NEPA Implementation
To assist Federal agencies in effectively implementing the environmental policy and "action forcing" provisions of NEPA, CEQ issued Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR §§ 1500–1508). In 1980,CEQ issued the guidance document, Forty Questions and Answers on the CEQ Regulations. Since that time, CEQ has published additional NEPA process guidance and information covering a variety of issues.
To address the NEPA responsibilities established by CEQ, FHWA issued regulations Environmental Impact and Related Procedures (23 CFR §771) and corresponding guidance, Technical Advisory (T 6640.8A): Guidance for Preparing and Processing Environmental and Section 4(f) Documents. The Technical Advisory provides detailed information on the contents and processing of environmental documents. Supplemental information on select environmental topics can also be found under Environmental Topics.
LAWS AND REGULATIONS
| Subject/Title |
Resource URL |
| Title 23: Highways |
| Chapter 1 – Federal-Aid Highways, Sec. 109 – Standards |
23 U.S.C. 109 |
| Environmental Impact and Related Procedures |
23 CFR 771 |
| Preamble to the Regulation on Environmental Impact and Related Procedures (March 24, 2009) |
Preamble |
| Preamble to the Regulation on Environmental Impact Statements and Related Documents (August 28, 1987) |
Preamble |
| Procedures for Abatement of Highway Traffic Noise and Construction Noise |
23 CFR 772 |
| Parks, Recreation Areas, Wildlife and Waterfowl Refuges and Historic Sites (Section 4(f)) |
23 CFR 774 |
| Mitigation of Impacts to Wetlands and Natural Habitat |
23 CFR 777 |
| Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects |
E.O. 13807 |
| Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects |
E.O. 13766 |
| Environmental Stewardship and Transportation Infrastructure Project Reviews |
E.O. 13274 |
GUIDANCE
| Subject/Title |
Resource URL |
| Fixing America’s Transportation (FAST) Act |
| In-Depth Questions and Answers on the changes to 23 U.S.C. § 139 as they relate to FHWA, FRA, and FTA projects |
Q&A |
| Questions and Answers on the Applicability of 23 U.S.C. § 139 to FHWA, FRA, and FTA Projects |
Q&A |
| Changes to 23 U.S.C. §§ 326 and 327 through Implementation of Sections 1307 and 1308 of the Fixing America's Surface Transportation (FAST) Act |
Memorandum |
| Categorical Exclusion for Projects of Limited Federal Assistance |
Guidance |
| Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) |
| Environmental Review Process Final Guidance – SUPERSEDED BY: Section 139 Efficient Environmental Reviews for Project Decisionmaking and One Federal Decision Interim Final Guidance |
Guidance – SUPERSEDED |
| Section 139 Efficient Environmental Reviews for Project Decisionmaking and One Federal Decision |
| Section 139 Notice of Availability |
Notice of Availability |
| Section 139 Efficient Environmental Reviews for Project Decisionmaking and One Federal Decision Interim Final Guidance |
Guidance |
| Section 139 Environmental Impact Statement (EIS) Process Chart |
EIS Process Chart |
| Section 139 Environmental Assessment (EA) Process Chart |
EA Process Chart |
| Other Guidance |
| Clarifying Fiscal Constraint Guidance |
Memorandum |
| Guidance on Financial Planning and Fiscal Constraints for Transportation Plans and Programs |
Memorandum |
| Guidance on Purpose and Need |
Memorandum |
| NEPA Re-Evaluation Joint Guidance for FHWA, FRA, & FTA |
Guidance |
| Interim Guidance on the Application of Travel and Land Use Forecasting in NEPA |
Guidance |
| TECHNICAL ADVISORY (T 6640.8A): Guidance for Preparing and Processing Environmental and Section 4(f) Documents |
Guidance |
| The Development of Logical Project Termini |
Guidance |
| Additional Flexibilities in Developing Categorical Exclusions (May 2017) |
Memorandum |
| Additional Flexibilities in Developing Categorical Exclusions (June 2018) |
Memorandum |
| The Importance of Purpose and Need in Environmental Documents |
Guidance |
| Guidance on FHWA Prior Concurrence Procedures for EISs |
Guidance |
RESOURCES
| Subject/Title |
Resource URL |
| Title 23: Highways |
| Environmental Review Process Checklist |
Checklist |
| Project Development and Documentation Overview |
Overview |
