# Presentation: 206502

## Transportation Planning Requirements and Their Relationship to NEPA

- FHWA Environmental Conference
- June 19, 2008
- Harlan Miller, Office of Planning

**Notes:**
The purpose of this presentation is to discuss the revised federal regulations governing the development of metropolitan transportation plans and programs, statewide transportation plans and programs, and regulations for Congestion Management Systems. These revisions result from the passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005), which also incorporates changes initiated in its predecessor legislation, the Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, June 9, 1998), and generally makes the regulations consistent with current statutory requirements.  The last time these sections of the Code of Federal Regulations (CFR) were updated was October 1993.

The Final Rule was published in the Federal Register on February 14, 2007, and became effective on March 16, 2007.

The presentation is organized as follows:
Background, justification, regulatory features:  Slides 3-6
Year of Expenditure (YOE) Dollars:  Slides 7-9
Cost Bands and Ranges:  Slides 10 & 11
Operations & Maintenance (O&M):  Slides 12 & 13
Helpful Hints: Slides 15-18

## Today’s Discussion

- Context
- Overview of the January 28, 2008 Guidance from Gloria Shepherd
- Starting a NEPA Study
- Metropolitan Transportation Plan Requirements
- Long Range Statewide Transportation Plan
- STIP and TIP Requirements
- Some State Examples (PA, MD, CO)
- Feedback

## Context

- Guidance on Transportation Planning Requirements and Their Relationship to NEPA
- Increased emphasis on Oversight on Fiscal Constraint in NEPA, Planning and Major Projects
- Need for Fiscal Stewardship in Planning and in NEPA

## Starting a NEPA Study

- A corridor or NEPA Study should be Included in the Metropolitan Plan before putting NEPA in TIP/STIP
- NEPA study should be consistent with the Long Range Statewide Transportation Plan if in a rural area.
- If NEPA study is Federally funded, include NEPA/PE in the STIP/TIP before funds can be authorized/obligated.

**Notes:**
Based on the comments we received and because proposed Appendix B contained a combination of guidance, amplifying information, and additional criteria, which are not appropriate for an Appendix to a rule, it was removed. 

However, three key features of Appendix B merited inclusion in the rule.  These key features are:  
“Year of expenditure dollars" in developing cost and revenue estimates. This requirement goes into effect December 11, 2007.
The financial plans supporting the metropolitan transportation plan and TIP and the financial information supporting the STIP MAY BE be based on systems-level, as opposed to facility and service-specific, estimates of costs and revenue sources that are reasonably expected to be available to adequately operate and maintain Federal-aid highways and public transportation. 
Beyond the first 10 years (i.e. “outer years”) of the metropolitan transportation plan, the financial plan may reflect aggregate cost ranges/cost bands, as long as the future funding source(s) is reasonably expected to be available to support the projected cost ranges/cost bands.  

The Rule does not supersede the June 2005 fiscal constraint guidance. 

## Metropolitan Transportation Plan Requirements

- Project must be in the MPO’s fiscally constrained plan prior to FHWA approval of a ROD, FONSI, or CE.
- NEPA approvals should only be given for  those projects that have independent utility and logical termini, while contributing to the function of the overall project.

## Metropolitan Transportation Plan Requirements

- Conformity – Before a ROD or FONSI can be signed or a CE approved, a project level conformity determination shall be made for all projects that are subject to conformity.
- Effectively, this means the project must come from a conforming Plan.

## Long Range Statewide Transportation Plan (LRSTP)

- Before FHWA/FTA can sign a ROD/FONSI, or approve a CE, a project in a non-metropolitan area must be found to be consistent with the LRSTP
- LRSTP may be a policy plan.
- LRSTP does not have to be fiscally constrained.

## Long Range Statewide Transportation Plan (LRSTP)

- Conformity Requirements – Before FHWA/FTA can sign a ROD/FONSI or approve a CE for a project that is in a nonattainment or maintenance area, the project must be found to conform.

## STIP and TIP Requirements

- Federal Actions – STIP shall contain all regionally significant projects requiring an action by FHWA or the FTA regardless of funding source.
- For regionally significant projects requiring an action by FHWA or the FTA, include at least one subsequent phase in the STIP/TIP prior to NEPA approval.

## Division Examples

- PA
- MD
- CO

## Questions & Discussion

- Questions???
- What additional information could help you implement this guidance or make it more effective?
**Divisions, Resource Centers, Headquarters**

## For More Information

- Harlan Miller
- 	Office of Planning
- 	(202) 366-0847
- 	_[Harlan.Miller@DOT.GOV](mailto:Harlan.Miller@DOT.GOV)_
- Michael Culp
- 	Office of Project Development and Environmental Review
- 	(202) 366-9229
- 	_[Michael.Culp@DOT.GOV](mailto:Michael.Culp@DOT.GOV)_