Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Local public agencies may encounter a variety of 

environmental laws, regulations, executive orders, 

and other requirements on a Federal-aid project. 

These requirements address a project's effects on 

the natural and social environment, parks and 

recreation areas, and historic sites.

The natural environment involves things such as 

air and water quality, wetlands, wildlife or 

endangered species; while the social environment 

involves things that affect our quality of life, like 

the displacement of businesses or homes, 

particularly related to minority and low-income 

populations.

The National Environmental Policy Act, also 

known as NEPA, provides a framework for 

environmental analyses, reviews, and 

consultations. Because these various laws may 

influence project decisions, compliance with these 

laws should be achieved during the NEPA 

process. This is often referred to as “working 

under the NEPA umbrella.”

While NEPA provides a coordinated environmental 

review process, the related environmental law 

specifies what project sponsors must do to comply 

with the law. These requirements can vary widely.

It's important to understand how environmental 

laws can influence project decisions and what 

project sponsors must do to comply with them.

Let's look at some examples that 

involve the Endangered Species 

Act, one of several laws related to 

the natural environment, the 

National Historic Preservation Act, 

the Civil Rights Act and 

Environmental Justice Executive 

Order, and Section 4(f) of the U.S. 

Department of Transportation Act.

Environment

Other Laws and Requirements

Overview of Other Laws and Requirements

A summary of other key laws and requirements commonly 

encountered during the NEPA process
Federal-aid Essentials for Local Public Agencies

When it comes to the natural environment, several 

Federal laws establish standards for air pollutants, 

regulate the discharge of dredge or fill material 

into waters, and limit impacts to endangered 

species or encroachment on their critical habitat.

Project sponsors comply with these laws through 

coordination and consultation with the Federal 

agencies having jurisdiction over a particular 

resource; the study of the effects of their projects; 

and the acquisition of necessary permits or 

approvals from the agencies.

To illustrate how the Endangered Species Act 

might apply, let’s consider a project that involves 

the proposed construction of a bypass around the 

growing town of Smithville.

Bog turtles, an endangered species, were 

discovered in the area where the bypass was 

planned. A team of biologists, engineers and 

transportation planners consulted with the U.S. 

Fish and Wildlife Service. Then the team 

conducted studies to determine how to avoid, 

minimize, or mitigate the project’s impacts on the 

bog turtles.

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For projects involving historic sites, agencies must 

comply with the National Historic Preservation Act, 

which includes a consultation process with the 

State Historic Preservation Officer, or SHPO, as 

well as any affected stakeholders. The law requires 

that transportation projects consider any adverse 

impacts it will have on historic properties.

To illustrate, let’s consider a drainage and road 

improvement project in an early 19th-Century town. 

Historical records and local knowledge revealed 

that some streets in the town retained portions of a 

stone gutter system and a cobblestone path that 

were historic resources. Consultation with the 

SHPO and the public resulted in several historically 

compatible design elements being recommended -

such as lighting, brick sidewalks, and interpretive 

plaques. These design elements were incorporated 

in the final design to mitigate the project's impact 

and enhance the site.

When agencies propose projects in areas with 

minority or low-income populations, they must 

demonstrate compliance with the Civil Rights Act 

and the Environmental Justice Executive Order. 

The Environmental Justice Executive Order was 

issued by President Clinton in 1994 to reemphasize the importance of evaluating impacts to 

minority and low-income populations.
Federal-aid Essentials for Local Public Agencies

In order to comply with these requirements, the 

project sponsor must conduct the appropriate level 

of community outreach, consider public input prior 

to making project decisions, and ensure the 

project does not have disproportionately high and 

adverse effects to minority and low-income 

populations.

As an example, let’s look at a road-widening 

project that impacts a low-income community.

The project sponsor spoke with the affected 

community and discovered that many residents 

walked to their jobs and their children walked to 

the local school. Residents expressed safety 

concerns about the new project because the 

design did not include any sidewalks or pedestrian 

crossing signals. 

The project was redesigned to include sidewalks 

and a pedestrian overpass that linked a large 

apartment complex to the school..

The last law we’ll discuss involves Federal-aid 

transportation projects that require land from 

parks, recreation areas, wildlife and waterfowl 

refuges, or historic sites. These projects must 

comply with section 4(f) of the U.S. Department of 

Transportation Act. In order to comply with this 

law, the project sponsor must demonstrate that the 

need for these lands is unavoidable or that the 

project has only a minimal impact on the affected 

property.

As the project sponsor, you are 

responsible for demonstrating 

compliance with all applicable 

environmental laws, regulations, and 

executive orders. When you 

understand the various compliance 

processes and use them to improve 

your decision-making, your project 

will proceed more efficiently and 

effectively.

The examples presented here illustrate how 

agencies consider both environmental issues and 

the need for safe and efficient transportation 

improvements. 

Your State department of transportation and 

Federal Highway division office have considerable 

knowledge and expertise in all areas of 

environmental compliance. They can help you 

identify and comply with the environmental laws 

and regulations that may affect your project.
Federal-aid Essentials for Local Public Agencies

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• FHWA’s Office of Planning, Environment & Realty provides links to specific 

environmental topics

http://www.fhwa.dot.gov/environment/index.htm

• Summaries of environmental legislation affecting transportation 

http://www.fhwa.dot.gov/environment/env_sum.htm

• White House Council on Environmental Quality Web site provides 

information about environmental laws

http://www.whitehouse.gov/administration/eop/ceq