    Highways and Environment: Transportation Agencies Are Acting to
    Involve Others in Planning and Environmental Decisions
    (25-APR-08, GAO-08-512R).

    Meeting the nation's mobility needs requires constructing,
    improving, and repairing roads and bridges. However, these
    actions can have serious environmental impacts, such as harming
    water quality and wildlife and their habitats. The federal
    government's policy is to carry out federally funded highway
    projects in an environmentally responsible manner, as directed by
    the National Environmental Policy Act of 1969 (NEPA) and other
    environmental and natural resource protection laws. The
    environmental review of projects, as required by the act,
    involves identifying and assessing environmental impacts;
    evaluating alternatives; seeking input, and in some cases
    approvals, from federal and state agencies responsible for
    natural resources, environmental protection, and historic
    preservation (referred to hereafter as resource agencies); and
    obtaining approval from the Federal Highway Administration
    (FHWA). These reviews provide important environmental
    protections, yet it is generally agreed that it often takes too
    long to complete the most complex highway projects and the
    environmental review is the most time-consuming aspect. In 2005,
    the Safe, Accountable, Flexible, and Efficient Transportation
    Equity Act: A Legacy for Users (SAFETEA-LU) made a number of
    changes to the planning and environmental review processes
    required of state and local transportation agencies. These
    changes were intended to facilitate more efficient reviews of
    transportation projects, allowing them to be completed more
    quickly without diminishing environmental protections. For
    example, since SAFETEA-LU was enacted, federal law has required
    that state departments of transportation and metropolitan
    planning organizations (MPO) consult with federal and state
    resource agencies, among other things, in developing their
    long-range transportation plans. The law also requires that
    agencies charged with gaining environmental approval (such as
    FHWA and the state departments of transportation that sponsor the
    projects--called lead agencies) of the most complex highway
    projects--those requiring environmental impact statements
    (EIS)--invite resource agencies that have an interest in the
    project to participate in defining the purpose and need for the
    project, the alternatives to be considered, and the methodology
    for conducting the environmental review. The law also imposes a
    limit of 180 days for the filing of a lawsuit challenging final
    federal agency decisions, including environmental decisions, on a
    highway project. These activities were not required before
    SAFETEA-LU was enacted. Congress asked that we assess whether the
    changes Congress envisioned for transportation planning and the
    environmental review and approval of highway projects are being
    effectively carried out. Accordingly, we assessed (1) the
    progress that selected state departments of transportation, MPOs,
    and FHWA have made in incorporating environmental considerations
    in transportation planning and (2) the progress that selected
    states and FHWA have made in implementing changes in the
    environmental review of highway projects.
    -------------------------Indexing Terms-------------------------
    REPORTNUM:   GAO-08-512R
        ACCNO:   A81891
      TITLE:     Highways and Environment: Transportation Agencies Are
    Acting to Involve Others in Planning and Environmental Decisions
         DATE:   04/25/2008
      SUBJECT:   Environmental monitoring
    	     Environmental policies
    	     Environmental protection
    	     Federal aid for highways
    	     Federal/state relations
    	     Highway planning
    	     Performance measures
    	     Public roads or highways
    	     Risk assessment
    	     Risk factors
    	     Risk management
    	     Road construction
    	     Road repairs
    	     Strategic planning
    	     Transportation planning
    	     Water quality management
    	     Water quality standards
    	     Water treatment
    	     Wildlife
    	     Wildlife conservation
    	     program goals or objectives

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    GAO-08-512R

    This is a work of the U.S. government and is not subject to copyright
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    material separately.

    GAO-08-512R:

    Washington, DC 20548:
    United States Government Accountability Office:

    April 22, 2008:

    The Honorable James M. Inhofe:
    Ranking Member:
    Committee on Environment and Public Works: United States Senate:

    Subject: Highways and Environment: Transportation Agencies Are Acting
    to Involve Others in Planning and Environmental Decisions:

    Dear Senator Inhofe:

    Meeting the nation's mobility needs requires constructing, improving,
    and repairing roads and bridges. However, these actions can have
    serious environmental impacts, such as harming water quality and
    wildlife and their habitats. The federal government's policy is to
    carry out federally funded highway projects in an environmentally
    responsible manner, as directed by the National Environmental Policy
    Act of 1969 (NEPA) and other environmental and natural resource
    protection laws. The environmental review of projects, as required by
    the act, involves identifying and assessing environmental impacts;
    evaluating alternatives; seeking input, and in some cases approvals,
    from federal and state agencies responsible for natural resources,
    environmental protection, and historic preservation (referred to
    hereafter as resource agencies); and obtaining approval from the
    Federal Highway Administration (FHWA). These reviews provide important
    environmental protections, yet it is generally agreed that it often
    takes too long to complete the most complex highway projects and the
    environmental review is the most time-consuming aspect.[Footnote 1]

    In 2005, the Safe, Accountable, Flexible, and Efficient Transportation
    Equity Act: A Legacy for Users (SAFETEA-LU) made a number of changes to
    the planning and environmental review processes required of state and
    local transportation agencies. These changes were intended to
    facilitate more efficient reviews of transportation projects, allowing
    them to be completed more quickly without diminishing environmental
    protections. For example, since SAFETEA-LU was enacted, federal law has
    required that state departments of transportation and metropolitan
    planning organizations[Footnote 2] (MPO) consult with federal and state
    resource agencies, among other things, in developing their long-range
    transportation plans. The law also requires that agencies charged with
    gaining environmental approval (such as FHWA and the state departments
    of transportation that sponsor the projects--called lead agencies) of
    the most complex highway projects--those requiring environmental impact
    statements (EIS)--invite resource agencies that have an interest in the
    project to participate in defining the purpose and need for the
    project, the alternatives to be considered, and the methodology for
    conducting the environmental review. The law also imposes a limit of
    180 days for the filing of a lawsuit challenging final federal agency
    decisions, including environmental decisions, on a highway project.
    These activities were not required before SAFETEA-LU was enacted.

