NEPA Assignment Surface ce T Transpor ortation P Proj oject ct D Delivery P Prog ogram Presentation to MPO’s, State and Federal Agencies December 2017
Overview • NEPA Assignment Overview • NDOT’s Approach • CE Assignment Requirements • Anticipated Changes • Next Steps to CE Assignment / Timeline • Full NEPA Assignment Goal • How can your Agency help? • Discussion / Q&A
NEPA Assignment Overview
What is NEPA Assignment? • Formal assignment of FHWA’s NEPA responsibilities to a State • All NEPA classes of action – CEs, EAs and EISs • All environmental laws, rules, and orders • NDOT will be the lead Federal Agency on all federal-aid projects for environmental decision-making • NDOT is legally responsible and liable for compliance NEPA Assignm gnment ent doe oes not not chang hange any e any cur urrent ent legal gal requirem emen ents. The here ar e are no no shor hortcut uts!
NEPA Classes of Action Enviro ronm nmental al A Asse sessment nt ( (EA) & & Cate ategori rical Exclusi usion (CE) E) Envir ironmenta tal I Impact S t Sta tatement (E t (EIS IS) (23 23 U USC 326 C 326) (23 23 U USC 327 C 327) 95% o of ND NDOT’ OT’s p prog ogram 5% 5% EAs, l limited E EISs “Typ ypica cal” ND NDOT p OT proj oject (ass More c e complicated ed projects cts (ne asset p preser servation, new l lane nes, ne new alignm nment nt, maintenance nce w work, fewer impacts t to resour ource ces, RO ROW) lot ots of of ROW acq cqui uisition, n, p pot otential p pub ublic con controversy) Exten ensive coordinat nation, review, a and docum ument ntat ation n Shor orter pr proj oject d del elivery time requirem emen ents Process Pr ss in Pl n Plac ace Requi uires ne s new SOP and and Gui uidanc dance NDOT h has h had re responsibility ty f for c r certa tain C CE documents ts b by pro rogrammati tic a agreement w t with th F FHWA since 20 2015 15.
NEPA Assignment Options 23 U 23 USC § 326 26 23 23 US USC § 327 27 Categorical Ca al E Exclusi usions ns (CE CEs O ONLY) Full l Pro rogram (C (CEs, E , EAs, & , & EIS ISs) Demonstrate R Readi adine ness ss – ND NDOT a OT already Demonstrate R Readi adine ness ss – bi bigger, mor ore d diver erse e res espo ponsible f for or approving ≈ 80% of CEs responsib ibilitie lities Less r ss risk sk exp xposur sure ( (no not i in n Fe Fede deral al Register) Greater r risk sk exp xposur sure Fast Faster implem ementation on Lon Longer Implem emen entation on No No a application on Forma mal appli licatio ion w with ith p publi lic comment p perio iod MOU OU ( (3 y 3 yea ears) – si signe ned b by D Divisi sion n Adm dmini nistrator MO MOU (5 y year ars) s) – signed b by Age Agency cy Ad Administrato tor Self asse assessm ssment repo eporting Self asse assessm ssment repo eporting Moni nitoring ng reviews ws – perfor ormed ed b by NE NE D Division on Audi udit reviews ws – HQ Q No per o performance measu asures r s requi uired Repo eport on on spec pecific per performance m e mea easures
Limitations of NEPA Assignment • The MOU defines the range of project actions and environmental responsibilities the State assumes • FHWA retains the following: • Engineering decisions (such as Interchange Justification Reports) • Project level air quality conformity determinations • Government-to-Government Tribal consultation • USDOT responsibilities for statewide and metropolitan planning • Projects that cross state lines
Exclusions from MOU • Projects that are not designed and constructed by NDOT • Direct recipient FAHP projects • Recreational Trails Program • Grants (TIGER, FASTLANE) • Tribal projects • Specific projects designated in MOU to remain with FHWA
NDOT’s Approach
What has already happened? • Built support of Innovation Task Force, Highway Commission • Passed New Legislation, LB271 (April 2017) • Kick-Off Meeting (June 2017) • Readiness Assessment (August 2017) • Interagency Kick-Off Meeting (August 2017) • NDOT/FHWA Workshop (October 2017) • Decision on Assignment Option (November 2017) • Staff Changes (2017)
