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THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
May 6, 2003
The Honorable James Connaughton
Chairman, Council on Environmental Quality
722 Jackson Place, NW
Washington, D.C. 20503
Dear Mr. Connaughton:
As Chairman of the Interagency Transportation Infrastructure Streamlining Task Force
established by Executive Order 13274, I am seeking your guidance on an important
issue that has significant implications for our ability to carry out the President's mandate
to promote environmental stewardship and streamline environmental reviews on the
Nation's transportation infrastructure projects.
As you are aware, under the National Environmental Policy Act of 1969 (NEPA), the
"purpose and need" for a project is a critical element in the environmental review
process. It explains the reason that the action being proposed is needed and serves as
the basis for developing a reasonable range of alternatives.
Disagreements on "purpose and need" can stall the environmental review process at
the very beginning, resulting in unnecessary delays in project development and
impeding effective environmental stewardship. Unfortunately, in many cases, there have
been extended interagency debates about purpose and need, rather than discussions
about the environmental impacts of actions being proposed to address that purpose and
need. For this reason, the Interagency Task Force has identified "purpose and need" as
a priority issue to address in pursuing its mandate to promote policies that can
effectively streamline the approval process for transportation infrastructure projects
while maintaining safety, public health, and environmental protection.
"Purpose and need" issues have arisen in many contexts on projects across the United
States. The Department considered addressing the lead agency's responsibility
regarding purpose and need while developing the Administration's proposed surface
transportation reauthorization legislation, the "Safe and Flexible Transportation
Efficiency Act of 2003" (SAFTEA). However, we believe that guidance from CEQ on this
point could obviate the need for legislative clarification.
I am specifically asking for your guidance on two important questions relating to
"purpose and need." First, what is the role of the lead agency under NEPA in
determining "purpose and need?" Second, what is the appropriate role of cooperating
agencies in reviewing the "purpose and need" for a project? Your response to these
questions will help agencies better understand their respective roles in the NEPA
process and expedite the process by making the ultimate responsibility of the lead
agency clear.
Given the importance that the President has placed on enhancing environmental
stewardship and streamlining the environmental review and development of
transportation infrastructure projects, I respectfully ask for your prompt response on this
matter. My staff and I are available to assist you in any way that we can as you address
this issue.
I thank you for your ongoing support in our collective efforts to develop critical
transportation infrastructure projects in an efficient and environmentally sound manner.
Sincerely yours,
[Original signed by]
Norman Y. Mineta
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