    You asked that we assess whether the changes Congress envisioned for
    transportation planning and the environmental review and approval of
    highway projects are being effectively carried out. Accordingly, we
    assessed (1) the progress that selected state departments of
    transportation, MPOs, and FHWA have made in incorporating environmental
    considerations in transportation planning and (2) the progress that
    selected states and FHWA have made in implementing changes in the
    environmental review of highway projects. We focused our work on six
    states, which we chose based on geographic diversity and their varying
    amounts of experience with implementing the new transportation planning
    and environmental review requirements. For the most part, our
    assessments were based on interviews of federal, state, and local
    agency officials responsible for the implementation of SAFETEA-LU
    changes within those states, since the agencies were still in the early
    stages of implementing these changes and little data were
    available.[Footnote 3] In addition, as part of our work on changes in
    environmental reviews, we gathered information on the implementation of
    SAFETEA-LU's provisions which allow for state departments of
    transportation to assume responsibility for determining that certain
    highway projects that will not have a significant impact on the
    environment (e.g., maintenance of existing highways) as well as a pilot
    program which allows certain states the ability to assume all or part
    of FHWA's environmental review responsibilities.

    We briefed your office on March 13, 2008, on the results of our work,
    which this report transmits. A copy of the briefing is enclosed. (See
    enclosure I.) The slides have been updated to reflect current status.

    Results in Brief:

    All six state departments of transportation and the six MPOs that we
    contacted are taking or considering initial steps to incorporate
    environmental considerations into long-range transportation planning,
    and FHWA has carried out a number of implementation and educational
    activities to guide their efforts. Four of these agencies (two state
    departments of transportation and two MPOs) have issued long-range
    plans that comply with the post-SAFETEA-LU planning requirements,
    according to FHWA.[Footnote 4] The others expect to do so by 2010, in
    line with their planning cycles. Several of the transportation planners
    and most of the resource agencies[Footnote 5] told us that getting
    early input from resource agencies could be beneficial in identifying
    potentially affected resources at an early stage so that mitigation or
    avoidance measures, if needed, could be identified early. However, they
    cited several challenges in getting such input, most notably (1) the
    limited availability of funding and staff at resource agencies;
    [Footnote 6] (2) limited incentives for resource agencies to contribute
    during planning, since early involvement is not part of these agencies'
    missions or experience; and (3) unfamiliarity on the part of resource
    agencies and planners with each other's roles and processes. State
    department of transportation and MPO planners' progress in developing
    consultation relationships with resource agencies has varied, and those
    that had strong prior relationships with resource agencies are
    advancing more quickly. For example, the North Carolina Department of
    Transportation told us it had started consulting with resource agencies
    as part of its planning process in 2004--before SAFETEA-LU was enacted.
    FHWA's implementation and educational activities include issuing
    regulations and guidance, disseminating leading practices, presenting
    Web-based seminars and other educational activities, and conducting
    oversight of state department of transportation and MPO transportation
    planning activities. State departments of transportation, MPOs, and
    other stakeholders that we contacted generally gave positive reviews of
    FHWA's efforts. According to FHWA officials, because of the long-term
    nature of the transportation planning process, it will likely take
    years before any benefits from these changes are apparent.

    The six state departments of transportation that we contacted are
    implementing the revised environmental review requirements for all
    applicable highway projects, and FHWA has carried out a number of
    activities to promote and guide implementation.[Footnote 7]
    Specifically, for the 24 new highway projects in these states that
    require EISs, these agencies are taking steps to enhance the
    involvement of resource agencies and develop plans to coordinate and
    schedule their involvement. State departments of transportation,
    resource agencies, and other transportation stakeholders recognized
    potential benefits from the 2005 act, such as (1) improved project
    management, (2) an increased likelihood of weeding out flawed
    alternatives early, and (3) increased opportunities for resource
    agencies to be informed and involved. Challenges to implementing the
    post-SAFETEA-LU environmental review requirements in these six states
    include resource agencies' limited resources and limited knowledge
    about their changed role. Some state departments of transportation fund
    positions at resource agencies to help complete environmental reviews,
    using their federal-aid funds, and FHWA is studying best practices for
    doing so. FHWA's implementation and educational activities include
    issuing guidance; conducting outreach to federal, state, and local
    agencies to familiarize them with SAFETEA-LU's changes; disseminating
    leading practices through its Web site; and conducting oversight of the
    environmental review activities of state departments of transportation.
    As with the revised planning provisions, state officials we contacted
    generally viewed FHWA's activities positively. In addition, the agency
    is considering developing performance measures to monitor the
    implementation and impacts of changes made by SAFETEA-LU in
    environmental reviews. However, it will likely take at least 3 to 5
    years before impacts can be determined.

    We provided a draft of this report to the Department of Transportation
    and five federal resource agencies that have been involved in SAFETEA-
    LU implementation and that are responsible for resources important to
    the states we contacted. The department and two of the resource
    agencies agreed with the draft report, while the other three resource
    agencies did not express an overall opinion.

    Background:

    Federal funding for highway projects represents a large investment--
    about $40 billion in fiscal year 2007. In addition, states will likely
    invest about $8 billion in fiscal year 2007 for federally funded
    highway projects. Federally funded highway projects are typically
    completed in four phases:

    1) Planning: State departments of transportation and MPOs assess the
    need for a project in relation to other potential highway project
    needs.

