Integrity ∙ Excellence ∙ Respect

Overview What is it? Why do it? Benefits & Risks - Alaska DOT&PF Perspective Other States Discussion and Questions NEPA Assignment

Integrity ∙ Excellence ∙ Respect 23 USC 326 – Categorical Exclusion (CE) assignment  AK, UT, CA* 23 USC 327 – Full NEPA assignment (CE, EA, EIS)  CA, TX, OH(pending), UT (pending) NEPA Assignment – What is it?

Integrity ∙ Excellence ∙ Respect Formal assignment of FHWA, FTA, and/or FRA environmental responsibilities to the state DOT.  State DOT considered the “Federal Agency” for projects  Assumes liability for challenges in court Waiver of sovereign immunity  Executed via Memorandum of Understanding (MOU) NEPA Assignment – What is it?

Integrity ∙ Excellence ∙ Respect Scope of NEPA Assignment State DOT Application defines scope By law, Federal Agency retains the following:  Engineering decisions  Project level air quality conformity determinations* (CE assignment differs)  Government to government Tribal consultation  USDOT responsibilities for statewide and metropolitan planning  Projects that cross state lines NEPA Assignment – What is it?

Integrity ∙ Excellence ∙ Respect All environmental laws, regulations, and policies remain the same Faster project delivery comes from: Eliminating federal review and approval steps Allowing for environmental process innovation, experimentation NEPA Assignment – Why do it?

Integrity ∙ Excellence ∙ Respect Risks Liability – 11 th Amendment Waiver  Attorney’s fees are Federal-aid eligible per MAP- 21 Staff Expertise, internal QA/QC required  Dedicated staff or consultants for NEPA reviews  State DOT Program staff for program oversight Regular audits by Federal Agencies (at the beginning) NEPA Assignment – Why do it?

Integrity ∙ Excellence ∙ Respect Benefits Autonomy and control over environmental decision making  State ownership of decisions Faster environmental consultations, decisions  Direct consultation with Federal Agencies Innovation Time = $  OH estimated 20% time savings, ~$20m / year savings NEPA Assignment – Why do it?

Integrity ∙ Excellence ∙ Respect 326 CE assignment since 2009  Established organizational change, HQ environmental oversight  Innovations in procedures, forms, processes result in time savings  FHWA role changed, support for program 327 Full NEPA assignment – The time is right  CA,TX, OH paved the way  Application regulations, template MOU  Multi-state coordination, permanent law AK DOT&PF Perspective