Environmental Review Toolkit
Accelerating Project Delivery

Environmental Provisions and Related Information


FAST Act Guidance and Information

On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act, or “FAST Act” - the first Federal law in over ten years to provide long-term funding certainty for surface transportation. The FAST Act authorizes $305 billion over fiscal years 2016 through 2020 for the Department's highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology and statistics programs. With its enactment, States and local governments may now move forward with critical transportation projects, like new highways and transit lines, with the confidence that they will have a Federal partner over the long term. Click here for FAST Act updates.

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Accelerating Project Delivery

The FAST Act builds on the authorities and requirements in SAFETEA-LU, MAP-21 and efforts under FHWA's Every Day Counts in an effort to accelerate the environmental review process for surface transportation projects by institutionalizing best practices and expediting complex infrastructure projects without undermining critical environmental laws or opportunities for public engagement.

Statutory Citations
FAST Act §§ 1301-1318, 1415, 1432, 1439, 11502; 23 U.S.C. 138, 139, 168, 169, 330; 49 U.S.C. 304

Provisions Guidance



FAST Act - Key Provisions for Project Delivery, June 2016

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    Highlights of Environmental Provisions

    Below is a brief summary of several environmental provisions that have helped to shape the current environmental review process. MAP-21 amended some environmental provisions. Further information on MAP-21 environmental provision implementation is on the FHWA's MAP-21 website.

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    Efficient Environmental Reviews for Project Decision Making highlights the updates to the environmental review process to include a new category of "participating agencies" for Federal, State, and local agencies and tribal nations that have an interest in the project. The lead agency must establish a coordination plan for agency and public participation and comment. Also under the provision, the participating agencies and the public will have the opportunity to comment on both the Purpose and Need and Range of Alternatives for a project. In addition, a 150-day statute of limitations for lawsuits challenging Federal agency approvals is provided, but it will require a new step of publishing a notice of environmental decisions in the Federal Register.

    Statewide Transportation Planning; Metropolitan Transportation Planning requires transportation agencies to consult with resource agencies in statewide and metropolitan planning. Agencies must discuss potential environmental mitigation activities during the transportation planning process.

    State Assumption of Responsibility for Categorical Exclusions (CE) declares that Division Offices may assign responsibilities and liabilities for making project specific CE determinations to State Departments of Transportation (DOT). An MOU template is available to help Division Offices and State DOTs begin the process of assigning responsibilities and liabilities for making project specific CE determinations to the State.

    Surface Transportation Project Delivery Program describes the assumption of U.S. DOT environmental responsibilities under NEPA and other environmental laws. The program—for which all States are eligible—allows the Secretary of Transportation to assign, and the State to assume, the Secretary's responsibilities under NEPA for one or more highway projects, as well as one or more railroad, public transportation, and/or multimodal project. This program replaces the SAFETEA-LU Surface Transportation Project Delivery Pilot Program.

    The Final Rule establishes the requirements relating the information that must be contained in the State application to participate in the program.

    Exemption of Interstate System exempts most of the Interstate Highway System from consideration as a historic property under existing Section 4(f) legislation. A final list of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System and Listing of State Archival Materials Pertaining to the Interstate Highway System is now available at http://environment.fhwa.dot.gov/histpres/highways.asp.

    Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites amended existing Section 4(f) legislation to simplify the processing and approval of projects that have only de minimis impacts on lands protected by Section 4(f). Once the U.S. DOT determines that a transportation use of Section 4(f) property, after consideration of any impact avoidance, minimization, and mitigation or enhancement measures, results in a de minimis impact on that property, an analysis of avoidance alternatives is not required and the Section 4(f) evaluation process is complete.

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    MAP-21 Guidance and Information

    President Obama signed the Moving Ahead for Progress in the 21st Century Act (MAP-21) (P.L. 112-141) into law on July 6, 2012, with an effective date of October 1, 2012. MAP-21, a two-year funding bill, is the first long-term highway authorization enacted since 2005. MAP-21 creates a streamlined and performance-based surface transportation program, promotes accelerating project delivery, and encourages innovation through the increased use of Categorical Exclusions, programmatic approaches, and planning and environmental linkages.

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    Categorical Exclusion Survey Review

    In 2012, FHWA and FTA conducted a survey review of categorical exclusion (CE) usage and CE requests by grantees and other stakeholders, as required by MAP-21.

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    To comply with this requirement, FHWA and FTA reviewed the CEs proposed in the FHWA and/or FTA CE rulemakings since 2005 and in the Department's review of regulations in 2011. The MAP-21 survey asked State Departments of Transportation (DOT), transit authorities, metropolitan planning organizations, and federally-recognized Tribes to provide information on:

    • CEs processed as a part of the National Environmental Policy Act (NEPA) for transportation projects since 2005;
    • Types of actions categorically excluded;
    • Requests previously received by the Secretary of Transportation for new CEs that are not currently in regulation; and
    • Requests for new CEs.

    U.S. Department of Transportation National Environmental Policy Act Categorical Exclusion Survey Review HTML   PDF (395 kB)

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    SAFETEA-LU Guidance and Information

    On August 10, 2005, President George W. Bush signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). A number of SAFETEA-LU provisions are aimed at improving efficiency in highway program and project delivery. From better planning and coordination to improved materials, contracting and construction, these provisions will support efforts to more efficiently advance a safer and more effective highway program, and strengthen stewardship and oversight.

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    Use the Toolkit to learn about implementation and updates to the environmental review process.

    Environmental Review Process Toolkit
    Frequently Asked Questions (FAQs)
    Environmental Review Process Checklist — Use this tool to ensure that the essential aspects of the SAFETEA-LU environmental review process have been completed.
    Examples of Implementation — See a sample of what's being done, including:
    • Project Initiation Letters
    • Participating and/or Cooperating Agency Letters
    • Coordination Plans
    • Public Involvement Plans
    • Statute of Limitations (SOL) Notices
    • Agency Response Declining to be a Participating Agency
    Title, Guidance, and Information
    Use of Debris from Demolished Bridges and Overpasses, March 7, 2006
    Guidance on the Coordinated Border Infrastructure Program, February 1, 2006
    Major Projects
    Surface Transportation Environment and Planning (STEP) Cooperative Research Program
    Transportation Planning
    Efficient Environmental Reviews for Project Decision Making
    Environmental Restoration and Pollution Abatement; Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species
    Exemption for the Interstate System
    Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites
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    For questions or feedback on this subject, please contact Damaris Santiago at 202-366-2034. For general questions or web problems, please send feedback to the web administrator.

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