    2) Preliminary design and environmental review: State departments of
    transportation identify potential solutions based on needs identified
    during planning, potential environmental and social effects, project
    cost, and construction location; identify the effect, if any, of the
    proposed project and of potential alternatives on the environment; and
    select the preferred alternative.

    3) Final design and right-of-way acquisition: State departments of
    transportation finalize design plans, acquire property, and relocate
    residents and businesses.

    4) Construction: State departments of transportation award construction
    contracts, oversee construction, and accept the completed project.

    FHWA plays a key role in funding and overseeing the completion of
    highway projects. In addition to providing financial assistance for
    state departments of transportation to build and improve highways and
    roads, typically equal to about 80 percent of the cost, FHWA
    establishes standards for transportation planning, project design,
    environmental review, and construction. FWHA also provides state
    agencies with planning and design support for federally funded highway
    projects. State departments of transportation, in coordination with
    MPOs, are responsible for planning, designing, and completing these
    projects.

    Federal law requires that state departments of transportation, along
    with MPOs, develop long-range plans, covering at least 20 years, for
    their vision of transportation needs for their states and metropolitan
    areas, respectively. Additionally, state departments of transportation
    and MPOs are required to develop shorter-term transportation plans
    (typically covering 4 years) that identify specific projects to be
    funded.[Footnote 8]

    The review of potential environmental impacts is an important step and
    must be completed before state departments of transportation begin
    building federally funded highway projects or projects that require a
    federal permit or approval.[Footnote 9] Specifically, state departments
    of transportation must assess the consequences of transportation
    projects and possible alternatives on the natural and human (e.g.,
    health and community impacts) environment and historic properties. For
    the small number of projects that FHWA deems to have a significant
    impact on the environment--about 7 percent of all highway projects in
    2005 (latest data available)--the state department of transportation
    prepares an EIS, which FHWA must approve before the project can be
    built.[Footnote 10] The EIS describes the project, characterizes the
    surrounding environment, analyzes the environmental impacts of a range
    of project alternatives, and indicates plans for complying with
    environmental laws and mitigating any environmental damage caused by
    the project. (See fig. 1.) Federal resource agencies, such as the Army
    Corps of Engineers, Fish and Wildlife Service (FWS), Environmental
    Protection Agency (EPA), and Advisory Council on Historic Preservation,
    and their state counterparts, participate in and review these detailed
    assessments of environmental impacts, in accordance with their
    responsibilities under federal or state laws. (See table 1 for examples
    of the responsibilities of resource agencies relating to the
    environmental review of federal highway projects.[Footnote 11]):

    Figure 1: Examples of Efforts to Mitigate Potential Harm to Wildlife:

    [See PDF for image]

    This figure contains two photographs of examples of efforts to mitigate
    potential harm to wildlife.

    Source: North Carolina DOT (bear tunnel photograph) and Dr. Tony
    Clevenger, Western Transportation Institute (wolf photograph).

    Measures to mitigate effects on natural resources can be indentified
    early during long-range highway planning or later during environmental
    review of projects. For example, wildlife- such as wolves, bear, and
    deer- may not be able to move safely from one area to another when
    their habitats are disrupted by roads. A passageway in the form of a
    box culvert under the road in an area likely to be used by wildlife was
    a mitigation measure that was used (photo on the left) during the
    construction of a portion on an interstate highway. In the photo on the
    right, a wolf travels safely through its natural habitat using a
    highway underpass.

    [End of figure]

    Table 1: Examples of Federal Resource Agency Responsibilities in
    Environmental Reviews of Highway Projects:

    Agency: Advisory Council on Historic Preservation;
    Responsibility: Reviews and facilitates agreement on projects to ensure
    that preservation values are factored into projects.

    Agency: Army Corps of Engineers;
    Responsibility: Reviews and approves projects, through issuing a
    permit, that affect navigable waters, in coordination with NEPA
    reviews.

    Agency: Environmental Protection Agency;
    Responsibility: Reviews and comments on the environmental impacts of
    major federal actions for which an EIS is required.

    Agency: Fish and Wildlife Service;
    Responsibility: Provides technical assistance to help maintain the
    sustainability of fish and wildlife and their habitats.

    Source: GAO.

    [End of table]

    For federal highway projects requiring an EIS, FHWA is a steward of the
    process and responsible for ensuring that the statement is in
    compliance with applicable environmental laws and other requirements.
    FHWA is the lead federal agency and supports the project applicant--
    typically the state department of transportation--which participates as
    a joint lead agency. The state department of transportation is
    responsible for producing the environmental documentation for a highway
    project, whereas FHWA guides the process to ensure appropriate scope
    and the content of the documentation. FHWA also is responsible for
    ensuring that the EIS contains documentation on coordination with the
    appropriate federal, state, and local resource agencies and the public.
    EPA is responsible for reviewing and commenting on all major federal
    actions for which an EIS is required and working with FWHA to ensure
    that environmental statutes are met. FHWA has the final approval and
    determines when the statement is in compliance with applicable
    environmental laws and other requirements.

    Because of the complex and often controversial issues involved, the
    data that need to be analyzed, and the number of stakeholders involved,
    it typically takes years for an EIS to be completed and approved.
    According to FHWA, these reviews have taken an average of about 6 years
    since fiscal year 1999 and about 12 percent of them have taken longer
    than 10 years. (See fig. 2.) For EISs approved in 2007, the average
    time taken to complete the statements and gain approval was about 7
    years, according to FHWA.[Footnote 12]

    Figure 2: Completion Times for EISs by Fiscal Year:

    [See PF for image]

    This figure is a multiple line graph depicting the following data:

    Completion Times for EISs by Fiscal Year:

    Fiscal year: 1999;
    Median: 8.3;
    Mean: 6.

