Section 1311: Development of Programmatic Mitigation Plans Questions & Answers

Posted 9/25/2012

Question 1: Are programmatic mitigation plans required during project development?

Answer 1: No. MAP-21 provides that a State or Metropolitan Planning Organization may develop one or more programmatic plans to address the potential environmental impacts of future transportation projects (23 U.S.C. 169(a)). The agencies will explore opportunities to encourage and assist development of these plans by States and Metropolitan Planning Organizations.

Question 2: When in the project development process could programmatic mitigation plans be developed?

Answer 2: MAP-21 envisions the development of programmatic mitigation plans as a part of the statewide or metropolitan transportation planning process. (23 U.S.C. 169(a))

Question 3: At what scale can programmatic mitigation plans be developed?

Answer 3: Plans may be developed on a regional, ecosystem, watershed, or statewide scale. (23. U.S.C. 169(b)(1))

Question 4: What role do the resource agencies have in the development of a programmatic mitigation plan?

Answer 4: MAP-21 states that the scope of a plan shall be determined by the State or Metropolitan Planning Organization in consultation with the agency or agencies with jurisdiction over the environmental resources being addressed in the mitigation plan. This section also requires consultation with each agency with jurisdiction before adoption of the plan, including an opportunity for review and comment by those agencies. (23. U.S.C. 169(b)(4), (d)(1))

Question 5: What role does the public have in the development of a programmatic mitigation plan?

Answer 5: MAP-21 requires that a draft of the plan be available to the public for review and comment and that the public's comments be addressed in the final plan. (23. U.S.C. 169(d))

Question 6: What is the effect of a programmatic mitigation plan on the environmental review process that occurs later?

Answer 6: Further guidance will be provided in the future.