# Presentation: 865654

## Project Streamlining and  Environmental Stewardship

**Lamar S. Smith, CEP**
- FHWA Project Development and Environmental Review
- September 12, 2005

## Streamlining and Stewardship? 

- What is streamlining and stewardship as actually practiced in the real-world?
- Have we streamlined projects and have we become better stewards of the environment?
- How do we know when we have streamlined and been good stewards?
- What are the practical, realistic outcomes?

- TRB Summer Meeting

## Project Streamlining and Environmental Stewardship

**According to  SAFETEA-LU**

## SAFETEA-LU Streamlining  

**6002 – Efficient Environmental Reviews for Project Decisionmaking**
- New process for EISs; optional for EAs
- “Participating agency” roles and responsibilities
- Purpose and need, range of alternatives, methodologies, and preferred alternative
- Coordination plan, schedule and deadlines
- Issue identification and resolution
- Performance measure and report to Congress
- Statute of limitations

- TRB Summer Meeting

## SAFETEA-LU Streamlining

**6003 – State Assumption of Responsibilities for Certain Programs and Projects**
- 5 State Pilot for the Transportation Enhancement and Recreational Trails Programs
- Assumption of responsibility for environmental reviews, consultation, decisionmaking
- Application and MOU required
- 3-year period, renewable
- Review and determination of compliance

- TRB Summer Meeting

## SAFETEA-LU Streamlining

**6004 – State Assumption of Responsibility for Categorical Exclusions**
- All or part of the responsibilities for review, consultation, or other actions under Federal Law
- State solely responsible and liable
- MOU after public notice and comment
- 3 years, renewable, based on performance
- Performance will be monitored

- TRB Summer Meeting

## SAFETEA-LU Streamlining

**6005 – Surface Transportation Project Development Pilot Program**
- State assumes FHWA responsibility for environmental review, consultation and other actions for 1 or more highway projects
- Pilot for 5 States (AK, CA, OH, OK, TX)
- Conditions, restrictions and agreement (MOU)
- Audits and report to Congress required
- Agreement can be terminated for non-compliance

- TRB Summer Meeting

## SAFETEA-LU Streamlining

**1503 – Design Build**
- Revise regulations that do not preclude a State, prior to compliance with NEPA, from-
- Issuing requests for proposals;
- Awarding design-build contracts;
- Issuing notices to proceed with preliminary design
- Final design or construction not allowed prior to completion of NEPA
- Requires concurrence of US DOT

- TRB Summer Meeting

## SAFETEA-LU Stewardship

**6009 – Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites**
- Amends 23 USC 138 and 49 USC 303
- Section 4(f) is satisfied if impacts are determined to be “*de minimis”*
- No alternatives analysis or documentation
- Measures to minimize harm required
- Concurrence of agency(ies) with jurisdiction

- TRB Summer Meeting

## Section 4(f) 

**Clarification of Existing Standards**
- Clarify factors considered and standards applied in determining feasible and prudent alternatives
- Variety of projects and situations and may include examples as appropriate
**6007 – Exemption of Interstate System**
- Exempt from Section 4(f) as a historic site
- Individual elements subject to Section 4(f)

- TRB Summer Meeting

## SAFETEA-LU Stewardship

**6008 – Integration of Natural Resource Concerns into Transportation Planning**
- Amends 23 USC 109(c) - Design Criteria for National Highway System to include
- FHWA’s Flexibility in Highway Design
- Characteristics of Process to Yield Excellence in Transportation Design and Seven Qualities of Excellence in Transportation

- TRB Summer Meeting

## SAFETEA-LU Stewardship

**Other Environmental Programs**
- Environmental Restoration and Pollution Abatement
- Control of Noxious Weeds and Establishment of Native Species
- National Historic Covered Bridge Conservation Program
- Wildlife-Related Provisions
- Safe Routes to School
- Bicycle and Pedestrian Provisions
- Recreational Trails
- Scenic Byways
- Transportation, Community, and System Preservation
- Transportation Enhancements

- TRB Summer Meeting