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NEPA ASSUMPTION
SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
WHAT IS NEPA ASSUMPTION?
• Formal Assignment of NEPA responsibilities from FHWA• All CEs, EAs and EISs• All environmental laws, rules and orders • Under this program, ODOT would act on behalf and as FHWA on all
projects for environmental matters.
WHAT ARE THE GOALS OF NEPA ASSUMPTION?
• Streamline the Environmental Process while still meeting environmental protection standards.• Deliver program an overall 2,140 days quicker= 20% time savings
• Save costs to the Department• Assumption program will save ODOT $45 million each year
SCOPE OF THE NEPA ASSUMPTION PROGRAM
• FHWA retains discretion on what to assign. They may withhold assignment of specific projects or responsibilities.
• FHWA will keep the following:• Engineering decisions• Air quality conformity and Tribal consultation• USDOT responsibilities for statewide and metropolitan planning• Multi-modal projects, projects that cross state lines, etc.
THE NEPA ASSUMPTION PROGRAM• ODOT would be legally responsible to ensure compliance• Can be sued in Federal court
• All laws are still in existence. • ODOT would act on behalf of FHWA
• Savings come from reduced reviews not shortcutting the environmental process or legal requirements.
WHAT ARE THE BENEFITS?• More efficient environmental review process• Time and cost savings by eliminating a layer of review
• More efficient project delivery program
• Provides for more efficient consultation between ODOT and our agencies
• Provides an increased focus on local decision-making
• Continue ODOT’s leadership of our program
HOW WILL THIS IMPACT FHWA?• Moving from project to program responsibilities, FHWA will
provide the following:
• Training
• Technical assistance and policy interpretation• No project assistance
• Program audits• Twice yearly for first 2 years, once a year after
• Process and Program reviews
• Reports back to congress
HOW WILL THIS IMPACT ODOT?
• ODOT must maintain detailed files, records and make them available to FHWA
• ODOT must carry out regular self-assessments and continuous QA/QC on all actions
• ODOT must maintain the professional and experienced staff to carry out the necessary scope
• ODOT must report out to FHWA on all actions
HOW DOES ODOT HAVE TO CHANGE?
• “If it’s not written down, it didn’t happen!”• ODOT has to effectively document it’s actions.• Ensure actions are tracked and accounted for.
• QA/QC is a must!• One document goes thru 2x reviews due to corrections• Cost US $10,000 and 30-60 days. Multiply that by 600 documents yearly!
• Follow the PDP and it’s supporting guidance
• Ensure commitments are carried out in the field
WHAT CAN GO WRONG?
• ODOT will be legally responsible for all NEPA decisions• ODOT will defend in federal court (we already do it today)• Required for both on and off the State Highway System- pass thru
federal monies are the same as ODOT spending them
• No more FHWA backstop “The feds are making us do it….”• ODOT has to make the right decisions, based on the required process
and laws and stand by it.
• Failure- FHWA can take the program away.
WHAT’S NEXT?• Path to entering NEPA Assumption• Limited waiver of sovereign immunity
• Identify desired scope of assumption
• Prepare Application, make available to public
• Develop MOU
• Develop auditing tools
• Train and implement
THE APPLICATION FOR NEPA ASSUMPTION• Early Draft has been developed
• The Application identifies:• Scope of Assignment• Current & Proposed Organization• Current & Proposed Procedures, Tools• Roles and Responsibilities• Training• Resources
WHAT ARE THE NEXT STEPS FOR NEPA ASSUMPTION?• Meet with agencies and associations- 12/2014• Gain support• Identify improvement areas/concerns
• Limited waiver of sovereign immunity- 3/2015• Public Notice of Draft Application- 4/2015• MOU to FHWA- 6/2015• MOU Public Notice- 9/2015• Effective Date of program- 12/2015
WHY WE WILL SUCCEED…
• Experienced environmental team
• Excellent training, manuals, processes already in place
• Renewed focus on QA/QC
• Commitment to make it succeed- savings of $45 million
• Commitment to continue to improve and adapt
WHAT CAN YOU DO TO HELP?
• Need to understand and address any concerns you may have.
• Support ODOT’s budget bill language for the limited waiver of sovereign immunity.
• Prepare letters of support during the Application comment period.
• Help us continue to improve and ensure positive performance of this program!
NEPA ASSUMPTIONSURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
Contacts: Tim Hill, AdministratorOffice of Environmental [email protected]
Erica L. Schneider, Assistant Administrator
Office of Environmental [email protected]