    Fiscal year: 2000;
    Median: 5;
    Mean: 5.6.

    Fiscal year: 2001;
    Median: 4.5;
    Mean: 5.3.

    Fiscal year: 2002;
    Median: 6.7;
    Mean: 6.4.

    Fiscal year: 2003;
    Median: 5.6;
    Mean: 6.

    Fiscal year: 2004;
    Median: 4.5;
    Mean: 6.

    Fiscal year: 2005;
    Median: 5;
    Mean: 6.3.

    Fiscal year: 2006;
    Median: 5.1;
    Mean: 6.3.

    Fiscal year: 2007;
    Median: 5.7;
    Mean: 6.75.

    Source: FHWA.

    Note: Completion times are for the year in which the EIS was approved.
    This figure does not include any highway projects requiring EISs
    initiated after the enactment of SAFETEA-LU, because none have
    progressed to this point.

    [End of figure]

    Concerns about the time taken to complete environmental reviews led to
    congressional and executive branch efforts to make environmental
    reviews more efficient and timely without diminishing environmental
    protections. Congress included provisions to make environmental reviews
    more efficient and timely in adopting the 1998 Transportation Equity
    Act for the 21st Century (TEA-21). For example, these provisions
    required FHWA to work cooperatively with federal resource agencies to
    establish project time frames and to meet these agreed-upon time
    frames. The law allows state agencies to participate in these efforts.
    Finally, FHWA may approve requests from states to use their federal-aid
    highway funds to provide additional resource agency personnel dedicated
    to conducting environmental reviews of transportation projects in order
    to expedite these reviews.[Footnote 13]

    SAFETEA-LU made further changes to expedite highway project decision
    making and completion while continuing to ensure environmental
    protection. In the transportation planning stage, the act made changes
    to enhance consideration of environmental issues by states and MPOs
    during planning in order to identify and potentially avoid or minimize
    impacts on resources and thereby facilitate more efficient
    environmental reviews of individual projects. Key changes include the
    following:

    * State departments of transportation and MPOs must consult with
    federal, state and local resource agencies in developing their long-
    range transportation plans, using available resource plans and
    data.[Footnote 14] Such consultation was not required before SAFETEA-
    LU, but some agencies may have done so.

    * Consultation with resource agencies should include discussions of
    potential environmental mitigation activities, and the results of these
    discussions are to be included in long-range plans. Such consultation
    was not required before SAFETEA-LU.

    In the environmental review stage, the act made changes to enhance the
    involvement of resource agencies, better define roles and
    responsibilities, and limit time frames for challenging agency
    decisions in order to facilitate more efficient and timely decision
    making about highway projects, while protecting environmental
    resources.[Footnote 15] The legislation, however, did not change the
    mission of resource agencies.

    Key changes, which state departments of transportation generally carry
    out with FHWA participation, include the following:

    * Established a new category of involved resource agencies, known as
    participating agencies, which can be any agency with an interest in a
    highway project, allowing involvement from a broader range of
    interested parties. Prior to SAFETEA-LU, agencies with jurisdiction
    either through law or special expertise (called "cooperating agencies")
    were to be involved; SAFETEA-LU broadened participation to include
    those that may not qualify as cooperating agencies but may still have
    an interest in the project.

    * Required plans for coordinating public and agency participation in
    and comment on environmental reviews of projects. Prior to SAFETEA-LU,
    coordination with the public and agencies with jurisdiction was
    required, but plans for this coordination were not required.

    * Provided participating agencies and the public with an opportunity
    for early involvement in defining a project's purpose and need and in
    developing alternatives. This was not required prior to SAFETEA-LU
    although it may have occurred.

    * Encouraged collaboration between state departments of transportation
    and participating agencies on methodologies for conducting
    environmental reviews. This was not required prior to SAFETEA-LU
    although it may have occurred.

    * Imposed a 180-day limit on filing lawsuits that challenge final
    federal agency decisions, including environmental decisions.[Footnote
    16] Prior to SAFETEA-LU, lawsuits could be filed as much as 6 years
    after the decision.

    Through these new transportation planning and environmental review
    requirements, SAFETEA-LU strengthened linkages between (1)
    transportation planning by states and MPOs and (2) environmental issues
    affecting decisions about individual highway projects resulting from
    environmental reviews. The new requirements also provided opportunities
    for resource agencies to play a greater role in these activities to
    achieve more efficient decision making on environmental issues related
    to transportation projects. Overall, these strengthened linkages
    promote a more integrated approach to transportation planning,
    environmental reviews, and the incorporation of resource agency input.
    (See fig. 3.)

    Figure 3: Linkages Encouraged by SAFETEA-LU:

    [See PDF for image]

    This figure is an illustration of the Linkages Encouraged by SAFETEA-
    LU:

    Resource agencies: Link to:
    * Statewide and metropolitan transportation planning (Early
    consultation to identify environmental concerns);
    * Individual highway project decisions (Enhanced participation in
    environmental reviews to have better, more efficient decision making on
    environmental issues).

    Statewide and metropolitan transportation planning and Individual
    highway project decisions are linked to one another for greater
    integration of transportation planning and project-level decisions.

    Source: GAO adaptation of FHWA graphic.

