SAFETEA-LU TRANSPORTATION PLANNING PROVISIONS: ENVIRONMENTAL CONNECTIONS

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SAFETEA-LU TRANSPORTATION PLANNING PROVISIONS
ENVIRONMENTAL CONNECTIONS

• Larry D. Anderson
• Planning Oversight Stewardship Team Leader
• FHWA Office of Planning
• FHWA Environmental Conference - June 2006

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STATEWIDE AND METROPOLITAN TRANSPORTATION
PLANNING FACTORS

• Support economic vitality
• Increase safety of transportation system
• Increase security of transportation system
• Increase accessibility and mobility of people and
  freight
• Protect and enhance the environment
• Enhance integration and connectivity of
  transportation system
• Promote efficient system management and
  operation and
• Enhance preservation of existing transportation
  system.

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NEW CONSULTATIONS IN STATEWIDE AND METROPOLITAN
TRANSPORTATION PLANNING

• MPOs and States shall consult (as appropriate)
  with State and local agencies responsible for
  land use management, natural resources,
  environmental protection, conservation, and
  historic preservation in developing long-range
  transportation plans.
• In addition, States shall consult with the
  counterpart Federally-recognized Tribal agencies
  in developing the long-range statewide
  transportation plan.

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ENVIRONMENTAL MITIGATION ACTIVITIES IN STATEWIDE
AND METROPOLITAN TRANSPORTATION PLANS

• Shall include a discussion of types of potential
  environmental mitigation activities, to be
  developed in consultation with Federal, State,
  and Tribal wildlife, land management, and
  regulatory agencies.
• This consultation shall involve comparison of
  transportation plans to State and Tribal
  conservation plans and maps (if available) and/or
  comparison to inventories of natural or historic
  resources (if available).
• Does not require discussion of environmental
  mitigation for individual projects.

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PARTICIPATION AND INVOLVEMENT IN STATEWIDE AND
METROPOLITAN TRANSPORTATION PLANNING

• States and MPOs must provide interested parties
  with opportunities to comment on transportation
  plans and TIPs.
• Now includes representatives of users of
  pedestrian walkways and bicycle transportation
  facilities and representatives of the
  disabled.
• MPOs must consult with interested parties in
  developing and using a Participation Plan.
• Also, new requirements on
• Publishing planning documents holding public
  meetings at convenient and accessible times and
  locations and employing visualization techniques
  to describe statewide and metropolitan long-range
  transportation plans and TIPs.

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FHWA/FTA NOTICE OF PROPOSED RULEMAKING (NPRM) ON
STATEWIDE AND METROPOLITAN TRANSPORTATION PLANNING

• Published in the June 9, 2006 Federal Register
  (pages 33509-33560).
• Available via the following two web-links
• http//a257.g.akamaitech.net/7/257/2422/01jan200
  61800/edocket.access.gpo.gov/2006/06-5145.htm or
• http//a257.g.akamaitech.net/7/257/2422/01jan200
  61800/edocket.access.gpo.gov/2006/pdf/06-5145.pdf
• NPRM based largely on revised statutory language
  resulting from SAFETEA-LU.
• NPRM comment period runs through September 7,
  2006.

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Congestion Mitigation Air Quality Improvement
ProgramSAFETEA-LU Changes

• Modifies apportionment formula
• Gives priority to diesel retrofit and other
  cost-effective emission reduction activities
• Without disturbing existing authority of local
  governments
• Makes minor changes to eligibility
• Updated CMAQ guidance to be issued soon

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Transportation Conformity-SAFETEA-LU Changes

• Changes Timing
• Conformity Redeterminations Now 2-year trigger
• Frequency - Frequency of conformity for plans and
  TIPs now every 4 years.
• Conformity Horizon MPO may reduce horizon to as
  short as ten years.
• Simplifies Process
• TCM Subsititution
• Conformity SIP
• Adds 12 month Grace Period for Conformity Lapse
• EPA to issue rule two years from SAFETEA-LU

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Section 6004 CE Responsibilities Assignable Part
1

• Assume responsibility for determining whether
  certain designated activities are CEs.
• Activities must be specifically designated
• Designation must be made in accordance with
  established criteria
• A list must be identified in the MOU
• Designation cannot be open ended

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Section 6004 CE Responsibilities Assignable Part
2

• All or part of the other FHWA responsibilities
  for environmental review may be assigned.
• Responsibilities assigned is discretionary
• Realistically assess SDOT capabilities
• Responsibilities must be specified in the MOU
• Government-to-Government consultation with Indian
  Tribes cannot be assigned.
• Specify procedures in MOU to avoid entanglement
  of FHWA/State decision making

