Alaska Department of Transportation NEPA Assignment Program Overview
9/11/2024
2
O
v
e
r
v
i
e
w
What is it?
What will and won’t change?
Organization and authorities
Consultation
Questions and Discussion
NEPA Assignment
NEPA – What is it?
The National Environmental Policy Act (NEPA)
requires federal agencies
assess
environmental effects
of actions
prior to
making
decisions.
Using the NEPA process, agencies evaluate
environmental, social, & economic effects of
their actions. They also provide opportunities
for public and agency input.
9/11/2024
4
NEPA Classes of Action
The 3 NEPA “classes of action”
•
Categorical Exclusion (CE)
•
Environmental Assessment (EA)
•
Environmental Impact Statement (EIS)
Since 2009, DOT&PF has had responsibility for
CE determinations
NEPA Assignment – What is it?
2
3
U
S
C
3
2
6
C
a
t
e
g
o
r
i
c
a
l
E
x
c
l
u
s
i
o
n
A
s
s
i
g
n
m
e
n
t
(CE)
AK since 2009
Looking - AZ
2
3
U
S
C
3
2
7
Full NEPA assignment
(CE, EA, EIS)
CA, TX, OH, FL, UT
Looking - NE
9/11/2024
6
NEPA Assignment – What is it?
•
Formal Assignment of FHWA’s NEPA
responsibilities to a State who would assume:
All NEPA classes of action: CEs, EAs and EISs
All environmental laws, rules and orders
•
Under this program, DOT&PF will be deemed
to be a Federal Agency on most Federal-aid
Highway Program projects for environmental
matters.
9/11/2024
7
NEPA Assignment – What is it?
•
DOT&PF assumes legal responsibility and
liability to ensure compliance with all
environmental requirements
•
DOT&PF assumes liability and agrees to be
sued in Federal court
•
Memorandum of Understanding (MOU)
defines the range of project actions and
environmental responsibilities the State
assumes
Exclusions from MOU
•
Projects that are not designed and constructed by DOT&PF
•
Direct recipient FAHP projects;
•
Recreational Trails
•
TIGER Grants
•
Tribal projects
•
Shakwak
•
FASTLANES
•
Interstate access approvals, except for DOT&PF projects
•
Specific EIS* projects:
•
Gravina Access
•
Juneau Access
•
Sterling Highway MP 45-60
*The DOT&PF will be responsible for
any additional environmental review
after the expiration of the statute of
limitations (23 U.S.C. 139(l)).
9/11/2024
9
NEPA Assignment – What is it?
•
By law, FHWA
retains
:
Government to Government Tribal consultation
Federal-aid eligibility & other project decisions
Projects that cross state lines; or are adjacent
to, or that cross, international boundaries
Project level air quality conformity
determinations
9/11/2024
10
NEPA Assignment – What is it?
D
O
T
&
P
F
’
s
r
e
q
u
i
r
e
m
e
n
t
t
o
c
o
m
p
l
y
w
i
t
h
a
l
l
e
n
v
i
r
o
n
m
e
n
t
a
l
l
a
w
s
,
r
e
g
u
l
a
t
i
o
n
s
,
a
n
d
p
o
l
i
c
i
e
s
r
e
m
a
i
n
s
t
h
e
s
a
m
e
Potential for faster project delivery comes from:
•
Eliminating FHWA review and approval steps
•
Increased environmental process innovation
•
Easier communication and consultation
9/11/2024
11
How will this impact DOT&PF?
•
DOT&PF must comply with MOU in assuming
FHWA’s environmental responsibilities:
Maintain detailed files, records and make them
available to FHWA
Conduct regular self assessments
Maintain professional and experienced staff
Report all NEPA decisions to FHWA
9/11/2024
12
How will this impact FHWA?
