Environmental Review Toolkit
 

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.

LAWS AND REGULATIONS

Subject/Title Resource URL
Title 23: Highways
Chapter 1 – Federal-Aid Highways, Sec. 109 – Standards Statute
Environmental Impact and Related Procedures CFR
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 CFR
Parks, Recreation Areas, Wildlife and Waterfowl Refuges and Historic Sites (Section 4(f)) CFR
Mitigation of Impacts to Wetlands and Natural Habitat CFR

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
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 Memorandum
The Importance of Purpose and Need in Environmental Documents Guidance

RESOURCES

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