NEPA Implementation

To assist Federal agencies in effectively implementing the environmental policy and "action forcing" provisions of the National Environmental Policy Act (NEPA), (in 1978) the Council on Environmental Quality (CEQ) issued Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR §§ 1500–1508). In 1980,CEQ issued the guidance document, Forty Questions and Answers on the CEQ Regulations. Since that time, CEQ has issued additional guidance and other information covering a variety of issues relevant to the NEPA process. This information is available at the CEQ NEPA website.

To address the NEPA responsibilities established by CEQ, the Federal Highway Administration (FHWA) issued regulations (23 CFR § 771), Environmental Impact and Related Procedures. The FHWA guidance complementing the regulations were issued in the form of a Technical Advisory (T.6640.8a), Guidance for Preparing and Processing Environmental and Section 4(f) Documents. The Technical Advisory provides detailed information on the contents and processing of environmental documents. Additional guidance and information on the NEPA process and other environmental requirements are found in the Environmental Guidebook.

Federal NEPA Laws and Regulations

• NEPA of 1969
• CEQ Regulations 40 CFR §§ 1500 – 1508

FHWA Laws and Regulations

• 23 USC 109 (h)
• 23 CFR § 771 – Environmental Impact and Related Procedures
• 23 CFR § 771 – Preamble to the Regulation (March 24, 2009)
• 23 CFR § 771 – Preamble to the Regulation (August 28, 1987)
• 23 CFR § 772 – Procedures for Abatement of Highway Traffic Noise and Construction Noise
• 23 CFR § 774 – Parks, Recreation Areas, Wildlife and Waterfowl Refuges and Historic Sites (Section 4(f))
• 23 CFR § 777 – Mitigation of Impacts to Wetlands and Natural Habitat

NEPA Guidance

• § 1304 – Questions and Answers on the Applicability of 23 U.S.C. 139 to FHWA, FRA, and FTA Projects
• § 1307 and 1308 - Changes to 23 USC 326 and 327 through Implementation of Sections 1307 and 1308 of the Fixing America's Surface Transportation (FAST) Act
• § 1314 - Fixing America's Surface Transportation (FAST) Act Section 1314 Categorical Exclusion for Projects of Limited Federal Assistance Adjustment for Inflation
  • FAST ACT Sec. 1314 Implementation Guidance
• Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Section 6002 Environmental Review Process Final Guidance
• Environmental Review Process Checklist
• Project Development and Documentation Overview
• The Importance of Purpose and Need in Environmental Documents
• The Development of Logical Project Termini
• Guidance for Preparing and Processing Environmental and Section 4(f) Documents – FHWA Technical Advisory
• CEQ Guidance

For additional information, contact the Office of Project Development and Environmental Review at (202) 366-2065.

For questions or feedback on this subject matter content, please contact Harold Peaks.