•
FHWA retains oversight responsibilities, and will
provide:
Training
Program Technical assistance and policy interpretation
•
But no project-specific assistance
Audits of DOT&PF processing and decision making
Process and Program reviews
Reports back to Congress
9/11/2024
13
Communications with FHWA
•
Any Tribe, state or Federal agency may
contact FHWA at any time for:
Concern with how DOT&PF is fulfilling assigned
environmental responsibilities
Additional information about NEPA Assignment
program
Other project-specific matters
9/11/2024
14
FHWA Audits
Once a year for 4 years
FHWA may invite any state or Federal agency to
participate in audit of DOT&PF’s Program
Audits may include interviews with agency staff
Results of audit published in Federal Register
First audit will be April 2018
9/11/2024
15
Alaska DOT&PF’s Commitment
•
Under NEPA Assignment, Alaska DOT&PF will
remain committed to:
Listening to the public, Tribes, and agencies early
and throughout the environmental process
Responding quickly to concerns to find solutions
together
Maintaining the integrity of the NEPA process and
compliance with environmental laws
Agency Consultation with
DOT&PF
D
a
y
-
t
o
-
d
a
y
&
I
n
f
o
r
m
a
l
C
o
n
s
u
l
t
a
t
i
o
n
Regional DOT&PF Environmental
and Engineering Staff interact
with resource agencies
•
Scoping
•
Project Design Considerations
•
Permitting
F
o
r
m
a
l
C
o
n
s
u
l
t
a
t
i
o
n
DOT&PF NEPA Program Manger
acts as Federal Agency
representative, involved in:
•
Letters
•
Consultations
“Wears the FHWA hat”
Ex: Section 7 of Endangered
Species Act; MMPA IHA
Approval Authorities
E
I
S
-
S
t
a
t
e
w
i
d
e
E
n
v
i
r
o
n
m
e
n
t
a
l
P
r
o
g
r
a
m
M
a
n
a
g
e
r
E
A
-
S
t
a
t
e
w
i
d
e
E
n
v
i
r
o
n
m
e
n
t
a
l
P
r
o
g
r
a
m
M
a
n
a
g
e
r
-
(delegated) NEPA Program Manager
C
E
-
N
E
P
A
P
r
o
g
r
a
m
M
a
n
a
g
e
r
P
C
E
-
R
e
g
i
o
n
a
l
E
n
v
i
r
o
n
m
e
n
t
a
l
M
a
n
a
g
e
r
N
E
P
A
A
s
s
i
g
n
m
e
n
t
a
t
D
O
T
&
P
F
S
t
a
t
e
w
i
d
e
E
n
v
i
r
o
n
m
e
n
t
a
l
O
f
f
i
c
e
18
NEPA
Assignment
Program Mgr
NEPA Program
Manager
NEPA Program
Manager
NEPA Program
Manager
NEPA Program
Manager
Cultural
Resource
Program Mgr
Cultural
Resource
Specialist
Environmental
Compliance
Program Mgr
Stormwater
Specialist
Statewide
Environmental
Program
Manager
NEPA Program
Manager
N
E
P
A
A
s
s
i
g
n
m
e
n
t
a
t
D
O
T
&
P
F
E
n
v
i
r
o
n
m
e
n
t
a
l
S
t
a
f
f
19
The Alaska Department of Transportation's NEPA Assignment Program aims to assess and evaluate the environmental effects of actions through the National Environmental Policy Act (NEPA). Since 2009, the DOT&PF has been responsible for Categorical Exclusion determinations, ensuring compliance with environmental requirements and assuming liability on Federal-aid Highway Program projects. This program involves the formal assignment of FHWA's NEPA responsibilities to the state, encompassing all NEPA classes of action and environmental laws, rules, and orders. Public input and consultation are integral parts of the NEPA process, promoting transparency and accountability in infrastructure development projects in Alaska.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Alaska Department of Transportation & Public Facilities NEPA Assignment Program Overview Statewide Environmental Office October 2017 Keep Alaska Moving through service and infrastructure
NEPA Assignment Overview What is it? What will and won t change? Organization and authorities Consultation Questions and Discussion 2 9/11/2024 Keep Alaska Movingthrough service and infrastructure
NEPA What is it? The National Environmental Policy Act (NEPA) requires federal agencies assess environmental effects of actions prior to making decisions. Using the NEPA process, agencies evaluate environmental, social, & economic effects of their actions. They also provide opportunities for public and agency input. Keep Alaska Movingthrough service and infrastructure
NEPA Classes of Action The 3 NEPA classes of action Categorical Exclusion (CE) Environmental Assessment (EA) Environmental Impact Statement (EIS) Since 2009, DOT&PF has had responsibility for CE determinations 4 9/11/2024 Keep Alaska Movingthrough service and infrastructure
NEPA Assignment What is it? 23 USC 326 Categorical Exclusion Assignment (CE) 23 USC 327 Full NEPA assignment (CE, EA, EIS) AK since 2009 Looking - AZ CA, TX, OH, FL, UT Looking - NE Keep Alaska Movingthrough service and infrastructure
NEPA Assignment What is it? Formal Assignment of FHWA s NEPA responsibilities to a State who would assume: All NEPA classes of action: CEs, EAs and EISs All environmental laws, rules and orders Under this program, DOT&PF will be deemed to be a Federal Agency on most Federal-aid Highway Program projects for environmental matters. 6 9/11/2024 Keep Alaska Movingthrough service and infrastructure
