Background on NEPA Implementation for Highway Projects: Streamlining the Process (CRS Report for Congress)
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| Release Date |
Aug. 6, 2003 |
| Report Number |
RL32024 |
| Report Type |
Report |
| Authors |
Linda G. Luther, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
Summary:
Before a federally funded surface transportation project can proceed, the Department of
Transportation's (DOT) Federal Highway Administration (FHWA) must ensure compliance with all
local, state, and federal legal requirements regarding the environment, including the National
Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.). NEPA requires all federal
agencies to provide an Environmental Impact Statement (EIS) for every proposed major federal
action significantly affecting the quality of the environment. Projects with uncertain or
insignificant
impacts also require documentation. Such projects either require an Environmental Assessment
(EA) or are categorically excluded from requirements to prepare an EA or EIS.
In addition to NEPA, any given transportation project may require compliance with a wide
variety of legal requirements, enforceable by multiple agencies. For example, impacts of a highway
project may trigger requirements under the National Historic Preservation Act (16 U.S.C. 470) or
the Clean Water Act (33 U.S.C. 1251). FHWA regulations require that compliance with all
applicable environmental laws, executive orders, and other legal requirements be documented within
the appropriate NEPA documentation (a concept referred to as the "NEPA umbrella").
There has been a long-standing perception that high-profile highway construction projects have
been delayed by implementation of NEPA's requirements. However, until recently, there was only
anecdotal information directly linking the "NEPA process" to widespread highway project delays.
Several studies conducted by the General Accounting Office and the FHWA have attempted to
determine a distinct connection between NEPA compliance and highway project delays.
In 1998, Congress passed the Transportation Equity Act for the 21st Century (TEA-21, P.L.
105-178 ) that reauthorized the federal surface transportation programs for highways, highway safety,
and transit for fiscal years 1998-2003. To address concerns regarding highway project delays,
Congress included Section 1309 in TEA-21, "Environmental Streamlining," that required DOT to
develop and implement a "coordinated environmental review process" for projects having a
significant impact on the environment. That process was intended to encourage full and early
participation by all agencies required to participate in a highway project.
Since TEA-21 was enacted, numerous administrative activities have been undertaken to
facilitate streamlining. However, corresponding regulations have not been finalized. Continued
efforts to streamline the NEPA process are expected in legislation to reauthorize surface
transportation programs for fiscal years 2004-2009. This report provides background on the NEPA
process and discusses streamlining activities to date. It does not cover current debate on streamlining
efforts related to the reauthorization legislation (see CRS Report RL32032 , Streamlining
Environmental Reviews of Highway and Transit Projects: Analysis of SAFETEA and Recent
Legislative Activities ). This report will be updated when changes to the NEPA process are
in place.