    [End of figure]

    SAFETEA-LU added other requirements to make environmental reviews more
    efficient and allow state departments of transportation to assume
    greater responsibility for federal environmental requirements related
    to highway projects. These provisions, among others, include (1)
    allowing state departments of transportation, with FHWA approval and
    monitoring, and using criteria established by FHWA, to assume the
    responsibility for determining whether certain highway projects
    (designated in regulations or approved by FHWA) will not have a
    significant impact on the environment, referred to as categorical
    exclusions;[Footnote 17] and (2) establishing a pilot program--called
    the surface transportation project delivery pilot program--that allows
    up to five designated states, with agreement from FHWA and subject to
    FHWA's periodic review, to assume FHWA's environmental responsibilities
    for highway projects under NEPA and other federal laws.[Footnote 18]
    For a state's assumption of categorical exclusion authority and the
    pilot program, the terms of the state's authority are specified in a
    memorandum of understanding with FHWA. SAFETEA-LU further allows for
    financial assistance to affected federal, state, or tribal agencies to
    support activities that expedite and improve transportation project
    planning and the completion of individual highway projects.[Footnote
    19]

    Agency Comments and Our Evaluation:

    We provided a draft of this report to the Department of Transportation
    and to five federal resource agencies that have been involved in
    SAFETEA-LU implementation and that are responsible for resources
    important to the states we contacted: the Advisory Council on Historic
    Preservation, the Army Corps of Engineers, the Department of the
    Interior, EPA, and the Forest Service. The Department of the Interior
    provided a response for FWS and other agencies of that department that
    we had dealt with. The Advisory Council , Interior, and the Forest
    Service agreed with the draft report, while the other three agencies
    did not express an overall opinion. The Department of Transportation
    and EPA provided several technical and clarifying comments, which we
    included where appropriate.

    Scope and Methodology:

    To determine the progress made in implementing key changes called for
    by SAFETEA-LU in transportation planning to incorporate environmental
    considerations and in environmental reviews of highway projects, we
    reviewed the act and its legislative history and FHWA regulations and
    other guidance and documentation. In addition, we interviewed officials
    of FHWA headquarters, organizations representing transportation and
    environmental interests, FHWA division offices, and state departments
    of transportation and MPOs[Footnote 20] in six states--Alabama, Iowa,
    North Carolina, Ohio, Texas, and Utah. We chose these states based on
    geographic diversity and their varying amounts of experience with
    implementing the new transportation planning and environmental review
    requirements. To determine states' experience with these requirements,
    we considered their level of experience with the development of EISs
    since SAFETEA-LU was enacted, their usage of the 180-day limitation on
    lawsuits challenging highway project environmental approvals since the
    limitation became law, and the extent of the changes the state needed
    to carry out in order to comply with planning and environmental review
    requirements added by SAFETEA-LU.[Footnote 21] We used information from
    the six states for illustrative purposes--we cannot generalize the
    experiences of these states to nationwide efforts. We obtained
    information from one MPO and two to three resource agencies responsible
    for natural and historic resources in each of the six states in our
    study. We chose the MPOs in the most populous, urbanized areas of each
    of the states, potentially with the highest volume of highway projects,
    for our review. We selected resource agencies responsible for resources
    important to the state and also considered their frequency of
    interaction with state departments of transportation and MPOs on
    transportation planning and environmental reviews and chose at least
    one federal resource agency in each of the states. Additionally, we
    interviewed headquarters officials of key federal resource agencies. We
    also interviewed a California Department of Transportation official
    about the department's assumption of all federal environmental review
    responsibilities, since California is the only state to date to assume
    these responsibilities. See enclosure II for a list of organizations
    contacted.

    We gathered much of the information for this report through interviews
    because data on the implementation of SAFETEA-LU's changes are limited.
    In addition, it was not practical to gather information from a large
    number of states and MPOs and resource agencies that interact with
    them. Given that states and MPOs were not required to incorporate
    SAFETEA-LU's transportation planning provisions until they amended or
    updated their transportation plans on or after July 1, 2007, many of
    the states are just starting to implement these provisions. We did not
    review the implementation of significant changes made by SAFETEA-LU in
    environmental review requirements specifically related to public parks
    and historic sites, mainly because the act required that FHWA evaluate
    the implementation of these changes and report to Congress.[Footnote
    22] As part of our overall work, we assessed how FHWA measures progress
    toward improving and expediting environmental review processes under
    SAFETEA-LU. To do this, we interviewed FHWA officials about how the
    agency is monitoring this progress and its plans for any future efforts
    in this area and reviewed agency documents.

    We conducted this performance audit from April 2007 through April 2008
    in accordance with generally accepted government auditing standards.
    Those standards require that we plan and perform the audit to obtain
    sufficient, appropriate evidence to provide a reasonable basis for our
    findings and conclusions based on our audit objectives. We believe that
    the evidence obtained provides a reasonable basis for our findings and
    conclusions based on our audit objectives.

    We are sending copies of this report to congressional committees and
    subcommittees with responsibility for highway infrastructure and
    environmental issues; the Secretary of Transportation; the Secretary of
    Interior; the Administrator, Environmental Protection Agency; the
    Commander, U.S. Army Corps of Engineers; the Executive Director,
    Advisory Council on Historic Preservation; the Chief, Forest Service;
    the Administrator, FHWA; and the Director, Office of Management and
    Budget. We will also make copies available to others upon request. In
    addition, the report will be available at no charge on our Web site at
    [hyperlink, http://www.gao.gov].

    Should you or your staff have any questions on matters discussed in
    this report, please contact me at (202) 512-2834 or siggerudk@gao.gov.
    Contact points for our Offices of Congressional Relations and Public
    Affairs may be found on the last page of this report. Key contributors
    to this report were Stephanie Fain, Jacqueline Garza, Judy Guillams-
    Tapia, Brandon Haller, Bert Japikse, Marietta Mayfield, Patricia
    McClure, Erica Miles, James Ratzenberger, and Ilga Semeiks.

