Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Environment

NEPA Regulatory Framework and Process

Documentation and the Environmental Process

The National Environmental Policy Act, also 

known as NEPA, is an environmental law that 

established the decision-making process that 

agencies must follow prior to the design and 

construction of transportation projects using 

Federal funding or requiring Federal approval. 

Following the right process or class of action is 

important and is determined by the significance 

of the impacts your project is likely to have on 

the human and natural environment. The 

significance of its impact, not its size or cost, will 

direct you to the appropriate class of action and 

will help you identify the requirements for other 

essential elements such as documentation, 

public involvement, and coordination. 

Documentation is an essential element of NEPA. 

Your NEPA document discloses any 

environmental impacts related to your project as 

well as what your agency can do to avoid or 

minimize them. Furthermore, your 

documentation provides evidence of compliance 

with any applicable law. 

Because transportation projects have different 

potential for environmental impacts, the level 

and detail, type and degree of documentation 

vary. 

Typically, during the initial coordination meeting 

with your State department of transportation, 

your 

DOT, analysis and documentation requirements 

are determined. The requirements are fluid, and 

as you progress through the project and learn 

more about its potential impacts, you may find 

that some activities are necessary while others 

are not. 

Broadly speaking, the necessary documentation 

includes:

• Technical studies, such as for impacts to 

endangered species, wetlands or historic 

properties

• Correspondence related to impacts to public 

property or lands

• Descriptions of public involvement activities, 

including efforts to disclose project 

information to the public

Documenting impacts and proposed mitigation is an essential 

element of NEPA
Federal-aid Essentials for Local Public Agencies

Formal NEPA documents are also needed if 

your project requires an environmental 

assessment or environmental impact statement. 

To illustrate these requirements, let's see what is 

needed for a bike path proposal, one that 

requires the acquisition of 30 feet of land from 

the edge of a county park. In a meeting with 

personnel from the State DOT and the Federal 

Highway Administration (FHAA), the parties 

agree that the impact to the park is expected to 

be minimal, but review is needed to confirm that 

assumption. The final project file includes:

• Technical studies regarding endangered 

species

• Details supporting the de minimis finding 

concerning the minimal use of the park land

Here is a 

different 

project, one 

for a 

proposed 

roadway 

realignment 

that borders 

wetlands and 

will displace an old farmhouse.

At the onset of the project, a site visit is attended 

by personnel from the State DOT, FHWA, the 

U.S. Army Corps of Engineers and the State 

Historic Preservation Office (SHPO). It is 

determined that a study is needed to assess the 

impacts to the wetlands. But while the 

farmhouse is over 50 years old, it is not eligible 

for listing on the National Register of Historic 

Places. 

This project's file also includes:

• Coordination efforts with the U.S. Army 

Corps of Engineers due to adjoining 

wetlands, a property map that shows no 

public parks in the project area

• A SHPO letter verifying that the 

farmhouse is not eligible for listing, 

• A copy of a direct mailer sent to area 

residents inviting them to attend a 

workshop on the proposed project

• A printout from a Web site that provides 

additional ways area 

residents can provide 

comments about the 

effects of the project

As we have just seen, the 

necessary documentation 

supporting technical studies, interagency 

coordination, and public involvement depends 

on the project's potential for environmental 

impacts. 

There are also specific requirements for the 

documentation and timing of Section 4(f) 

property approvals, such as parks, recreation 

areas, wildlife refuges and historic sites. Your 

State may have additional requirements. 

When using Federal-aid funds for a project, the 

NEPA and other environmental regulations must 

be followed. Your State DOT can help determine 

the likely significance of your project's 

environmental impacts and may provide 

technical assistance to prepare appropriate 

documentation. 

Two excellent publications on preparing 

environmental documentation are available from 

the American Association of State Highway and 

Transportation Officials, also known as 

AASHTO. The publications can be found on the 

Center for Environmental Excellence Web site.
Federal-aid Essentials for Local Public Agencies

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• FHWA guidance for preparing and processing environmental and Section 4(f) 

documents

http://environment.fhwa.dot.gov/projdev/impTA6640.asp

• AASHTO's Practitioners Handbook on maintaining project files and preparing an 

administrative record for a NEPA study

http://environment.transportation.org/pdf/programs/PG01.pdf

• AASHTO report on improving quality of environmental documents

http://environment.transportation.org/pdf/nepa_process/QUALITY_NEPA_DOCS

.pdf