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Section 6004 Status

• An opportunity to show less expensive, more
  efficient, and better ways to satisfy NEPA than
  currently practiced
• A whole new way of doing business that redefines
  the roles and responsibilities of agencies.
• Few states are contemplating taking on CEs
• Most States are happy with current programmatic
  CE agreements.
• Many States do not want to expose themselves to
  the liability or responsibilities.
• Some States dont want to take on the added costs
  for this assignment because it does not go far
  enough (not all CEs are assignable

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SAFETEA-LU 6007 Interstate HighwayExemptions

• MaryAnn Naber, FHWA
• June 27, 2006
• FHWA Environmental Conference

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Federal-Aid Highway Act

• Signed by Dwight D. Eisenhower on June 29, 1956
• Established a 41,000-mile System of Interstate
  and Defense Highways
• Set up Highway Trust Fund to finance construction

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Interstate Highway System

resulting in a 46,876 mile system today!
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As the System approached 50 years

• Significant achievement of the Interstate System
  is recognized
• Some early sections are determined eligible for
  the National Register of Historic Places

• Photo courtesy of Arkansas Highway and
  Transportation Dept.

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Interstate Exemptions

• 106 exemption adopted March 10, 2005
• 4(f) exemption incorporated into SAFETEA-LU
  August 10, 2005
• Vast majority of Interstate System exempt except
  elements of national or exceptional significance
• Published preliminary list or exceptions in
  Federal Register June 16, 2006

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Methodology

• Drafted guidance to explain criteria
• Sent guidance and held initial state-by-state
  conference calls with FHWA Division, state DOT,
  SHPO, and other pertinent stakeholders in January
  and February
• Made follow-up calls and corresponded via e-mail
  to assist states in reaching consensus and
  developing draft lists of exceptional elements
• Preliminary list of exceptional elements
  published June 16 in the Federal Register

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Exception Criteria

• Elements to be evaluated based on NR criteria
• gt 50 years old National Significance
• lt 50 years old Exceptional Significance
• Listed on or formally determined eligible for
  National Register
• gt 50 years old State/Local Significance at the
  discretion of FHWA

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Number of Recommended Elements by State
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Landmark Bridges

Sunshine Skyway FL I-275
Verrazano Narrows Bridge NY I-278

• Photo courtesy of Wikipedia

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Unique Rest Areas
Lincoln Statue WY I-80
Glass House Restaurant OK I-44
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Engineering Marvels
Eisenhower Tunnel CO I-70
Sideling Hill MD I-68
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Context Sensitive Designs

• Alligator Alley FL I-75

Franconia Notch NH I-83
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Water Ecosystems TeamPatricia CazenasHighway
Engineer

Provisions of SAFETEA-LU Section 6006

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Highway Stormwater Mitigation

• Eligible Expense on Federal-aid highway
  construction project
• Project commitment for mitigation

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Stand Alone Pollution Abatement and Restoration
Projects

• ISTEA
• Transportation Enhancement
• Pollution impacts are the result of Federal-aid
  highway project

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Eligibility for Environmental Restoration and
Pollution Abatement Projects

• TEA-21
• Surface Transportation Program
• Environmental degradation caused or contributed
  by transportation facilities
• 4R projects
• 20 limit on total cost for retrofit

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Environmental Restoration and Pollution Abatement

• SAFETEA-LU Provisions of Section 6006
• Extends eligibility to NHS/STP
• Includes stand-alone projects
• 4R projects maintain 20 limitation
• Impacts caused by or contributed to by a project
  funded under Title 23

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Funding Options

• NHS
• STP
• Transportation Enhancements
• 4R projects 20 limitation

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SAFETEA-LU and Stormwater Runoff

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Surface Transportation Environment and Planning
Cooperative Research Program (STEP)
June 6, 2006
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References

• SAFETEA-LU - Title V- Research
• - Section 5207 Surface Transportation
  Environment and Planning Cooperative Research
  Program (STEP)
• - Section 5208 Transportation Research and
  Development (RD) Strategic Planning

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• STEP Objective
• Improve understanding of the complex relationship
  between surface transportation, planning, and the
  environment
• Follow research and technology (RT) priorities
  to be established in the DOT RD Strategic Plan
• DOT RD Strategic Plan
• Secretary shall develop a 5-year RD Strategic
  Plan to guide Federal Transportation RD
• Must include and integrate RD of all DOT
  operating administrations
• Must undergo National Research Council Review
• Due August 2006

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STEP Legislative Guidance

• SAFETEA-LU requires, to the maximum extent
  practicable, that
• best projects and researchers based on merit,
  open
• solicitations, and selection by a panel of
  appropriate experts
• DOT has a qualified, permanent core staff
• stakeholders are involved in program governance
  and
• no duplication with the Future Strategic Highway
  Research Program (Section 5210 of SAFETEA-LU).

