Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Environment

NEPA Regulatory Framework and Process

Environmental Impact Statement

The National Environmental Policy Act, known 

as NEPA, requires the analysis of environmental 

impacts for all federally funded projects Impact 

significance—not size or cost— dictates the 

class of action, and thereby, the NEPA process 

and requirements for 

documentation and 

public involvement. 

A very small 

percentage of Federalaid projects are found 

to have significant 

impacts and lead to the 

preparation of an Environmental Impact 

Statement, or EIS. Preparation of an EIS is a 

complex and highly structured process, and from 

project initiation to the record of the decision, it 

can take a considerable time and money to 

complete. 

To get a better sense of what’s involved; let’s 

follow the Southside community as it engages in 

the NEPA process and selects a course of 

action. During project initiation, the project team 

documents the purpose, need and possible 

alternatives. Essentially, the towns of Southside 

and Northside are joined by a bridge that is fast 

approaching the end of its useful life. The 

commuters and school children of both 

communities rely heavily on this crossing as the 

nearest alternate is 15 miles away. In Southside, 

two alternative approaches to the bridge will be 

considered — Main Street, near the current 

bridge’s location, and Broad Street. 

During the scoping phase, the team looks 

closely at the alternatives and building sites for 

opportunities to lessen any negative impact. 

They find that if Main Street continues as the 

approach, the replacement bridge will divert 

traffic away from the commercial district, 

resulting in a substantial loss of income for the 

business community. 

For this reason, most city officials prefer to move 

the approach to Broad Street. However, Broad 

Street is the heart of a designated historic 

district, but there is opposition from the State 

Historic Preservation Officer and others to this

alternative. As a result, the project team 

conducts additional studies during the 

environmental analysis phase.

An overview of responsibilities and evaluation processes when 

a Federal-aid project’s environmental impacts are significant
Federal-aid Essentials for Local Public Agencies

One study confirms that the replacement of the 

bridge has near unanimous support, but there is 

considerable controversy between those 

favoring the Broad Street and the Main Street 

locations. ·

A historic review of the area determines that the 

Main Street commercial district is also eligible 

for historic status. Additionally, a focus group is 

formed to recommend design elements that will 

be in keeping with the area’s historic setting. 

During the draft EIS phase, documentation is 

prepared and provided to the public for 

comment. A nationally recognized expert on 

historic districts evaluates the two alternatives. 

She concludes that the Broad Street alternative 

is superior because the Main Street business 

community is reliant on exposure to traffic. To 

enhance the historic fabric of the town, she 

suggests better access to the business district 

and a tunnel under the historic district. 

To facilitate public review and comment, the 

draft EIS is placed in the city hall and the public 

library, and several workshops are scheduled. 

The local news media assist in the distribution of 

information on the project, and the workshops 

are well attended. 

The final EIS recommendation is an approach 

along Broad Street with refinements suggested 

by the expert and the focus group. The State 

Historic Preservation Officer accepts the 

proposal and concludes the historic consultation 

process. The final EIS is published and copies 

are circulated free of 

charge to interested 

community members. 

Following the required 

comment period on the 

final EIS, the Federal Highway Administration 

(FHWA), as the approving authority, publishes a 

record of decision, a document that states what 

the decision is, the alternative reviewed, and 

plans for lessening any environmental impact. 

The FHWA is satisfied that the documentation 

and public input processes required by NEPA 

were followed. They accept the final EIS and 

approve the proposed bridge. 

This concludes the NEPA process for the 

Southside community. In review:

• The project was initiated with a statement of 

purpose and need that outlined the bridges 

role in connecting residents with 

employment centers.

• During the scoping phase, two bridge 

alternatives were developed.

• Potential impacts to both the business 

community and historic district were then 

analyzed, published in the draft and final 

EIS, and widely circulated for public review 

and comment.

• FHWA’s record of decision allowed the 

project to proceed with the commitment to 

tunnel under the historic district. 

The public works department then completes the 

design, procures the right-of-way for the tunnel, 

and proceeds with construction. 

At the ribbon cutting ceremony, the residents of 

Southside express complete satisfaction with 

their beautiful new bridge, vibrant historic 

district, and strong commercial center. 

For your own successful conclusion, engage 

your State department of transportation and, 

when appropriate, FHWA, early and throughout 

your project’s entire EIS preparation. They have 

considerable knowledge and expertise in all 

areas of NEPA compliance. 
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number

DTFH61-11-D-00025 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This companion resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• Guidance on NEPA and project development, including updated environmental 

policy, guidance, best practices and training

http://environment.fhwa.dot.gov/projdev/pd3tdm.asp

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

human and natural environmental impacts

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

• Federal regulation defining EIS class of action

http://www.ecfr.gov/cgi/t/text/textidx?c=ecfr;sid=cd57244fb59738ef1e8c59072252dc3a;rgn=div5;view=text;node=

23%3A1.0.1.8.43;idno=23;cc=ecfr#23:1.0.1.8.43.0.1.10