# Presentation: 841243

## Design-Build TransportationProjects

**National Environmental Policy Act (NEPA)**

**Lamar S. Smith**
**FHWA, Planning and Environment**
**Office of NEPA Facilitation**

**and the**

**Notes:**
1                      The National Environmental Policy Act
About me --
Have had discussions about design-build and NEPA for some time (years) - I’ve often wondered .... Yeah, so what’s the big deal, what’s’ the problem? ...              ... Do NEPA first, complete the design, and construct the project - just like we always do 
Now that we are moving in the direction of doing more design-build (when it becomes/is the norm) ...
... I realize there are some questions and concerns about the NEPA process and design-build                 ... and things we need have an understanding of

## Some Things to Consider

- Do design-build projects differ from traditional projects where NEPA is concerned? How? Why?
- Should the NEPA / project development process be treated differently for design-build projects?
- What difference does it make if a project is processed as a CE, EA, or EIS?
- The perspectives and expectations of customers and stakeholders?
- Any potential problem areas or areas of concern related to design-build process and the NEPA process.

**Notes:**
These are a few of the questions that came to my mind about the NEPA process and design-build --->
This is also a sort-of outline to this presentation 
There may be other questions - and if so ....
... this is an opportunity for you to ask them  
About this Last question - there a couple of things that we (FHWA & States) need to be thinking about... 
 ... I want to highlight potential areas of concern

## NEPA National and Federal Policy

- Encourage productive and enjoyable harmony
- Promote, prevent, or eliminate damage to the environment
- Stimulate the health and welfare of man
- Enrich the understanding of ecological systems and the natural resources important to the Nation
- Foster and promote the general welfare
- Create and maintain conditions under which man and nature can exist in productive harmony
- Fulfill the social, economic, and other requirements of present and future generations of Americans

## NEPAFederal Environmental Process

- Policies, regulations, and laws be interpreted and administered in accordance with the NEPA
- Systematic, interdisciplinary approach
- Environmental values given appropriate consideration
- Documentation and disclosure
- Objective consideration of alternatives
- Interagency consultation and comment
- Public participation

## Basic NEPA Principles

- Federal responsibility
- Objectivity
- Informed decisions
- Balanced environmental protection
- Analysis, documentation, and disclosure
- Agency input
- Public involvement and participation
- Avoidance - minimization - compensation

## FHWA Project Development

- FHWA Policy
- All environmental investigations, reviews, and consultations be coordinated as a single process
- Compliance with all applicable requirements be reflected in the environmental document
- Alternatives be evaluated and decisions be made in the best overall public interest based on:
- need for safe and efficient transportation
- social, economic, and environmental impacts
- National, State, and local environmental goals

## Project Development Process

- FHWA Policy:
- Essential to Project Development
- public involvement
- systematic interdisciplinary approach
- Measures necessary to mitigate adverse impacts
- be incorporated into the action
- are eligible for Federal funding

## Project Development - Is About

- Transportation Decisionmaking
- purpose and need is reflected in alternatives
- alternative not “selected” until CE/FONSI/ROD
- Environmental protection and enhancement
- alternatives / impact analysis
- mitigation commitments
- Compliance
- all applicable laws, regulations, ....
- Public participation
- Interagency consultation and coordination

## Project Development 

## Alternatives Analysis / Decisionmaking

- Consider the balance of impacts and benefits to the environment
- reasonable alternatives (purpose and need)
- no-build alternative
- mitigation: avoidance and minimization
- Ensure meaningful evaluation
- connect logical termini
- have independent utility
- not restrict consideration of alternatives
- Carried through the EIS process

## Limitations on Actions - NEPA

- Until the ROD is issued no action shall be taken
- that will have an adverse environmental impact
- limit the choice of reasonable alternatives
-  Does not preclude
- development of plans or designs or the performance of other work necessary to support the decisions

## Limitations on Actions - FHWA

- Shall not proceed until the CE or FONSI or FEIS/ROD has been completed
- final design activities
- property acquisition (ROW)
- purchase of construction materials or rolling stock
- project construction

## Limitation on Actions - TEA-21

- Section 1307
- 	(3) Design-build contracting.--
- 	(B) Limitation on final design. -- Final design under a design-build contract referred to in subparagraph (A) shall not commence before compliance with section 102 of the National Environmental Policy Act of 1969  (42 U.S.C. 4332).

## Design-Bid-Build

## Design-Build

## Final Design

- When does preliminary-design end and final- design begin? Where is the line drawn?
- How much design is too much? Enough? The magic number?
- What constitutes full environmental  investigation and analysis?
- complete understanding of the impacts
- Should not advance design or other elements for a particular “preferred alternative”
-  Unless there is a good reason to do so

## NEPA and Design-Build 

- Design-build does not substantially differ from design-bid-build where NEPA is concerned.
- Intent, purpose, requirements of NEPA / FHWA project development process not changed.
- room for improvement in implementation
- Whether a CE, EA or EIS is not the issue
- Expectations - agency and public
- should not convey multiple messages
- Potential problem areas or concerns

## Accounting for Change

- Traditional approach, reevaluation process
- Consideration of
- subsequent change to the project or location
- new or additional impacts result
- new information relevant to environmental, location and project concerns
- Additional analysis and investigation
- Where changes result in “significant” impacts
- Supplemental EIS may be required

## Mitigation and Enhancement

- Sequence
- Avoid - minimize - compensate
- FHWA Policy
- responsibility of the applicant
- measures necessary to mitigate adverse impacts be incorporated into the action
- implement mitigation measures stated as commitments in the environmental documents
- FHWA responsibility to ensure compliance

## Other Considerations

- Section 4(f)
- CWA - Section 404 process and permit application
- NHPA - Section 106
- Endangered Species Act - Section 7 Consultation
- Others ....