Environmental Review Process

Environmental Review Process
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
No comparable provision	Secretary can expedite reviews for critical transportation security projects [1206]	No comparable provision	No comparable provision
No comparable provision	Establishes policy and purpose for new measures to improve efficiency in environmental reviews - encourages use of Enlibra principles. Clarifies Congressional intent that reviews address both reduction in delays and protection of environment. [1602(a)]	Same as Administration bill [6002(a)]	No comparable provision
Establishes coordinated environmental review process. [TEA-21, 1309]	Coordinated environmental review process - revises requirements; concurrent reviews whenever practicable; project sponsor can request Federal agency cooperation in establishing timeframes; State and local gov't. can be joint lead agencies with DOT; Sec'y shall ensure project sponsor compliance. [1602(b) -(f)]	Establishes alternative project development process; DOT as leadagency, project sponsor is joint lead; Sec'y to ensure project sponsor compliance. Lead agency defines purpose and need, designates participating/cooperating agencies. [6002(b)] Includes provision to protect existing environmental review process approved by the Secretary. [6002(c)]	Establishes alternative project development process with stronger lead agency role for designated projects. DOT is lead agency; lead agency defines purpose and need, develops agency coordination plan and schedule. Federal, State, or local agency, or tribal gov't may be joint lead. Must have concurrence of project sponsor. [1511]
Provides for dispute resolution; Sec'y and Federal agency head have 30 days to resolve.	Dispute resolution -- Same as current law, but clarifies that the Secretary, State Governors and Fed. Agency heads can initiate. [1602 (e)]	Similar to Senate bill [6002(b)]	Similar to Administration bill, but adds provision for notification of agencies involved, as well as House T&I and SEPW if not resolved in 30 days. [1511]
Federal agencies can receive funds to expedite reviews. [1309(e)]	Assistance to affected agencies - clarifies that DOT can receive funds to expedite review; adds participating State agencies and Federally recognized tribes. [1602(g)]	Similar to Administration bill, but specifies that funds be used only to support activities that directly and meaningfully contribute to expediting or improving project planning and delivery. Assistance explicitly covers a broad range of activities including mapping and development of programmatic agreements. [6002(b)]	Participating agencies can receive funds to expedite reviews conducted under the new project development process. [1511]
No comparable provision	New 180-day statue of limitations for legal challenges to Fed. agency decisions on permits or approvals for projects. Specific 180-day statute of limitations for challenges (to EIS, EA, or categorical exclusion) pursuant to NEPA; clarifies that claims can be brought regardless of whether they are first or subsequent tiered decisions. [1602(i)and (ii)]	Establishes 90-day limit statute of limitations for legal challenges to Fed. Agency decisions on permits or approvals. [6009]	No statute of limitations on Federal agency decisions.
No comparable provision	Encourages States to use context sensitive design. [1609]	No comparable provision	Similar to Administration bill [1605]
No comparable provision	Delegates authority to States for categorically excluded projects. [1603]	No comparable provision	Similar to Administration bill [1512]
No comparable provision	No comparable provision	Environmental Review of Adtivities that Support ITS Deployment. Requires Sec'y to initiate rulemaking to exclude activities that support ITS deployment from NEPA environ. assessment/ environ. impact statement requirements, to the extent appropriate. Develop nationwide programmatic agreement. [1206]	No comparable provision
No comparable provision.	Assumption of responsibilities - Surface Transportation System Performance Pilot allows pilot States in program to assume environmental review/approval responsibilities. [1801]	Establishes pilot program for up to 5 States to assume Secy's responsibilities for TE, Rec Trails, and specified projects (Transportation System Management & Operations; ITS research, devel., & operational tests). [1207]	Surface Transportation Project Delivery Pilot Program provides limited authority for up to 5 pilot States, including Oklahoma, to assume certain NEPA responsibilities.[1513]
Preservation of parkland policy - prohibits use of publicly owned land from a public park, recreation area, or wildlife refuge, or historic site, of national, state, or local significance, unless there is no feasible and prudent alternative, and impact is mitigated to the extent possible. (23USC138) Only allows substitution of Sec. 106 process in cases where a historic transportation facility is involved, and the outcome is finding of "no adverse effect."	4(f) provisions - modernizes; specifies factors to consider; excludes certain improvements on Federal lands; successful compliance with Sec. 106 of Nat'l Historic Preservation Act (NHPA) satisfies 4(f). [1604]	Provides that successful compliance with Nat'l Historic Preservation Act satisfies 4(f), as long as "no adverse effect." [6003]	Secretary may determine that 23USC138 requirements are met if a program/project will have a de minimis impact on the protected area.nSecretary to conduct implementation study; commission TRB to conduct an independent review of study plan, methodology, and conclusions; report to Congress no earlier than 3 years after enactment; update no later than 3/10/2010. [1514] Secretary to issue regulations that clarify 4(f) standards within 1 year. [1515]
No comparable provision	Exemption of Interstate from historic preservation reviews [4(f) and NHPA] unless Secretary determines that individual elements should receive protection. [1607]	Similar to Administration bill, but only exempts Interstate from 4(f), not NHPA. [6004]	Similar to Administration bill, but only exempts Interstate from 4(f), not NHPA. [1604]
No comparable provision	Historic preservation staffing- authorizes and encourages States to use title 23 funds. [1604]	No comparable provision	No comparable provision
Secretary to establish process to replace Major Investment Study process. [TEA-21, 1308]	Using results of planning process - directs that, under specified conditions, results of studies developed as part of the planning process shall form basis for environmental assessment or impact statement. [6001]	No comparable provision	Results of planning process may be considered as a factor in determining: (1)purpose & need and (2)project alternatives, under the Transportation Project Development Process. [1511]

Previous | Table of Contents | Next