NEPA Implementation

To assist Federal agencies in effectively implementing the environmental policy and "action forcing" provisions of NEPA, CEQ issued Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR §§ 1500–1508). In 1980,CEQ issued the guidance document, Forty Questions and Answers on the CEQ Regulations. Since that time, CEQ has published additional NEPA process guidance and information covering a variety of issues.

To address the NEPA responsibilities established by CEQ, FHWA issued regulations Environmental Impact and Related Procedures (23 CFR §771) and corresponding guidance, Technical Advisory (T 6640.8A): Guidance for Preparing and Processing Environmental and Section 4(f) Documents. The Technical Advisory provides detailed information on the contents and processing of environmental documents. Supplemental information on select environmental topics can also be found under Environmental Topics.

LAWS AND REGULATIONS

Subject/Title	Resource URL
Title 23: Highways
Chapter 1 – Federal-Aid Highways, Sec. 109 – Standards	23 U.S.C. 109
Environmental Impact and Related Procedures	23 CFR 771
Preamble to the Regulation on Environmental Impact and Related Procedures (March 24, 2009)	Preamble
Preamble to the Regulation on Environmental Impact Statements and Related Documents (August 28, 1987)	Preamble
Procedures for Abatement of Highway Traffic Noise and Construction Noise	23 CFR 772
Parks, Recreation Areas, Wildlife and Waterfowl Refuges and Historic Sites (Section 4(f))	23 CFR 774
Mitigation of Impacts to Wetlands and Natural Habitat	23 CFR 777
Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects	E.O. 13807
Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects	E.O. 13766
Environmental Stewardship and Transportation Infrastructure Project Reviews	E.O. 13274

GUIDANCE

Subject/Title	Resource URL
Fixing America’s Transportation (FAST) Act
In-Depth Questions and Answers on the changes to 23 U.S.C. § 139 as they relate to FHWA, FRA, and FTA projects	Q&A
Questions and Answers on the Applicability of 23 U.S.C. § 139 to FHWA, FRA, and FTA Projects	Q&A
Changes to 23 U.S.C. §§ 326 and 327 through Implementation of Sections 1307 and 1308 of the Fixing America's Surface Transportation (FAST) Act	Memorandum
Fixing America's Surface Transportation (FAST) Act Section 1314 Categorical Exclusion for Projects of Limited Federal Assistance Adjustment for Inflation	Memorandum
Fixing America's Surface Transportation (FAST) ACT Sec. 1314 "Categorical Exclusion for Limited Federal Assistance" Implementation Guidance	Calculations
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
Environmental Review Process Final Guidance	Guidance
Other Guidance
Clarifying Fiscal Constraint Guidance	Memorandum
Guidance on Financial Planning and Fiscal Constraints for Transportation Plans and Programs	Memorandum
Guidance on Purpose and Need	Memorandum
NEPA Re-Evaluation Joint Guidance for FHWA, FRA, & FTA	Guidance
Interim Guidance on the Application of Travel and Land Use Forecasting in NEPA	Guidance
TECHNICAL ADVISORY (T 6640.8A): Guidance for Preparing and Processing Environmental and Section 4(f) Documents	Guidance
The Development of Logical Project Termini	Guidance
Additional Flexibilities in Developing Categorical Exclusions (May 2017)	Memorandum
Additional Flexibilities in Developing Categorical Exclusions (June 2018)	Memorandum
The Importance of Purpose and Need in Environmental Documents	Guidance
Guidance on FHWA Prior Concurrence Procedures for EISs	Guidance

RESOURCES

Subject/Title	Resource URL
Title 23: Highways
Environmental Review Process Checklist	Checklist
Project Development and Documentation Overview	Overview