    Sincerely yours,

    Signed by:

    Katherine A. Siggerud:
    Director, Physical Infrastructure Issues:

    Enclosures:

    Enclosure I:

    Briefing for Congressional Staff:

    Highways And Environment: Transportation Agencies Are Acting to Involve
    Others in Planning and Environmental Decisions:

    Objectives:

    With SAFETEA-LU, the Congress made a number of changes to how state
    DOTs and MPOs carry out transportation planning and conduct
    environmental reviews of transportation projects to facilitate quicker
    and more efficient project completion without diminishing environmental
    protections. A key concept was stronger linkages between long-range
    transportation planning and project-level decisions. (See graphic
    below.) We determined (1) the progress that selected states, MPOs, and
    FHWA have made in incorporating environmental considerations in
    transportation planning and (2) the progress selected states and FHWA
    have made in implementing key changes in the environmental review of
    highway projects.

    Scope and Methodology:

    Our work was mainly based on interviews of federal, state, and local
    agency officials, since the agencies were still in the early stages of
    implementing SAFETEA-LU changes and available data were limited.
    Overall, to carry out our work, we (1) reviewed surface transportation
    legal materials, including SAFETEA-LU and FHWA regulations; (2)
    interviewed officials of FHWA headquarters and key stakeholder
    organizations; and (3) interviewed officials of FHWA division offices,
    state DOTs, and MPOs in six states�Alabama, Iowa, North Carolina, Ohio,
    Texas, and Utah�as well as selected federal and state resource agency
    officials responsible for natural and historic resources in these
    states. In addition, we interviewed California DOT officials about
    California�s assumption of certain authorities for environmental
    reviews.

    Summary of Results:

    All six state DOTs and six MPOs that we contacted are taking or
    considering initial steps to incorporate environmental considerations
    into long-range transportation planning.

    * Four have issued long-range plans that are compliant with the new
    requirements; the others expect to do so by 2010, in line with their
    planning cycles.

    * Challenges include (1) resource agencies� limited resources and
    limited incentive to contribute at the planning stage and (2) lack of
    knowledge by resource agencies and planners of each other�s roles and
    processes.

    * FHWA has undertaken a variety of implementation efforts, such as
    issuing guidance and conducting outreach to affected agencies. State
    DOTs and others we contacted generally gave positive reviews of FHWA�s
    efforts.

    * Because of the long-term nature of the planning process, it will
    likely take years before any benefits of these changes are apparent.

    The six state DOTs are implementing the revised environmental review
    requirements for those new highway projects that require EISs.

    * State DOTs are meeting the new requirements by increasing the
    involvement of resource agencies and the public and preparing plans to
    coordinate this involvement.

    * Challenges include limited resource agency resources and knowledge
    about the revised requirements affecting them.

    * As it has for the planning provisions, FHWA has undertaken a number
    of efforts to implement the environmental review provisions. The state
    officials we contacted generally viewed these efforts positively.

    * In addition, the agency is considering developing performance
    measures to monitor the implementation and impacts of changes made by
    SAFETEA-LU in environmental reviews. However, it will likely take at
    least 3 to 5 years before impacts can be determined.

    Figure: Linkages Encouraged by SAFETEA-LU:

    [See PDF for image]

    This figure is an illustration of the Linkages Encouraged by SAFETEA-
    LU:

    Resource agencies: Link to:
    * Statewide and metropolitan transportation planning (Early
    consultation to identify environmental concerns);
    * Individual highway project decisions (Enhanced participation in
    environmental reviews to have better, more efficient decision making on
    environmental issues).

    Statewide and metropolitan transportation planning and Individual
    highway project decisions are linked to one another for greater
    integration of transportation planning and project-level decisions.

    Source: GAO adaptation of FHWA graphic.

    [End of figure]

    Transportation Planning:

    Key Changes:

    State DOTs and MPOs are now required to consult with resource agencies
    about avoiding or mitigating impacts of transportation projects on
    natural and historic resources in developing their long-range
    transportation plans, using available resource plans and data. Resource
    agencies include federal, state, tribal, and local agencies responsible
    for land-use management, natural resources, environmental protection,
    conservation, and historic preservation. Potential environmental
    impacts of transportation projects that are of concern include damage
    to wetlands, waterways, wildlife, and endangered or threatened species.

    Consultation with resource agencies should include discussions of
    potential environmental mitigation activities, and results of these
    discussions are to be included in long-range plans.

    State DOTs and MPOs are not required to update their plans outside of
    their normal planning cycles but must comply when preparing any updates
    of their plans issued after July 1, 2007.

    These provisions were designed to enhance consideration of
    environmental issues in the planning stage to avoid or minimize impacts
    on resources and thereby facilitate more efficient environmental
    reviews of individual projects.

    Overall Assessment of Progress:

    All six states and six MPOs we covered are taking or considering
    initial steps to fulfill transportation planning requirements.

    * Some are further along than others:
    - Two states and two MPOs have issued long-range plans that comply with
    the new requirements, according to FHWA.
    - The others expect to update their plans over the next several years
    (2008-2010).
    - Progress depends on the planning update cycle of individual states
    and MPOs.

    Table: Date of Issued or Expected Long-range Plan Update for the States
    and MPOs We Contacted:

    State: Alabama;
    State DOT: May 2008;
    MPO: June 2009.

    State: Iowa;
    State DOT: September 2008;
    MPO: September 2009.

    State: North Carolina;
    State DOT: 2009 or 2010;
    MPO: June 2009.

