**FREQUENTLY ASKED QUESTIONS**

**Environmental Provisions of SAFETEA-LU**

**1. Does SAFETEA-LU make changes in environmental provisions?**

SAFETEA-LU requires better coordination and improves the environmental
review process:

-   It provides for the integration of environmental considerations into
    metropolitan and Statewide transportation processes;.

-   It expects long-range State transportation plans to address
    environmental mitigation;

-   It requires that State and metropolitan transportation plans be
    developed in consultation with State and local agencies responsible
    for land use management, natural resources, environmental
    protection, conservation, and historic preservation.

The satisfaction of National Environmental Policy Act (NEPA) standards
at the metropolitan and State levels will avoid duplication, confusion,
and unnecessary delay in the environmental review process later on.

SAFETEA-LU provides for early, formal coordination among all potentially
interested agencies---Federal, State, and local---in the environmental
review process. The Federal lead agency must identify and invite the
participation of all such agencies as early as practicable in the
environmental review process. Agencies that choose to participate, and
the public, must have an opportunity to be involved in the determination
of a proposed project's purpose and need, and to consider alternatives
in the environmental study.

The lead agency must also make a coordination plan available to the
public. These procedures, which add transparency to the process, aim to
achieve consensus among all parties in the critical initial phase of the
environmental review, and to pre-empt disagreements that can create
delays later on. In the event of subsequent disagreements, however,
SAFETEA-LU prescribes a formal issue resolution process.

SAFETEA-LU establishes time limits for public review. With certain
exceptions, comment periods on draft environmental impact statements are
limited to 60 days, and, for other documents in the environmental review
process, to 30 days. Unreasonable delays by other Federal agencies on
matters related to an approved transit project should be reported to
relevant Congressional committees.

Finally, SAFETEA-LU provides for Federal funding to States, upon
request, to support activities that directly and meaningfully contribute
to expediting and improving transportation project planning and
delivery.

**2. What is the difference between a "participating agency" and a
"cooperating agency?"**

As part of the legislation's intent to convene all relevant parties
early in the environmental review process, SAFETEA-LU creates a new
category for relevant parties---a "participating agency." SAFETEA-LU
defines a "participating agency" as a Federal or non-Federal agency
"that may have an interest in the project." This is a broader category
than "cooperating agency." Regulations that implement NEPA define a
"cooperating agency" as "any Federal agency other than a lead agency
which has jurisdiction by law or special expertise with respect to any
environmental impact involved in a proposal (or a reasonable
alternative) for legislation or other major Federal action significantly
affecting the quality of the human environment."

The lead agency must identify and invite as early as practicable in the
environmental review process any other agencies that may have an
interest in the project.

**3. When a project sponsor that is a State or local governmental entity
acts as a joint lead agency with FTA, which agency defines the project's
purpose and need, determines the range of alternatives to be considered,
establishes a coordination plan and schedule, including modifications,
and decides whether or not to extend a deadline?**

Because SAFETEA-LU requires the Federal lead agency to furnish guidance
in the preparation of NEPA documents and to evaluate those documents
independently prior to their approval and adoption, the Federal lead
agency (FTA) would have the final say about a project's purpose and
need, the range of alternatives to be considered, and other procedural
matters.

**4. How can a lead agency effectively integrate the NEPA review process
with the transportation planning process?**

The SAFETEA-LU environmental provisions intend to integrate the planning
process and the NEPA review process to increase coordination, decrease
duplication, and reduce delays. For example, both the planning process
and the NEPA review process require alternatives analyses (AA). The
earlier the NEPA review enters the planning process, the greater the
reduction in duplication. SAFETEA-LU initiates the environmental review
process when a project sponsor notifies FTA "of the type of work,
termini, length, and general location of the proposed project, together
with a statement of any Federal approvals anticipated to be necessary
for the proposed project." SAFETEA-LU's transportation planning
provisions require that a metropolitan area's transportation improvement
program contain the same kind of information. Thus, the environmental
review process could be initiated at least as early as development of
the transportation improvement program.

**5. To what types of projects do the environmental review provisions of
SAFETEA-LU apply?**

FTA must apply the "efficient environmental review provisions" under
SAFETEA-LU Section 6002 to all projects that require an environmental
impact statement under NEPA. FTA may apply the procedures to any project
that involves preparation of an environmental assessment or a
categorical exclusion.

**6. Are there provisions in SAFETEA-LU that provide incentives for
transportation choices that positively affect the environment?**

The Congestion Mitigation and Air Quality Improvement (CMAQ) Program in
Title 23 of the U.S.C. provides funding for programs and projects that
positively affect air quality. Even though CMAQ funds come out of the
Federal highway program, transit agencies across the country have
benefited greatly from CMAQ funding since its inception in 1991. Transit
projects categorically have received between 40 and 50 percent of the
apportioned funding for this program each year. Recently that has
translated into \$400 million obligated annually for transit projects in
air quality non-attainment and maintenance areas.

Several changes to the CMAQ program in SAFETEA-LU (Section 1808) place
greater emphasis on cost-effective emission reductions. This means that
priority is to be given to funding cost-effective strategies, such as
diesel retrofit projects on transit buses, including particulate traps,
which are designed to improve air quality. However, as in the past, a
wide range of transit projects has been, and will continue to be,
eligible for CMAQ funding. Transit projects that expand capacity and
increase ridership will fare better if they can document emission
reductions. The new priority to be given to cost-effective projects that
reduce transportation emissions means the CMAQ program provides a real
incentive to select environmentally beneficial transportation projects.

**7. Are there public transit provisions in SAFETEA-LU that provide
incentives for transportation choices that positively affect the
environment?**

>  

Several public transit programs provide incentives for transportation
choices that positively affect the environment. Section 3010 amended the
Clean Fuels Grant program (49 U.S.C. Section 5308) that provides funding
for clean fuel vehicles and facilities in ozone and carbon monoxide
non-attainment and maintenance areas. Under SAFETEA-LU, the program is
now discretionary, rather than a competitive formula. The program
provides funding for purchasing or leasing clean fuel buses;
constructing or leasing clean fuel bus or electrical recharging
facilities; or constructing new or improving existing public
transportation facilities to accommodate clean fuel buses. While the
program emphasizes clean fuels, recipients may spend up to 25 percent of
the annual appropriated funds for this program on clean diesel buses.

SAFETEA-LU also authorizes continued funding at levels between \$11 and
\$13.5 million per year for the national fuel cell bus technology
development program. This program aims to develop and demonstrate a
commercially viable fuel-cell passenger bus that produces zero pollutant
emissions.