Linking Planning & NEPA Overview Mitch Batuzich FHWA Texas Division FHWA Texas Division April 17, 2007

NEPA The National Environmental Policy Act (NEPA) of 1969 spells out: –National policy to protect and enhance the environment; –A process for assessing the impacts of Federal actions ; and –23 CFR 771

NEPA Goals Avoid Impacts Minimize Impacts Mitigate for Impacts

NEPA Process Required elements of the NEPA process and environmental documents include: –Description of project’s need and purpose –Consider a range of reasonable alternatives; –Describe affected environment and potential environmental effects & mitigation; –Public involvement and interagency coordination;

Legal Basis for Integrating Planning and NEPA

Council on Environmental Quality 40 CFR 1501 Integrate the NEPA process into early planning to ensure appropriate consideration of NEPA’s policies and to eliminate delay. Need for “cooperative consultation among agencies before the environmental impact statement is prepared”, rather than “submission of adversary comments on a completed document”; Integrate the NEPA process with other planning at the earliest possible time to ensure that planning and [agency] decisions reflect environmental values….”

Environmental Planning Factor Planning factors must be considered, including, among other factors, the protection and enhancement of the environment. 23 U.S.C. 134(f) and 135(c).

SAFETEA-LU Expanded Consultation and Participation in Transportation Plan and TIP/STIP Development. Environmental Mitigation Activities addressed in Metropolitan and Statewide Transportation Plans. Promote consistency between transportation improvements and State and local planning, growth and economic development patterns”

Current Practice However, statewide and metropolitan planning and NEPA are often treated as separate “stovepipes” that result in independent processes that are carried out sequentially. In many cases, planning and NEPA are addressed by different State and local resource agencies, or by different departments or offices within the same State DOT or local agency. Environmental resource and regulatory agencies may not become involved until after the project has been selected for advancement.

Linking Planning & NEPA Requires proactive steps to integrate long- range transportation planning and NEPA decision-making Change in culture. Streamline the overall process and make it more sensitive to environmental considerations (e.g., mitigation, avoidance, protected areas, endangered species and habitat, etc.).

How Can We Integrate the Two Processes?

“3-C” Planning Process The planning process should be comprehensive, cooperative, and continuous. In addition, the planning study process, the alternatives considered, and the resulting decisions must have “a rational basis that is thoroughly documented and vetted through the applicable public involvement processes.

Robust “3-C” Planning Process Incorporate the intent of NEPA through the consideration of natural, physical, and social effects. Involve environmental, regulatory, and resource agencies Thoroughly document the transportation planning process information, analysis, and decisions. Vet the planning results through the applicable public involvement processes Vet the planning results through the applicable public involvement processes

Carry Forward Planning Information, Analysis and Products into NEPA Analytical Support and Framework for NEPA Purpose & Need Discussions Range of Alternatives Considered Analysis of Affected Environment Improved Coordination

Carry Forward Planning Info into NEPA Environmental Mitigation  Use of remote sensing, GIS, and decision support systems for evaluating potential impacts and conservation strategies  Long-range transportation plans can be screened to assess the effect of general travel corridors or density, on the viability of sensitive resources.  Integrate Land Use and Transportation Planning.

Linking Planning and NEPA Improved linkages between planning and NEPA, we can achieve the following benefits: –Improved interagency coordination, cooperation, and consultation; –Reduction in time and effort to complete NEPA process; –Decisions and projects that reflect the goals of multiple agencies. –Planning decisions that “stick” and do not need to be revisited later in project development.

Linking Planning & NEPA NHI/NTI workshop held in State of Texas in January 30-February 2, 2006 in Austin, TX. The Austin, Dallas-Fort Worth, Houston and San Antonio MPOs participated and accepted “challenge” to link Planning and NEPA

Linking Planning & NEPA List of Guidance and Additional Resources FTA/FHWA HQ’s February 22, 2005 joint guidance memo on “Linking the Transportation Planning and National Environmental Policy Act (NEPA) Processes” (See “Eco-logical: An Ecosystem Approach to Developing Infrastructure Projects” report by U.S. DOT Research and Innovative Technology Administration, April (See NCHRP Report 8-38 “Consideration of Environmental Factors in Transportation Systems Planning”. (See AASHTO Center for Environmental Excellence: FHWA web site on Planning, Environment and Real Estate: FHWA web site on Environmental Streamlining:

Linking Planning & NEPA Questions?