The National Environmental Policy Act and DesignBuild Transportation
The National Environmental Policy Act and Design-Build Transportation NAEP 26 th Annual Conference Washington, DC Lamar Smith Office of NEPA Facilitation
Consider ² ² NEPA process for Federal transportation projects How design-build project development differs from “traditional” project development How the NEPA process is performed or different for design-build project development To what degree does project size, complexity, cost, or level of NEPA documentation make a difference ?
The National Environmental Policy Act ² National Environmental Policy ² Responsibility of the Federal Government ² Federal Environmental Process
NEPA Principles of Decisionmaking ² ² ² ² Systematic, interdisciplinary approach Environmental amenities and values are given appropriate consideration Objective consideration of alternatives Agency consultation, involvement, and input Public involvement and participation Informed and balanced decisionmaking Documentation and disclosure of proposals Avoidance, minimization, compensation
FHWA NEPA Process ² ² ² Environmental investigations, reviews, and consultations are coordinated as a single process Compliance with applicable requirements be reflected in process and documentation Alternatives are evaluated and decisions made in consideration of the best overall public interest Public involvement and agency coordination Systematic and interdisciplinary analysis Incorporate mitigation into projects
FHWA NEPA Process ² ² Transportation Decisionmaking • purpose and need is reflected in alternatives • alternative not “selected” until NEPA is completed Environmental protection and enhancement • analysis of impacts and alternatives • mitigation commitments Compliance with applicable laws, regulations, … Public participation and interagency consultation and coordination is essential
Project Development
Alternatives Analysis / Decisionmaking ² ² Objective consideration: balance of environmental impacts and transportation benefits • reasonable alternatives (purpose and need) • no-build alternative (base line) • avoidance and minimization (mitigation) Ensure meaningful evaluation of alternatives • connect logical termini, have independent utility, and not restrict consideration of alternatives
Limitation on Actions NEPA / CEQ ² Until the ROD is issued no action shall be taken … FHWA Regulation ² …shall not proceed until … TEA-21 ² Section 1307 (3) Design-build contracting. -(B) Limitation on final design
Design-Bid-Build Process
Design-Build Process
Final Design ² ² When does preliminary design end and final design begin? Is there a distinct line between them and where is it drawn? How much design is too much? Enough? What’s the purpose of preliminary design? What constitutes full environmental investigation and analysis? When should design or other investigations for a particular “preferred alternative” be advanced.
NEPA and Design-Build Considerations ² ² ² The NEPA process is about …. Design-build differs in the performance of post NEPA decisionmaking activities and contracting NEPA is performed for design-build projects in the same way it is for any other project Project size, complexity, cost, and level of NEPA documentation have a similar influence The public and other agencies have a right to certain expectations Potential concerns for transportation projects
Potential Concern Accounting for Change ² Approach - the reevaluation process • subsequent changes to the project or location, • resulting new or additional impacts • new information relevant to the environment, location, and/or other project concerns ² Additional analysis and investigation ² Agency involvement and public participation ² New “significant” impacts require
Potential Concern Mitigation Commitments ² FHWA Policy • responsibility of the applicant • measures to mitigate adverse impacts are incorporated into the action • implement mitigation measures stated as commitments in the environmental documents ² FHWA responsibility to ensure compliance
Other Considerations ² ² ² ² Section 4(f) Section 404 process and permit application Section 106 Air quality conformity Endangered Species / Section 7 consultation The Uniform Act requirements Conflict of Interest ?
- Slides: 16