The
Council
on Environmental Quality (CEQ) regulations for implementing the
National
Environmental Policy Act (NEPA), 40 CFR 1500-1508, provide the basic
framework for all federal agencies to follow in complying with the law.
The
Federal
Highway Administration (FHWA) has developed regulations as described
in Title 23 - Code of Federal Regulations, Subchapter H- Right-of-Way
and Environment, Parts 771,
Subparts
Environmental Impact and Related Procedures (commonly referred to as 23
CFR 771).
FHWA regulation prescribes the policies and procedures of the FHWA and
the
Federal Transit Administration (FTA), formerly the
Urban Mass Transportation
Administration (UMTA), for implementing NEPA. This regulation sets forth
all FHWA, FTA, and
Department of Transportation (DOT) requirements under
NEPA for the processing of highway and urban mass transportation projects.
For transportation decision-making, FHWA adopted a policy of managing
the NEPA process as an "umbrella" under which all other environmental
laws, executive orders and regulations are considered, prior to the
final decision on a proposed action or project. The FHWA/NEPA process
is designed for transportation officials to make project decisions that
balance engineering and transportation needs with the consideration
of social, economic, and environmental factors. The process allows for
access and input from a wide variety of parties, including the affected
public, businesses, stakeholders and interest groups, and agencies at
all levels of government.
It is the policy of FHWA to ensure that:
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To the fullest extent possible, all environmental
investigations, reviews and consultations are to be coordinated as
a single process, and compliance with all applicable environmental
requirements be reflected in the environmental document required by
this regulation. FHWA and UMTA have supplementary guidance on the
format and content of NEPA documents for their programs. This includes
a list of various environmental laws, regulations and executive orders
which may be applicable to projects. The FHWA Technical Advisory T6640.8A,
October 30, 1987, and the UMTA supplementary guidance are available
from the respective FHWA and UMTA headquarters and field offices as
prescribed in 49 CFR Part 7, Appendices D and G.
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Alternative courses of action are to be evaluated
and decisions are to be made in the best overall public interest,
based upon a balanced consideration of the need for safe and efficient
transportation; of the social, economic, and environmental impacts
of the proposed transportation improvement; and of national, state,
and local environmental protection goals.
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Public involvement and a systematic interdisciplinary
approach are to be essential parts of the development process for
proposed actions.
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Measures necessary to mitigate adverse impacts are
to be incorporated into the action. These measures are eligible for
federal funding when the administration determines that the impacts
for which the
mitigation
is proposed actually result from the Administration action, and that
the proposed mitigation represents a reasonable public expenditure
after considering the impacts of the action and the benefits of the
proposed mitigation measures. In determining the latter, the administration
will consider, among other factors, the extent to which the proposed
measures would assist in complying with a federal statute, executive
order, or administration regulation or policy.
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No person, because of handicap, age, race, color,
sex, or national origin, is to be excluded from participating in,
or denied benefits of, or be subject to discrimination under any administration
program or procedural activity required by or developed pursuant to
this regulation.
There are three classes of actions that prescribe the level of documentation
required in the NEPA process.
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