# Presentation: 841529

## Environmental StreamliningFrom a Legal Perspective  

- TWillie

## Introduction

- The Federal Highway Administration (FHWA) is committed to providing the timely delivery of transportation projects while providing the necessary environmental protection.
- To effectively achieve this goal FHWA is undertaking a variety of streamlining strategies aimed to advance an improved and efficient environmental review process while maintaining environmental stewardship.

## Transportation Equity Act for the 21st Century (TEA-21)

- Ø     In 1998, Congress enacted TEA-21.
- Ø    TEA -21authorizes the Federal surface transportation programs for highways, highway safety, and transit.
- Ø  TEA-21 brought forth several streamlining measures including:
- *Improved coordination and cooperation among the agencies involved in environmental reviews.  [All fifty states have now implemented some type of interagency coordinating agreement]
- *Establishment of a dispute resolution procedure to clear long jams at the highest levels.

## TEA-21

- Ø      Since the enactment of TEA-21, the average time it takes to process environmental reviews for major projects has been reduced.
- Ø  However, more can be done and we are considering other ways to further streamline our process.

## The Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003 (SAFETEA) 

- SAFETEA introduces streamlining measures which extend or revise provisions in TEA-21. These measures include:
- Ø      **Revision of Section 1309 of TEA-21**
- Ø      Allowing for a **Statute of Limitations** for legal 	challenges
- Ø      Delegating authority for **Categorically Excluded ****	****	**** Projects**.
- Ø     Providing for **Assumptions of Responsibilities**
- Ø      Revising **4(f) policy provisions**
- Ø     Allowing **Exemption of interstate**
- Ø      **Using results of planning process**

## Section 1309 of TEA-21 

- TEA-21 Section 1309 establishes coordinated environmental review process.
- SAFETEA proposes revision of 1309 by:
- 	*revising requirements
- 	*recognizing project sponsor’s role
- 	*clarifying dispute resolution provisions

## Statute of Limitations: Section 1602(i)

- SAFETEA proposes limiting lawsuits to within 180 days of Federal action.
- Currently, “there is no uniform statute of limitations that applies to all decisions of Federal agencies made in connection with highway construction or public transit projects.  By default, in circumstances where there is no specific applicable statute of limitations, courts usually have applied the general six-year statute of limitations that applies for challenges to actions under the Administrative Procedure Act for legal challenges relating to highway construction or public transit projects."

## Categorically Excluded Projects:Section 1603

- Delegation of authority to State DOT’s for categorically excluded projects.

## Assumption of Responsibilities: Section 1801

- SAFETEA introduces Surface Transportation System Performance Pilot which allows pilot States in the program to assume environmental review/approval responsibilities.

## Revision of the Section 4(f) Policy Paper: Section 1604

- Expands statutory standards for “feasible & prudent”
- Allows §106 of NHPA to satisfy § 4(f) for historic impacts

## Exemption of Interstate:  Section 1607

- Interstate Highway System exempt as a historic resource
- Secretary may specify individual elements (e.g., bridges) to receive protection under Section 106 of NHPA

## Using Results of Planning Process: Section 6001

- SAFETEA proposes that under specified conditions, results of studies developed as part of the planning process shall form the basis for environmental assessment or impact statement.

## What This Means

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