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Funding

• 16.875 M/year from FY 2006 FY 2009 authorized
• Part of Title V Research funds authorized in
  5101(a)(1)
• Title V Research over designated (i.e. funds
  designated exceed funds authorized)
• Approx. 11.7 M/year available for STEP from
• FY 2006 FY 2009 due to over designation,
  obligation limitations and rescissions

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STEP Challenges

• Source of funding for all FHWA Planning and
  Environment research
• FY2006 funding is approx. 39.2 less than average
  of Planning and Environment R T funding FY 2003
  FY 2005
• 50 match required for grants/cooperative
  agreements
• Must encompass existing national mandates,
  mandated studies and projects
• Supports research that impacts a broad array of
  stakeholders

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STEP Implementation Activities

• FHWA is administering the STEP, within framework
  of DOT RD Strategic Plan
• Draft Implementation Strategy
• Federal Register Notice to solicit comments
• Meetings with major stakeholder groups and
  Federal agency partners
• STEP website
• http//www.fhwa.dot.gov/hep/step/index.htm

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Potential STEP Emphasis Areas

• Environment Natural Environment Human
  Environment Environmental Process Improvement
• Planning National/International Planning
  Planning Focus Areas State/Local Tribal Planning
  Capacity Building
• Tools to Support Planning and Environment
• STEP Program Management and Outreach

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Environment

• Natural Environment
• Air Quality and Global Climate Change
• Water/Wetlands
• Vegetation/Wildlife/Habitat
• Human Environment
• Historic Preservation
• Bicycle, Pedestrian and Health
• Noise
• Brownfields, Hazardous Materials and Recycling
• Outdoor Advertising Control/Realty Program
  Management
• Environmental Process Improvement
• Environmental Streamlining/Stewardship
• Context Sensitive Solutions

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Planning

• National/International Planning
• US/Canada and US/Mexico Border Planning
• National Security, Defense, and Interstate
  Planning
• Planning Focus Areas
• Congestion Planning
• Safety Planning
• Freight Planning
• State/Local/Tribal Planning Capacity Building
• Public Involvement, Environmental Justice,
  Visualization in Planning
• Land Use Planning
• Other activities to strengthen/advance
  state/local planning capabilities and performance

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Tools to Support Planning and Environment

• Geographic Information Systems/Geospatial
  Information for Improved Decision Making
• Travel Modeling
• Travel Surveys and Data

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Program Management and Outreach

• Program Support
• Outreach
• Publications

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Next Steps

• Ensure STEP will support DOT RD Strategic Plan
• Issue Federal Register Notice to announce revised
  implementation strategy and to request comments
  on proposed STEP research activities
• Provide updates on STEP Implementation via STEP
  website and other mechanisms
• Continue outreach
• Develop STEP Research Plan
• Begin funding projects (by the end of the year)

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Contact Persons

• Natural Environment
• Air Quality and Global Climate Change
  Mike.Savonis_at_dot.gov Cecilia.Ho_at_dot.gov
• Water/Wetlands Carol.Adkins_at_dot.gov
• Vegetation/Wildlife/Habitat Carol.Adkins_at_dot.gov
• Human Environment
• Historic Preservation MaryAnn.Naber_at_dot.gov
• Bicycle/Pedestrian and Health John.Fegan_at_dot.gov
• Noise Mark.Ferroni_at_dot.gov
• Brownfields, Hazardous Materials and Recycling
  Carol.Adkins_at_dot.gov
• Outdoor Advertising Control/Realty Program
  Management Susan.Lauffer_at_dot.gov

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Contact Persons (Continued)

• Environmental Process Improvement
• Environmental Streamlining/Stewardship
  Shari.Schaftlein_at_dot.gov
• Context Sensitive Solutions Shari.Schaftlein_at_dot.g
  ov
• National/International Planning
• U.S. Canada and U.S. Mexico Border Planning
  Roger.Petzold_at_dot.gov
• National Security, Defense and Interstate
  Planning Martin.Weiss_at_dot.gov
• Planning Focus Areas
• Congestion Planning Harlan.Miller_at_dot.gov
• Safety Planning Sherry.Ways_at_dot.gov
• Freight Planning Spencer.Stevens_at_dot.gov

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Contact Persons (Continued)

• State/Local/Tribal Planning Capacity Building
• Public Involvement, EJ, Visualization in Planning
  David.Kuehn_at_dot.gov
• Land Use Planning Jody.Mccullough_at_dot.gov
• Other Activities that Support State/Local/Tribal
  Planning Capacity Building Robert.Ritter_at_dot.gov
  
• Tools to Support Planning and Environment
• GIS/Geospatial Information for Improved Decision
  Making Roger.Petzold_at_dot.gov
• Travel Modeling Fred.Ducca_at_dot.gov
• Travel Surveys and Data Elaine.Murakami_at_dot.gov
• STEP Program Management and Outreach
  Felicia.Young_at_dot.gov

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Contact Information

• Felicia Young
• FHWA
• Office of Planning, Environment and Realty
• Felicia.young_at_fhwa.dot.gov
• STEP website
• http//www.fhwa.dot.gov/hep/step/index.htm