The U.S. Department of Transportation, Federal Highway Administration, Alaska Division (FHWA), and the Alaska Department of Natural Resources (ADNR), have developed this Programmatic Agreement to establish the procedures for environmental processing for the Recreational Trails Program projects pursuant to the National Environmental Policy Act (NEPA) and 23 CFR 771.
APPLICABILITY -- This Programmatic Agreement applies to all eligible Recreational Trail Program projects that are administered through ADNR, Division of Parks and Outdoor Recreation, and funded by the FHWA as authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and codified under 23 U.S.C. 206.
STIPULATIONS -- This Agreement establishes three stipulations under which individual Recreational Trail Program Projects may be reviewed, documented, and approved in accordance with the NEPA and 23 CFR 771.
STIPULATION 1 -- Consistent with 23 CFR 771.117(c), the FHWA has determined that some Recreational Trail Program activities have either no effect or minimal effect to the environment. Therefore, the following activities may be designated as Categorical Exclusions (CE) without completion of an Environmental Review Checklist:
The ADNR Division of Parks and Outdoor Recreation shall document and certify to FHWA the applicability of Stipulation 1 to individual projects at the time of request for project authorization.
STIPULATION 2 -- Consistent with 23 CFR 771.117(c) and (d), the FHWA has determined that the following eligible Recreational Trails Program activities may cause minimal, but non-significant, effects to the environment:
The ADNR Division of Parks and Outdoor Recreation shall certify and send applicant-completed Environmental Review Checklists (Attached) to FHWA for consultation and approval prior to the request for project authorization.
STIPULATION 3 -- For any proposed project that has potential to significantly affect the environment, ADNR Division of Parks and Outdoor Recreation shall consult with FHWA to determine the appropriate environmental class of action, as well as the extent and type of environmental studies. The ADNR Division of Parks and Outdoor Recreation shall consult with the FHWA on any proposed project that has any of the following conditions:
For projects meeting the conditions of Stipulation 3, ADNR Division of Parks and Outdoor Recreation shall forward applicant-completed Environmental Review Checklists (Attachment A), to facilitate consultation with the FHWA.
AMENDMENTS -- This Programmatic Agreement may be amended at any time, provided the ADNR and FHWA agree to the amendment and ample notice to make program adjustments is afforded.
TERMINATION -- The ADNR or FHWA may elect to terminate this Programmatic Agreement at any time, provided thirty-day written notice is provided in advance of the termination.
DURATION -- This agreement shall remain in effect until 30 September, 2010, unless otherwise amended or terminated.
Federal Highway Administration
Thomas E. Irwin
Alaska Department of Natural Resources