# Presentation: 930098

## 2007 FLH Environmental Conference

- R. Keith Moore
- HEPE
- September 11, 2007

## Today’s presentation	

- Context Sensitive Solutions (Program of Activities & National Assessment Effort)
- SAFETEA-LU (Highlights of all Sections, 6002, and De Minumus)
- EDTS (Current Focus and Future Efforts)
- Rapanos (Latest Information & Guidelines)
- Linking Planning and NEPA (what’s happening in the states

## CSS Program of Activities

**I.  Building CSS Capacity – Training and Education**
- FHWA CSS Training Course
- Integration of CSS into NHI and FHWA Training  Courses
- CSS Training Assessment and Program Guide
- FHWA Training Action Plan
**II. Toolbox to Apply CSS**
- The Ecological Guide
- Integrating CSS in Construction - State-of-the-Practice Report

## CSS Program of Activities

**III.  Raising Awareness and Advancing CSS Implementation **
- CSS Clearinghouse Website
- FHWA CSS Technical Assistance & Training
- CSS Primer and Outreach Materials
- CSS Self Assessment Guide & Workshops
- CSS Pooled Fund Study
- FHWA CSS Implementation Assessment
**IV. CSS National Dialog **
- CSS National Dialog
- CSS Webinars to Raise ITE Members Awareness
- Green Highways Initiative

## Assessment of CSS Implementation

| Initiating Progress | Early
Implementation | Implementation
Progress | Mature 
Program | Exemplary Program  |
| --- | --- | --- | --- | --- |
| Alabama | Connecticut | Colorado | Arizona | Maryland |
| Alaska | Delaware | Illinois | California | Michigan |
| Arkansas | Idaho | New Jersey | Dist of Columbia | Utah |
| Georgia | Kansas | Ohio | Florida |  |
| Hawaii | Louisiana | Kentucky | Maine |  |
| Indiana | Massachusetts | Massachusetts | Maryland |  |
| Iowa | Missouri | Mississippi | Michigan |  |
| Nebraska | Montana | New York | Minnesota |  |
| North Dakota | Nevada | Oregon | North Carolina |  |
| Oklahoma | New Hampshire | Pennsylvania | Washington |  |
| Rhode Island | New Mexico |  | East Fed Lands |  |
| South Carolina | Puerto Rico |  | Central Fed Lands |  |
| South Dakota | Tennessee |  | West Fed Lands |  |
| Texas | Vermont |  |  |  |
|  | Virginia |  |  |  |
|  | West Virginia |  |  |  |
|  | Wisconsin |  |  |  |
|  | Wyoming |  |  |  |

## Assessment of CSS Implementation

- Initiating Progress (AL, AK, GA, HA, IN, IA, NE, ND, OK, RI, SC, SD, TX)

- Early Implementation (CT, DE, ID, KA, LA, MA, MO, MT, NV, NH, NM, PR, TN, VT, VA, WV, WI, WY)

- Exemplary Program (MD, MI, UT)

- Implementation in Progress (CO, IL, KY, MA, MS, NJ, NY, OH,OR, PA)

- Mature Program (AZ, CA, DC, FL, ME, MD, MI, MN, NC, WA, **EFL, CFL, WFL**)

## SAFETEA-LU

- 6001 = 23 USC 134 and 135. Planning provisions, coordination, and air quality conformity,
- 6002 = 23 USC 139. Environmental Review Process,
- 6004 = 23 USC 326. State assumption of CE responsibility (delegation),
- 6009 = 23 USC 138 and 49 USC 303. Section 4(f),
- 6010 = will appear in 23 CFR 771.113. Definition of an ITS project appears in 23 USC 512.

## SAFETEA-LU (6002)

- Range of Alternatives = after providing “opportunity for involvement,” lead agency makes decision
- Methodologies and Level of Detail = Lead agency decides, in collaboration with participating agencies

## SAFETEA-LU (Participating Agency)

- “Participating Agency” is a Federal or                                                      non-Federal agency “that may have an interest in the project.”
- Broader than “Cooperating Agency”
- 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.

