SAFETEA-LU Environmental Provisions and Related Information

Highlights of SAFETEA-LU Environmental Provisions

Below is a brief summary of several SAFETEA-LU Provisions that have helped to shape the current environmental review process.

Section 6002: Efficient Environmental Reviews for Project Decision Making highlights the updates the environmental review process to include a new category of "participating agencies" for Federal, state, and local agencies and tribal nations that have an interest in the project. The lead agency must establish a coordination plan for agency and public participation and comment. Also under the provision, the participating agencies and the public wil have the opportunity to comment on both the Purpose and Need and Range of Alternatives for a project. In addition, a 180-day statute of limitations for lawsuits challenging Federal agency approvals is provided, but it will require a new step of publishing a notice of environmental decisions in the Federal Register.

Section 6001: Statewide Transportation Planning; Metropolitan Transportation Planning requires transportation agencies to consult with resource agencies in statewide and metropolitan planning. Agencies must discuss potential environmental mitigation activities during the transportation planning process.

Section 6004: State Assumption of Responsibility for Categorical Exclusions (CE) declares that Division Offices may assign responsibilities and liabilities for making project specific CE determinations to State Departments of Transportation (DOT). An MOU template is available to help Division Offices and State DOTs begin the process of assigning responsibilities and liabilities for making project specific CE determinations to the State.

Section 6005: Surface Transportation Project Delivery Pilot Program describes the assumption of USDOT environmental responsibilities under NEPA and other environmental laws. The pilot program — permitted for not more than five states — allows the Secretary of Transportation to assign, and the State to assume, the Secretary's responsibilities under the National Environmental Policy Act (NEPA) for one or more highway projects.

• A Complete List of States Participating in the Pilot Program
• The Memoranda of Understanding between each State and FHWA
• FHWA Audit Reports of each Participating State

Section 6007: Exemption of Interstate System exempts most of the Interstate Highway System from consideration as a historic property under existing Section 4(f) legislation. A final list of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System and Listing of State Archival Materials Pertaining to the Interstate Highway System is now available at http://environment.fhwa.dot.gov/histpres/highways.asp.

Section 6009: Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites amended existing Section 4(f) legislation to simplify the processing and approval of projects that have only de minimis impacts on lands protected by Section 4(f). Once the USDOT determines that a transportation use of Section 4(f) property, after consideration of any impact avoidance, minimization, and mitigation or enhancement measures, results in a de minimis impact on that property, an analysis of avoidance alternatives is not required and the Section 4(f) evaluation process is complete.

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SAFETEA-LU Guidance and Information

• Interim Guidance on SAFETEA-LU Planning, Environment, and Air Quality Provisions — Joint FHWA/FTA Authorities, September 2, 2005
• Interim Guidance on SAFETEA-LU Planning, Environment, and Air Quality Provisions — FHWA Authorities, September 2, 2005
• SAFETEA-LU Legislation, Summary Information, Fact Sheets, Funding Tables, and Cross Reference

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