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All highway projects require some level of environmental analysis to assess potential impacts. From installation of new roadside signs to construction of a new urban freeway, different levels of environmental review are required under the National Environmental Policy Act, which the Arizona Department of Transportation is required to follow when using federal funds.
To further streamline environmental review for federal-aid projects, Congress created the Surface Transportation Project Delivery Program, or “NEPA Assignment.” This program allows a state to apply for and assume decision-making and legal responsibility for meeting requirements of NEPA and other federal environmental laws otherwise administered by the FHWA for projects.
Recognizing that states are able to comply with federal environmental requirements on their own, while streamlining processes, and have waived their sovereign immunity in relation to federal court jurisdiction, ADOT is seeking environmental review authority and responsibility under NEPA Assignment for projects that require environmental assessments or the more rigorous environmental impact statements.
ADOT already has responsibility for certain NEPA decisions known as categorical exclusions, involving projects found not to have significant environmental impacts. ADOT entered into a separate agreement with the FHWA on Jan. 3, 2018, to assume that responsibility.
To assume review authority for other levels of environmental review, ADOT has submitted a Draft Memorandum of Understanding and Final Application Notice to assume environmental authority and review responsibility from the Secretary of Transportation as required by NEPA for federally funded highway projects in Arizona and for local projects that are not part of the highway system but are also federally funded. This is part of a process to streamline environmental reviews for transportation projects, while fulfilling all federal requirements.
The Application addresses ADOT’s plan to assume environmental authority and review responsibility for federally funded state highway system projects, including interstates, U.S. highways and state routes and Local Public Agency projects that are not part of the state highway system in Arizona. ADOT is also applying to assume all of FHWA’s responsibilities for environmental review, resource agency consultation, and other environmental regulatory compliance-related actions pertaining to the review or approval of projects in Arizona.
The MOU Notice outlining the program under which the FHWA would assign environmental review authority and responsibility to ADOT is now available for review and comment. ADOT encourages members of the public to review and comment on the Surface Transportation Project Delivery Program MOU, also known as NEPA Assignment.
- Please submit your comments online by using the Federal eRulemaking Portal. Go to http://www.regulations.gov and follow the online instructions for submitting comment.
- For more information, visit ADOT’s Environmental Planning and NEPA Assignment website or contact ADOT NEPA Assignment Manager Steven Olmsted at SOlmsted@azdot.gov or by calling 602.712.6421.
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