Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

The National Environmental Policy Act, also 

known as NEPA, is an environmental law that

established the decision-making process agencies 

must follow prior to the design and construction of 

transportation projects that use Federal funding or 

require 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 the project's impacts, not its 

size or cost, determines the project’s appropriate 

class of action and helps you identify the 

requirements for other essential elements, such as 

documentation, agency coordination, public 

involvement, and environmental commitments.

Mitigation and follow-through on commitments is 

the efforts your agency takes to avoid or minimize 

the environmental impacts resulting from your 

project. A typical example is the addition of 

landscaping to minimize the visual impact of a 

roadway.

On Federal-aid projects, mitigation efforts that are 

determined appropriate and reasonable by the 

Federal Highway Administration (FHWA) are 

eligible for Federal funding.

Let's look at a project's possible 

mitigation efforts from start to finish.

Environment

NEPA Regulatory Framework and Process

Mitigation of Environmental Impacts and Environmental 

Commitment Compliance

Environmental mitigation on your environmental commitments are 

essential requirements of the National Environmental Policy Act
Federal-aid Essentials for Local Public Agencies

The consideration and development of mitigation 

strategies begins at the onset of the project 

development process. Initial mitigation efforts flow 

from the evaluation of project alternatives and are 

refined throughout the course of the project.

NEPA requires an ordered approach to mitigation 

called sequencing. Using this approach, project 

sponsors first consider ways to avoid 

environmental impacts. If this isn’t possible, they 

attempt to minimize or lessen the impacts. Lastly, 

project sponsors must consider how to 

compensate for any unavoidable impacts. 

Whether avoiding, minimizing or compensating for 

impacts, it’s critical to recognize that project 

sponsors are legally required to follow through on 

all commitments they make. Consequently, care 

must be given to track the completion of 

commitments throughout the design and 

construction process.

To illustrate how a project sponsor 

might consider mitigation and the 

follow-through of commitments, let’s 

look at a project that proposes 

adding turn lanes to an existing 

intersection in order to reduce 

congestion and improve safety.

In addition to the required no-build alternative, two 

other build alternatives are considered. The first 

alternative would widen the road to the west of the 

intersection, and the second would widen the road 

to the east of the intersection. 

While evaluating the first alternative, the project 

manager discovers she can’t avoid impacting a gas 

station that is in close proximity to the intersection. 

She considers narrowing the lane widths to 

minimize the impact, but the gas station would still 

be displaced. Compensation for acquiring the gas 

station would be processed using the Uniform Act 

right-of-way acquisition procedures for Federal 

projects. 

While evaluating the second alternative, the project 

manager discovers she can’t avoid impact to the 

property of a local school. But because the school 

is on a hill, she can minimize the impact by 

steepening the slope and reducing the amount of 

property the project needs. Even with this design 

modification, the project will still impact the fence 

that surrounds the school. 

The project team discusses this alternative with 

school officials and commits to a replacement 

fence and new landscaping to compensate for 

impacting the school.
Federal-aid Essentials for Local Public Agencies

The second alternative with its identified 

commitments is included in the NEPA 

documentation as the preferred alternative. 

After its approval and during the design phase, the 

commitments are noted on the construction plans. 

Highlighting them in this way helps ensure that the 

commitments made to the school will be 

implemented. This is critical since the project 

sponsor, the State DOT, and the FHWA are jointly 

responsible for ensuring that any environmental 

commitments get implemented.

Your State department of 

transportation, or State DOT, has 

considerable knowledge and 

expertise in all areas of NEPA 

compliance. The State DOT can 

help you consider mitigation 

strategies to avoid, minimize, and 

compensate for environmental 

impacts. It may also have 

checklists, computer programs or 

other resources to help you track 

commitments through construction.

The FHWA is the final authority when determining 

whether a project’s mitigation efforts are 

appropriate, reasonable, and thereby eligible for 

Federal reimbursement. It also conducts periodic 

reviews to ensure that project sponsors fulfill their 

environmental commitments. Therefore, it’s 

essential that you engage the State DOT and, 

when appropriate, the FHWA, early and throughout 

your project’s entire process.
Federal-aid Essentials for Local Public Agencies

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

specific environmental topics

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

• FHWA overview of mitigation requirements for transportation projects

http://environment.fhwa.dot.gov/projdev/tdmmitig2.asp

• FHWA report on innovative approaches and successful environmental 

practices

http://www.environment.fhwa.dot.gov/strmlng/domScanRpt/index.asp