Arizona Department of Transportation ADOT Assumption of the

Arizona Department of Transportation (ADOT) Assumption of the Federal Highway Administration (FHWA) Environmental Review Responsibilities November 8, 2017

What is NEPA Assignment? q q Complete or partial transfer of FHWA’s environmental responsibilities under the National Environmental Policy Act (NEPA) to ADOT § An assignment of legal responsibility vs. delegation of approval authority § No change to any existing environmental laws Streamlining § One decision maker, direct consultation, eliminates layers of environmental review

What is NEPA Assignment? q q Categorical Exclusion (CE) Assignment Program § Covers “listed” CEs § Simpler – preservation/modernization type projects § December 2017 (MOU) NEPA Assignment Program § Covers unlisted CEs, Environmental Assessments (EA), & Environmental Impact Statements (EIS) § More complex - expansion type projects § June 2018 (MOU)

States Under Assignment § § § § Alaska California Florida Nebraska (in progress) Ohio Texas Utah q Benefits Achieved § Caltrans – 25% time savings in Environmental Assessments § Time = Money

NEPA Assignment Responsibilities q Project-level Responsibility, ADOT must: § Maintain appropriate staff and financial resources § Report CE determinations and NEPA decisions § Perform QA/QC, self-assessment, coordinate FHWA audits q Program-level Responsibility, FHWA retains: § Project level air quality conformity determinations (EA/EIS) § State can make a conformity determination for CE projects § Government-to-Government Tribal consultation (if requested) § Auditing and monitoring role of Assignment program not NEPA process

Legal Requirements q NEPA Assignment legal requirements (already in place) § Consent to accept the jurisdiction of the Federal courts - Limited waiver of sovereign immunity (Arizona Revised Statues: 28 -334) § Authority to enter into the Memorandum of Understanding (MOU) for each program (ARS 28 -334) § Certify that Freedom of Information Act (FOIA) equivalents are in place § Arizona State Attorney General’s Office

Next Steps 1. Draft CE MOU is in process § Agency and Public review (30 days - ongoing) 2. NEPA Assignment Application (23 CFR 773) § Agency and Public review (30 days) – Early 2018 3. NEPA Assignment MOU § Agency and Public review (30 days) – Spring 2018 4. Complete any updates to processes, procedures and agreements, training, etc. (ongoing)

Contact Information Paul O’Brien, P. E. (602) 712 -8669 Environmental Planning Administrator pobrien@azdot. gov Arizona Department of Transportation https: //www. azdot. gov/business/environmental-planning/ce-assignment -and-nepa-assignment