SAFETEA-LU: Environmental Provisions for Transportation Planning
Slide 1
SAFETEA-LU: Environmental Provisions for Transportation Planning
Michael Culp
FHWA Office of Project Development and Environmental Review
michael.culp@dot.gov
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SAFETEA-LU Section 6001
Expanded environmental considerations in Metropolitan and Statewide Transportation Planning
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Consultation Provision
- During development of long-range transportation MPOs and States must consult "as appropriate" with State and local agencies responsible for:
- Land-use management
- Natural resources
- Environmental protection
- Conservation
- Historic preservation
- For Statewide plans, States must also consult with Tribal agencies
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Consultation Provision (cont)
- The consultation shall involve, "as appropriate"
- Comparison of transportation plans with State conservation plans or maps, if available; or
- Comparison of transportation plans to inventories of natural or historic resources, if available
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Plans and Inventories
What are the other plans or inventories that might be considered?
Diagram of the following:
A bubble with Transportation Plan is in the center, with spokes around it connecting to Wildlife Action Plans, Multi-species Habitat Conservation Plans, Natural Heritage Databases, Land Use Plans, Green Infrastructure Planning, Watershed Plans, Historic Resource Inventories, and Special Area Management Plans.
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Mitigation Provision
- Long-range transportation plans must include a discussion of potential environmental mitigation activities and potential locations to carry them out
- Must be developed in consultation with Federal, State and Tribal wildlife, land management, and regulatory agencies
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How do the planning provisions relate to project development, NEPA and 106?
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A few differences ...
- Local and State elected officials — driven process
- High level (systems-perspective)
- Produces Long Range Plan/TIP
- Process Certified by FHWA/FTA
- Not a Federal Action or reviewable by courts
- Lead agency/FHWA driven
- Project-Alternatives specific
- NEPA document/MOA
- Approved by FHWA
- Federal Action, reviewable by courts
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Consideration of Cultural Resources
- Preservation plans
- Data/inventories
- General assessment
- Fuzzy, systems-level
- Project-specific inventories
- Project-specific analysis
- Focused consideration of significance & eligibility
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Mitigation
- General discussion of mitigation "activities"
- Avoidance and minimization during plan development
- Eco-system-level, banking (most value)
- Fuzzy, systems-level
- Project-specific impact mitigation, avoidance and minimization
- Project-level, at project site and in-kind (may be costly and low value)
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What's in it for you?
Better Plans, Projects and Stewardship
- Early involvement in planning envisioned as part of NEPA to ensure better decisions
- Planning products are being encouraged to be used in NEPA, given that they are done appropriately
- Projects from a "environmentally-considerate" planning process will be better projects
- If resource agencies are not involved, may have problems down the road
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Some next steps
- NPRM for Planning is currently out for comment until September 7, 2006
- Deadline for Planning Agencies to comply with provisions is July 1, 2007
- Agencies will likely be developing approaches to meet requirements soon
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Thank You!
michael.culp@dot.gov
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