NDOT’s Pathway Decision • NDOT will seek both CE Assignment and the Full NEPA Program as separate, but simultaneous efforts. • MOU for CE Assignment first, followed by formal application for Full Program Assignment • Quickly assume responsibility for majority of program • Gain efficiencies for these projects, resulting in savings for State and Local projects
CE Assignment Requirements
CE Assignment Requirements • Public and Agency Outreach • Guidance, Manuals, PAs will be changed to reflect that NDOT has assumed FHWA’s responsibilities • Draft MOU Public Comment Execute MOU • Other MOU commitments: • Financial Assurance • Maintain detailed files, records and make them available to FHWA • Conduct regular self assessments and continuous QA/QC on all actions • Ensure professional and experienced staff to meet the needs and expectations of CE Assignment
Anticipated Changes
Improvements at NDOT • This is an Agency-wide effort! • Staffing Additions • Improved Documentation of Documentation • Record retention • Record how and why decision are made • Ensure actions are tracked and documented • Complete and update existing Guidance, Manuals, and SOPs
Improvements at NDOT • Quality Assurance and Quality Control • Must ensure the completeness and accuracy of all environmental decisions • Must conduct regular self-assessments • Active tracking and implementation of corrective actions • Develop Training Program • Internal and External • Opportunities for Agency and Consultant participation
How will this change the process? • Resource Agencies & MPOs may not see much change – NDOT already handles the program on a day-to-day basis • Update existing Programmatic Agreements • Cover Letter with Agency signature • Describe new roles and responsibilities • Incorporate and develop conflict/escalation procedures – FHWA will no longer serve as intermediary All env nviron onmen ental requirements s and and com ommitments s wil ill l be be ad adher ered ed t to, o, jus ust as as the hey ar are e tod oday ay.
How will this change the process? How might the process change as we work with your Agency or MPO?
How will this impact FHWA? • FHWA retains oversight responsibilities and will provide: • Training • Program Technical Assistance and policy interpretation • Monitoring Reviews of NDOT processing and decision-making at specified intervals • Process and Program reviews • Reports to Congress • FHW HWA c cannot ot a assist o or help ND NDOT with proj ojec ect s speci ecific c deci cision-mak aking g on e envir ironmenta tal m matte tters rs
Next Steps & Timeline Limited waiver of sovereign immunity Identify desired scope of Assignment • Outreach – Listen and learn • Update existing Documentation, Programmatic Agreements • Prepare MOU • Train and implement • MOU executed by Spring 2018
Full NEPA Assignment Goal
Full NEPA Assignment Goal • There is overlap in effort, outreach will continue • Immediately proceed into Full Program requirements • Legal Sufficiency Review and Audit Procedures & Training • Establish Performance Measures • Update and review remaining policies and documentation to reflect full program responsibilities • Formal Application – Goal to submit in fall 2018 • MOU goal in spring 2019
How can your Agency help?
How can your Agency help? • Share your thoughts and concerns so that we can understand and address them • Work with NDOT to update any areas that are necessary • Processes/procedures/guidance documents • Programmatic Agreements • Prepare letters of support during public comment periods • Help us continue to improve and ensure positive performance of this program
NEPA Assignment Surface Transportation Project Delivery Program Contac Co acts: s: Bran andi die Neemann ann, Project Development Engineer Project ct D Development Division on Brandie.Neemann@nebraska.gov (402) 479-4795 Jaso son J Jurgens ns, Environmental Section Manager Project ct D Development Division on Jason.Jurgens@nebraska.gov (402) 479- 4418
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