    State: Ohio;
    State DOT: July 2007[A];
    MPO: May 2008.

    State: Texas;
    State DOT: December 2008;
    MPO: June 2007[A].

    State: Utah;
    State DOT: June 2007[A];
    MPO: June 2007[A].

    Source: GAO analysis of information provided by state DOTs, MPOs, and
    FHWA.

    [A] Issued.

    [End of table]

    Progress also depends on the existence and strength of relationships
    between DOTs or MPOs and resource agencies. According to FHWA
    officials, since the planning process is lengthy, nationwide it could
    take until 2009-2010 for most states and MPOs to fulfill these
    requirements.

    * According to FHWA, some DOTs and MPOs updated their plans before the
    July 2007 deadline in order to �start the clock over� and give
    themselves more time to meet the new planning requirements.

    * FHWA does not have nationwide data on progress in fulfilling these
    requirements.

    Varied Progress in Consulting with Resource Agencies:

    State DOTs and MPOs we interviewed vary in their progress in developing
    relationships with resource agencies.

    * Some DOTs with strong pre-SAFETEA-LU relationships with resource
    agencies reported not needing to make changes in their processes to
    comply.
    - For example, the North Carolina DOT told us it had begun modifying
    its planning process in 2004 to include consultation with resource
    agencies.

    * Some agencies have already held one or more group meetings with
    resource agencies.
    - For example, the Des Moines Area MPO has recently formed a working
    group of stakeholders, including resource agencies, to discuss issues
    early in the planning process and provide advice.

    * Other agencies have only considered how they might consult with
    resource agencies.

    Some environmental data are available, but data gaps are a concern.

    * A key to incorporating environmental considerations into
    transportation planning is good data on the location of natural,
    historic, and archeological resources, such as wetlands locations.

    * Some planners we contacted are working with resource agencies to get
    or improve maps of resources to be compared with transportation plans.
    - All six states reported some geographic information systems data
    available. [Geographic information systems are computer systems capable
    of capturing, storing, analyzing, and displaying geographic information
    and can be used to compare the location of natural resources to
    transportation plans].
    - Most states said they needed better data or were improving their
    data.

    * Data gaps occur because data are:
    - scattered, unavailable, outdated, and incomplete or;
    - withheld (e.g., archaeological data withheld to protect sensitive
    sites). Withheld data can often be obtained by planners, but with
    additional effort.

    * Federal resource agencies have data initiatives that may provide
    support for transportation planning efforts. For example, EPA has
    developed a Web-based geographic information system called �NEPAssist�
    that captures resource data throughout the United States in a single
    system and was created to assist agencies participating in
    environmental reviews with the preparation and review of NEPA
    documents. It also may be used by state and MPO transportation planners
    to identify resources that may be impacted by highway projects. A broad
    range of geographic resource information is included, such as the
    location of wetlands and other water resources, wildlife refuges,
    critical habitat for endangered species, federal and state forests,
    archeological sites, and EPA-regulated sites, such as Superfund sites
    and air quality nonattainment areas. EPA has piloted the system in
    several areas and plans to gradually roll it out nationally.

    In addition, progress in developing mitigation strategies among
    planners we contacted is limited because consultations with resource
    agencies are generally in the beginning stages.

    * Most DOTs and MPOs we contacted have not yet held discussions with
    resource agencies on potential mitigation activities.

    * Two DOTs and two MPOs with long-range plans that FHWA has determined
    comply with the changes made by SAFETEA-LU have included these
    discussions in their plans.

    * Planners are required to identify potential environmental mitigation
    activities with resource agencies but are not required to carry out
    these activities. However, some states already have mitigation banks
    that DOTs or MPOs have indicated they could utilize. [Mitigation
    banking is a system in which unavoidable damage to wetlands, waterways,
    habitat, and other natural resources can be compensated for through the
    purchase of credits for the preservation, restoration, or creation of a
    comparable resource elsewhere. Transportation or other developers
    purchase credits from these banks, which assume responsibility for the
    long-term maintenance of these natural resources].

    Views on Planning Requirements:

    Some transportation planners and most resource agency officials told us
    that early input from resource agencies into planning could be
    beneficial by identifying potentially affected resources at an early
    stage so that mitigation or avoidance measures can be identified early.

    According to FHWA, the changes to the planning process, especially
    consultations with resource agencies�including discussions of
    environmental mitigation�are intended to produce better and more
    inclusive transportation decision making. FHWA expects that these
    changes will result in better relationships between transportation and
    resource agencies, better transportation projects, more effective
    conservation of natural and cultural resources, and more efficient
    environmental reviews.

    Federal funding for positions at resource agencies for transportation-
    related work is available.

    * Since TEA-21, state DOTs have been allowed to use federal-aid highway
    funding for positions at federal and state resource agencies for the
    purpose of conducting environmental reviews of highway projects. State
    DOTs must obtain the approval of FHWA division offices for such uses of
    these funds. In 2005 (the latest data available), 34 states funded
    positions at resource agencies. Many of these positions were funded
    solely with state funds, according to FHWA. One-third of all positions
    were at federal agencies; two-thirds were at state agencies.

    * SAFETEA-LU expanded the possible use of such funded positions to
    include consultation on long-range planning and the development of
    natural resource mapping systems, among other things, as long as these
    funded activities contribute to expediting environmental reviews.

    * SAFETEA-LU did not authorize any additional funds specifically for
    this purpose, however. States proposing to use this authority must take
    the funds out of their normal allocation of federal-aid highway funds.
    As was the case previously, FHWA must approve such uses of these funds.

    Planners and resource agencies generally cited three challenges in
    involving resource agencies in planning.

