to reform transportation permitting by streamlining
environmental permit decision-making. FHWA is a (non-voting) member of the
Transportation Permit Efficiency and Accountability Committee (TPEAC), created
by the Act to oversee the permit process. FHWA has provided funding assistance
to help the Washington Department of Transportation (WsDOT) to implement various
elements of the Act.
WsDOT has engaged the natural resource agencies and state decision-makers
in order to work cooperatively to establish common goals, minimize transportation
project delays, and develop consistency in the application environmental standards.
Four projects have been proposed initially by WsDOT to begin the implementation
of the EPSA; three of the projects fund the work of TPEAC subcommittees, while
the fourth, "Cost Benefit Information", has been selected for its utility
in developing performance measures critical to the TPEAC process. Progress
on three of the projects is as follows:
- Watershed-Based Stormwater Alternative Mitigation Pilot Project - An interdisciplinary,
technical team has been selected to a) complete the draft watershed -based
mitigation methods for the SR 522 project, and b) document all results,
including applicability to other states/agencies.
A summary report that describes the transportation project, identifies a
list of watershed-based mitigation sites suitable for use for the SR 522 project,
and, if possible, compares this watershed-based approach to mitigation with
more traditional methods, has been produced. (go to http://www.wsdot.wa.gov/Environment/Programmatics/default.htm)
- TPEAC One-Stop Subcommittee - This subcommittee is to develop a recommendation
for a one-stop permit process. A request for proposals for the selection
of a consultant services has been issued to assist in this task.
- TPEAC Planning Subcommittee - this assemblage of 20+ representatives of
local, resource, transportation, DOTs, and other agencies meets monthly
-so far. Products of the subcommittee may likely include interagency agreements
for addressing growth and development between transportation and natural
resource agencies.
Oregon Department of Transportation's "Collaborative Environmental Transportation
Agreement on Streamlining (CETAS)." The Oregon Department of Transportation
(ODOT) has developed CETAS in response to Section 1309 of the TEA-21 as a
coordinated environmental review process for the development, design, and
construction of highway projects in the state. The CETAS process is aimed
at integrating NEPA into the transportation planning process by allowing Federal
and state resource and regulatory agencies to provide their input, and subsequently
their concurrence, to the development of purpose and need as projects are
identified in the planning phase. FHWA has provided financial support for
this initiative because it represents a state streamlining activity that can
be used on a national basis for implementing the environmental streamlining
provisions of TEA-21.
To date, ODOT and their Principle Investigators met to review project development
process and timelines, and to determine sources of data for evaluation. Criteria
were set for selecting 5 projects for investigation. Data on costs, time
and environmental outcomes will be used to develop the methodology for CETAS.
Colorado Department of Transportation's "Shortgrass Prairie Advanced Mitigation
Initiative." The Colorado Department of Transportation (CDOT)
has initiated a unique public-private partnership with The Nature Conservancy,
as well as a number of state and Federal resource agencies, and FHWA, for
the development of procedures designed to protect the prairie ecosystem while
streamlining the consultation process under Section 7 of the Endangered Species
Act. FHWA has provided technical and financial support for this effort.
To date, a Biological Assessment for the various species identified by the
Initiative is being readied for submittal to the U.S. Fish & Wildlife
Service; requirements for both baseline and annual reporting have been finalized;
and a recommendation for CDOTs conduct of a conservation banking program has
been developed.
Sharing Information on Best Practices
FHWA Environmental Streamlining web site. The FHWA Environmental
Streamlining web site assists local, state, and Federal agencies in the implementation
of environmental streamlining by providing information about a variety of
initiatives including pilot efforts, process reinvention, alternative dispute
resolution, and guidance materials. The web site is continuously updated to
reflect the most current information. In 2003, the web site will offer a
database of over 14,000 state environmental streamlining practices. The web
site provides practitioners with easy access to current streamlining efforts,
thereby assisting agencies with capacity building of their professionals.
This web site can be found at www.fhwa.dot.gov/environment/strmlng/index.htm.
"Successes in Stewardship" monthly electronic newsletter. Successes in Stewardship is a monthly Federal
Highway Administration newsletter highlighting current environmental streamlining
practices from around the country. An electronic newsletter is sent to over
1,100 subscribers each month and is provided on the environmental streamlining
web site. Newsletter topics have already been identified for the remainder
of fiscal year 2003. The newsletter allows local, state, and Federal practitioners
to learn about effective approaches to environmental streamlining.
Re: NEPA community of practice
website. Re: NEPA, the Federal
Highway Administration's online NEPA "community of practice" provides
an open exchange of knowledge, information, and ideas concerning the National
Environmental Policy Act, related environmental issues, and transportation
decision-making. By providing a forum for exchange of ideas and experience,
Re:NEPA provides transportation environmental practitioners with the opportunity
to better understand the NEPA transportation decision making process and to
promote a better, more agreeable, and solution oriented process that balances
transportation needs with concern for the social, economic, cultural and natural
environment. A special forum on environmental streamlining provides a focus
for the latest ideas and events relating to environmental streamlining. The
address for Re:NEPA is http://nepa.fhwa.dot.gov/ReNepa/ReNepa.nsf/home.
Domestic scan tour on environmental
commitment implementation. FHWA sponsored a scan tour during
2002 to see first hand how State transportation departments were ensuring
that environmental commitments were implemented during the construction phase
of highway projects. The tour visited seven state DOTs to review successful
state processes, procedures, and methodologies for fulfilling environmental
commitments made in the NEPA and environmental permitting process. FHWA sponsored
this effort in recognition of the importance of this highly visible area in
building or destroying trust with resource agencies and to underscore the
benefits of effective commitment compliance systems in building a track record
that supports environmental streamlining and environmental stewardship. The
results of the domestic scan will be available by Summer 2003 and will be
presented at numerous industry meetings, as well as via brochure, report,
CD-ROM, and the environmental streamlining web site.
Rulemaking
Withdrawal of proposed environmental impact rules. In September 2002,
FHWA and FTA issued a Federal Register notice withdrawing the proposed transportation
planning and environmental impact rules published as a notice of proposed
rulemaking on May 25, 2000. The notice indicated that FHWA and FTA officials
believed that it would be prudent to wait for the outcome of legislative reauthorization
to see what further regulatory changes are needed. To this end, FHWA has
been actively working within the Administration to develop draft legislation
that further promotes and builds upon the environmental streamlining successes
achieved to date.
Summary
In summary, FHWA has aggressively pursued opportunities for environmental
streamlining within its own program and performance, in its collaboration
efforts with project sponsors and resource agencies and through partnership
with other national entities such as AASHTO and IECR. Furthermore, with the
implementation of the executive order, FHWA believes new opportunities for
increased awareness and action on streamlining will come through process improvements
identified by the executive order interagency task force. FHWA stands ready
to leverage these opportunities to our collective advantage and build upon
the successes of the past year.
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