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MAP-21 - Moving Ahead for Progress in the 21st Century

Home / MAP-21 / Guidance / FTA Revised Environmental Process Review Guidance - Appendix B

FTA Revised Environmental Review Process Guidance

Table of Contents

Appendix B – Sample Cooperating/Participating Invitation Letters

Sample letters of invitation to a potential participating or cooperating agency are provided separately for FHWA and FTA below.

FHWA Sample Letter of Invitation

 

FHWA Sample Letter of Invitation


Insert Division Address

[Insert Date]

[Insert Agency Representative]
[Insert Agency Address]
Dear [Agency Representative]:

Re: Invitation to Become Participating Agency [and Cooperating Agency, if applicable] on [Insert Project Name]

The Federal Highway Administration (FHWA), in cooperation with the [Insert State Name] Department of Transportation [Insert Abbreviation] is initiating a [Insert Type of Environmental Document] for proposed [Insert Project Name]. The project limits are [Insert Project Description, including general map location]. The purpose of the project, as currently defined, is to [Insert Basic Statement of the Project's Purpose and Need].

Your agency has been identified as an agency that may have an interest in the project [Insert why the agency may have an interest]. With this letter, we extend your agency an invitation to become a participating agency [and cooperating agency, if applicable] with the FHWA in the development of the [Type of Environmental Document] for the subject project. This designation does not imply that your agency either supports the proposal or has any special expertise with respect to evaluation of the project.

[FHWA also request the participation of the [Insert Agency Name] as a cooperating agency in the preparation of the DEIS and FEIS, in accordance with 40 CFR 1501.6 of the Council on Environmental Quality's (CEQ) Regulations for Implementing the Procedural Provision of the National Environmental Policy Act.]

Pursuant to 23 United States Code (U.S.C) section 139, participating agencies are responsible to identify, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. We suggest that your agency's role in the development of the above project should include the following as they relate to your area of expertise:

  1. Provide meaningful and early input on defining the purpose and need, determining the range of alternatives to be considered, and the methodologies and level of detail required in the alternatives analysis.
  2. Participate in coordination meetings and joint field reviews as appropriate.
  3. Timely review and comment on the pre-draft or pre-final environmental documents to reflect the views and concerns of your agency on the adequacy of the document, alternatives considered, and the anticipated impacts and mitigation.

Please respond to FHWA in writing with an acceptance or denial of the invitation no later than [Insert Deadline] (Deadline - No More Than 30 days from the Date of Letter). If your agency declines, the response should state your reason for declining the invitation. Pursuant to 23 U.S.C. Section 139, any Federal agency that chooses to decline the invitation to be a participating agency must specifically state in its response that it:

If you have any questions or would like to discuss in more detail the project or our agencies' respective roles and responsibilities during the preparation of this [Insert Type of Document], please contact [Insert Contact Name and Phone Number].

Thank you for your cooperation and interest in this project.

Sincerely,

Division Administrator

Enclosure Attach Project NOI if applicable

cc:

================================

FTA Sample Letter of Invitation

 

U.S. Department
of Transportation
Federal Transit
Administration

 

[Insert Agency Representative]

[Insert Agency Name and Address]

Re: Invitation to Participate in the Environmental Review Process for [Insert Project Name]

Dear [Agency Representative]:

The Federal Transit Administration (FTA), in cooperation with [Insert Sponsoring Transit Agency] is initiating the preparation of an Environmental Impact Statement for the proposed [Insert Project Name]. The proposed project is [briefly describe action] in [describe project location]. The purpose of the project, as currently defined, is to [insert preliminary statement of the project's purpose and need]. The enclosed scoping information packet [or link to a project website] provides more details. A preliminary coordination plan and schedule [if available] are also enclosed.

23 United States Code (U.S.C.) Section 139 establishes an enhanced environmental review process for certain FTA projects, increasing the transparency of the process, as well as opportunities for participation. The requirements of this section apply to the project that is the subject of this letter. As part of the environmental review process for this project, the lead agencies must identify, as early as practicable, any other Federal and non-Federal agencies that may have an interest in the project, and invite such agencies to become participating agencies in the environmental review process. Your agency has been identified preliminarily as one that may have an interest in this project, because [give reasons, such as adverse impacts, resources affected, etc., why agency may be interested]; accordingly, you are being extended this invitation to become actively involved as a participating agency in the environmental review process for the project.

As a participating agency, you will be afforded the opportunity, together with the public, to be involved in defining the purpose of and need for the project, as well as in determining the range of alternatives to be considered for the project. In addition, you will be asked to:

<Insert one of the following two paragraphs, for invitations to Federal and non-Federal agencies, respectively.>

Federal agencies:

Your agency does not have to accept this invitation. If, however, you elect not to become a participating agency, you must decline this invitation in writing, indicating that your agency has no jurisdiction or authority with respect to the project, no expertise or information relevant to the project, and does not intend to submit comments on the project. The declination may be transmitted electronically to [insert e-mail address]; please include the title of the official responding. In order to give your agency adequate opportunity to weigh the relevance of your participation in this environmental review process, written response to this invitation are not due until after the interagency scoping meeting scheduled for [insert date/time] at [insert location]. You or your delegate is invited to represent your agency at this meeting. Your agency will be treated as participating agency unless your written response declining such designation as outlined above is transmitted to this office not later than [insert date not more than 30 days later unless FTA determines there is good cause].

Non-Federal agencies:

If you elect to become a participating agency, you must accept this invitation in writing. The acceptance may be transmitted electronically to [insert e-mail address]; please include the title of the official responding. In order to give your agency adequate opportunity to weigh the relevance of your participation in this environmental review process, written responses to this invitation are not due until after the interagency scoping meeting, scheduled for [insert date] at [insert location]. You or your delegate is invited to represent your agency at this meeting. Written responses accepting designation as participating agencies should be transmitted to this office not later than [insert date not more than 30 days later unless FTA determines there is good cause].

Additional information will be forthcoming during the scoping process. If you have questions regarding this invitation, please contact [insert name and telephone number].

Sincerely,

[Insert FTA Regional Planning Director, Deputy Regional Administrator, Regional Administrator, etc.]

Attachments: Scoping Information Packet

Draft Coordination Plan

Draft Schedule

cc: [Sponsoring Transit Agency]

Table of Contents | Appendix A | Appendix C | Appendix D

Page last modified on March 16, 2015
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000