## SAFETEA-LU (De Minimus)

- Use does not “adversely affect” the activities, features, and attributes of the Section 4(f) resource
- Written concurrence from the official(s) with jurisdiction
- Provide opportunity for public notice, review, and comment

## Environmental Document Tracking System (EDTS)

- Is an internal environmental document tracking system for Environmental Assessments (EA), & Environmental Impact Statements (EIS),
- Was implemented in 2002; data entry in each of the FHWA division offices/FLH is ongoing,
- Vital Few Goals performance measure is a 36 month median time frame for EIS(s) and a 12 month median time frame for EA(s),
- Supports FHWA’s environmental streamlining performance expectations under the Vital Few Goals,
- 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,
- Will assist FHWA identify some of the factors that may affect the efficiency of NEPA project delivery,

## Environmental Document Tracking System (EDTS)

- 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.** **
- Currently the system contains a data entry field for timeframes.  The field first asks for a yes/no response to the question “Did project schedule include agreed upon timeframes for completion of other agency reviews?” and then allows for comments to be provided in a text box.** **

## Environmental Document Tracking System (EDTS)

**Data entry issues = Upgrades**
**EDTS^2**
**Plans include dumping the current system on UPACS and developing a more user friendly system on the Web that others out of the agency (SDOTs, in particular) can access**

## Rapanos ? ? ? ?

**Refers to a 2006 US Supreme Court case *****(Rapanos v. United States) *****challenging the Clean Water Act. **
**FHWA Headquarters has been working with the EPA and the CORPS in an attempt to provide some guidance for the divisions and the states. **
**FHWA Headquarters is planning to provide additional Q&A opportunities (via webinars) over the next few months. **

## Linking Planning and NEPA

-    FHWA and FTA are jointly sponsoring a series of workshops to promote strategies for better integrating the planning and National Environmental Policy Act (NEPA) processes. Titled "Linking Planning and NEPA," these workshops have been held in 24 States to date, These workshops are offered through the National Highway Institute and the National Transit Institute.

##    FHWA, the NatureServe and Defenders of Wildlife hosted 3 workshops in 2006 entitled, Linking Conservation and Transportation Planning, to improve linkages between conservation and transportation planning.
The workshops emphasized the use of information, tools and methods that can be shared between the transportation community, and the resource and regulatory agencies at the local, state, regional, and national levels. 

- The workshops emphasized the use of information, tools and methods that can be shared between the transportation community, and the resource and regulatory agencies at the local, state, regional, and national levels.

**Linking Conservation and Transportation Planning**

## Additional Information and Questions

- FHWA Office of Project Development and Environmental Review (_[www.fhwa.dot.gov/environment/index.htm](http://www.fhwa.dot.gov/environment/index.htm)_)
- 	(202) 366-2065
- Clean Water Amendment Guidance to Implement the US Supreme Court Decision for the Rapanos and Carabell Cases (_[http://](https://webmail2.dot.gov/exchweb/bin/redir.asp?URL=http://www.usace.army.mil/cw/cecwo/reg/cwa_guide/cwa_guide.htm)__[www.usace.army.mil/cw/cecwo/reg/cwa_guide/cwa_guide.htm](https://webmail2.dot.gov/exchweb/bin/redir.asp?URL=http://www.usace.army.mil/cw/cecwo/reg/cwa_guide/cwa_guide.htm)_)
- Context Sensitive Solutions (_[www.contextsensitivesolutions.org](http://www.contextsensitivesolutions.org/)_)
- AASHTO Practitioner Handbook re Section 6002 (Coming Soon)
- R. Keith Moore (_[keith.moore@dot.gov](mailto:keith.moore@dot.gov)_)
- 	(202) 366-0524