NEPA Assignment What is it? DOT&PF assumes legal responsibility and liability to ensure compliance with all environmental requirements DOT&PF assumes liability and agrees to be sued in Federal court Memorandum of Understanding (MOU) defines the range of project actions and environmental responsibilities the State assumes 7 9/11/2024 Keep Alaska Movingthrough service and infrastructure
Exclusions from MOU Projects that are not designed and constructed by DOT&PF Direct recipient FAHP projects; Recreational Trails TIGER Grants Tribal projects Shakwak FASTLANES Interstate access approvals, except for DOT&PF projects Specific EIS* projects: Gravina Access Juneau Access Sterling Highway MP 45-60 *The DOT&PF will be responsible for any additional environmental review after the expiration of the statute of limitations (23 U.S.C. 139(l)). Keep Alaska Movingthrough service and infrastructure
NEPA Assignment What is it? By law, FHWA retains: Government to Government Tribal consultation Federal-aid eligibility & other project decisions Projects that cross state lines; or are adjacent to, or that cross, international boundaries Project level air quality conformity determinations 9 9/11/2024 Keep Alaska Movingthrough service and infrastructure
NEPA Assignment What is it? DOT&PF s requirement to comply with all environmental laws, regulations, and policies remains the same Potential for faster project delivery comes from: Eliminating FHWA review and approval steps Increased environmental process innovation Easier communication and consultation 10 9/11/2024 Keep Alaska Movingthrough service and infrastructure
How will this impact DOT&PF? DOT&PF must comply with MOU in assuming FHWA s environmental responsibilities: Maintain detailed files, records and make them available to FHWA Conduct regular self assessments Maintain professional and experienced staff Report all NEPA decisions to FHWA 11 9/11/2024 Keep Alaska Movingthrough service and infrastructure
How will this impact FHWA? FHWA retains oversight responsibilities, and will provide: Training Program Technical assistance and policy interpretation But no project-specific assistance Audits of DOT&PF processing and decision making Process and Program reviews Reports back to Congress 12 9/11/2024 Keep Alaska Movingthrough service and infrastructure
Communications with FHWA Any Tribe, state or Federal agency may contact FHWA at any time for: Concern with how DOT&PF is fulfilling assigned environmental responsibilities Additional information about NEPA Assignment program Other project-specific matters 13 9/11/2024 Keep Alaska Movingthrough service and infrastructure
FHWA Audits Once a year for 4 years FHWA may invite any state or Federal agency to participate in audit of DOT&PF s Program Audits may include interviews with agency staff Results of audit published in Federal Register First audit will be April 2018 14 9/11/2024 Keep Alaska Movingthrough service and infrastructure
Alaska DOT&PFs Commitment Under NEPA Assignment, Alaska DOT&PF will remain committed to: Listening to the public, Tribes, and agencies early and throughout the environmental process Responding quickly to concerns to find solutions together Maintaining the integrity of the NEPA process and compliance with environmental laws 15 9/11/2024 Keep Alaska Movingthrough service and infrastructure
Agency Consultation with DOT&PF Day-to-day & Informal Consultation Formal Consultation Regional DOT&PF Environmental and Engineering Staff interact with resource agencies Scoping Project Design Considerations Permitting DOT&PF NEPA Program Manger acts as Federal Agency representative, involved in: Letters Consultations Wears the FHWA hat Ex: Section 7 of Endangered Species Act; MMPA IHA Keep Alaska Movingthrough service and infrastructure
Approval Authorities EIS - Statewide Environmental Program Manager EA - Statewide Environmental Program Manager - (delegated) NEPA Program Manager CE - NEPA Program Manager PCE - Regional Environmental Manager Keep Alaska Movingthrough service and infrastructure
NEPA Assignment at DOT&PF Statewide Environmental Office Statewide Environmental Program Manager NEPA Assignment Program Mgr NEPA Program Manager Cultural Resource Program Mgr Environmental Compliance Program Mgr NEPA Program Manager NEPA Program Manager Cultural Resource Specialist NEPA Program Manager Stormwater Specialist NEPA Program Manager 18 Keep Alaska Movingthrough service and infrastructure
NEPA Assignment at DOT&PF Environmental Staff 19 Keep Alaska Movingthrough service and infrastructure
