Streamlining Environmental Reviews of Highway and Transit Projects: Analysis of TEA-LU (H.R. 3) and SAFETEA (S. 732) (CRS Report for Congress)
Premium Purchase PDF for $24.95 (17 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Revised July 22, 2005 |
| Report Number |
RL32032 |
| Report Type |
Report |
| Authors |
Linda G. Luther, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium Revised May 31, 2005 (17 pages, $24.95)
add
-
Premium Revised Dec. 7, 2004 (17 pages, $24.95)
add
-
Premium Revised Oct. 1, 2004 (18 pages, $24.95)
add
-
Premium June 2, 2004 (20 pages, $24.95)
add
|
Summary:
Before final design activities, property acquisition, or construction for a federally funded surface
transportation project can proceed, the Department of Transportation (DOT) is required by law to
comply with environmental review provisions of the National Environmental Policy Act (NEPA, 42
U.S.C. 4321, et seq.). In addition, any surface transportation project will potentially require
compliance with a variety of federal, state, and local environmental laws, rules, and regulations, in
turn requiring the cooperation of federal, state, and local agencies.
Some Members of Congress have expressed concerns that the interagency coordination required
to complete the environmental review process for large, complex transportation projects can lead to
project delays. To address this concern, "Environmental Streamlining" provisions were included in
legislation that reauthorized federal surface transportation programs for FY1998-FY2003 in the
Transportation Equity Act for the 21st Century (TEA-21; P.L. 105-178 ).
During the 108th Congress, House- and Senate-passed legislation to reauthorize surface
transportation programs for FY2004-FY2009 ( H.R. 3550 and S. 1072 )
again included streamlining provisions. Conferees failed to reach an agreement on final
reauthorization legislation before adjournment of the 108th Congress. Essentially the same
streamlining provisions were included in legislation passed in the 109th Congress by the House
( H.R. 3 ) and the Senate ( S. 732 ). The House passed its bill, the
Transportation Equity Act: A Legacy for Users (TEA-LU), on March 10, 2005. On May 17, 2005,
the Senate passed its amended version of H.R. 3 (previously S. 732), the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act of 2005 (SAFETEA). The bills now
go to conference. Streamlining provisions include the designation of DOT as the "lead agency"
in the
environmental review process; the designation of authority to the lead agency to define a project's
purpose and need, and to determine the range of alternatives to be considered; the creation of a
dispute resolution process to address issues of concern between agencies; amendments to current
statutory requirements to potentially allow for the use of certain public lands or historic sites for
transportation projects; delegation of certain authority to state agencies; and the establishment of a
statute of limitations on final agency actions or comment deadlines applicable to agencies and the
public.
This report provides background and detail on streamlining provisions proposed during the
109th Congress. This report will be updated. For more information on issues regarding the
environmental review process, see CRS Report RL32024 , Background on NEPA
Implementation
for Highway Projects: Streamlining the Process .