    (1) Resource agency resources are limited.

    * The primary challenge is limited resource agency resources, including
    funding, staff, and time.
    - This challenge is exacerbated by the one-to-many relationship of
    resource agencies to MPOs.
    - Resource agencies may be inundated with new MPO requests to
    participate in planning.
    - For example, Texas has 25 MPOs, each of which may contact the same
    resource agency.

    Table: Number of MPOs in Each State:

    State: Alabama;
    Number of MPOs: 11.

    State: Iowa;
    Number of MPOs: 9.

    State: Ohio; 17
    Number of MPOs: 17.

    State: North Carolina;
    Number of MPOs: 17.

    State: Texas;
    Number of MPOs: 25.

    State: Utah;
    Number of MPOs: 4.

    Source: FHWA.

    [End of table]

    * States have mixed views on using funded positions at resource
    agencies for planning work.
    - North Carolina DOT, for example, funds 30 positions at resource
    agencies for environmental reviews of highways and hopes to use these
    staff for planning as well.
    - Some states, on the other hand, believe resource agencies should fund
    their own activities.
    - However, most resource agencies we spoke with said that they do not
    have enough resources to carry out their new roles.

    * Also, like resource agencies, MPOs have limited resources to deal
    with their new duties.

    * FHWA recognizes that limited resources and competing priorities may
    hinder resource agencies� participation in transportation planning.
    Officials point out that state DOTs� use of federal-aid funds for
    resource agency positions could be helpful, but the actual use of
    funded positions for transportation planning activities could be
    controversial and remains to be seen, since such positions have been
    used for project-specific environmental review work. FHWA is sponsoring
    a study of how state DOTs manage the resource agency positions they
    fund; this study will cover whether DOTs are using or expect to use
    resource agency positions for transportation planning activities. FHWA
    anticipates that a report will be issued in August 2008.

    (2) Resource agencies may find it difficult to contribute at the
    planning stage.

    * Transportation planning has not been a mission for resource agencies
    and may not be a priority.
    - The enactment of SAFETEA-LU changed agency relationships, but did not
    change resource agency missions.

    * Although state DOTs and MPOs are required to invite resource agencies
    to participate in transportation planning, their participation is not
    required.
    - Historically, resource agencies have been required by law to give
    input at the environmental review stage.

    * Resource agencies are not used to long-range transportation planning.
    - It is difficult for resource agencies to be definitive about possible
    impacts of long-term transportation plans, since these plans are broad
    in scope, covering whole metropolitan areas or states. These agencies
    are used to having project-specific information before signing off on a
    project during environmental review.

    * Some resource agencies do not see the added benefit of giving broader
    planning input when they are already required to give project-specific
    input at the environmental review stage.

    * FHWA officials told us they recognize that providing input into
    transportation planning takes time and may not be in harmony with
    resource agencies� missions and need to participate in environmental
    reviews of specific projects.

    (3) Planners sometimes lack knowledge of resource agencies� roles and
    processes, and resource agencies sometimes lack knowledge of planners�
    roles and processes.

    * Some resource agency offices we contacted lack knowledge of the
    transportation planning process and participants.
    - FHWA has tried to educate resource agencies on changes made by
    SAFETEA-LU through various means, including correspondence, Web-based
    seminar presentations, and workshops. We recognize that it is a
    challenge for FHWA to reach all agency officials that could be affected
    by these changes, given their large number and existence at different
    levels of government.
    - State DOTs also have provided training, such as a forum in Colorado,
    to improve communication among the state�s transportation planning
    agencies and resource agencies.

    * Some planners we spoke with lack knowledge of who to contact at
    resource agencies.
    - MPOs, which do not generally play a role in environmental reviews,
    may not be familiar with resource agencies and their missions.

    * Some MPOs have raised questions about how to incorporate resource
    agencies into planning, such as how much consultation is enough and
    what to do if resource agencies do not respond.

    * However, the absence of prescriptive requirements provides
    flexibility, which some transportation officials welcome.

    * FHWA has made a number of efforts to inform transportation planners,
    including MPOs, about how best to implement the revised planning
    requirements, as described in the next section.

    Photograph:

    [See PDF for image]

    Source: Harris County Flood Control District; reproduced with
    permission.

    [End of image]

    Consideration of environmental resources in transportation planning can
    result in the early identification of possible adverse effects of
    projects and the identification and eventual implementation of
    mitigation measures to address them. For example, such consideration
    might indicate a need to mitigate runoff from new highways that could
    result in localized flooding or violation of water quality standards.
    One mitigation measure might be to retrofit storm water collection
    systems to capture and pass highway water runoff through a system of
    newly created wetlands. Such a retrofit is shown in the photograph
    above.

    FHWA Actions to Promote and Oversee Implementation:

    FHWA has taken a variety of actions to promote the implementation of
    the revised transportation planning requirements, including:

    * issuing regulations on statewide and metropolitan transportation
    planning in February 2007;

    * providing additional guidance on its Planning and Environmental
    Linkages Web site;

    * conducting outreach to state DOTs, MPOs, and resource agencies to
    familiarize them with the changes made by SAFETEA-LU. These activities
    have included:
    - workshops held in 24 states in which state DOT, MPO, and resource
    agency staff discussed how to strengthen linkages between
    transportation planning and environmental reviews;
    - workshops, held in 5 states to date, that brought together and
    trained resource agencies and state transportation planners to improve
    collaboration and promote data sharing;
    - letters to federal resource agencies notifying them of their new role
    in planning; and;
    - Web-based seminar presentations to EPA and FWS, with plans for
    additional presentations for other federal resource agencies.

    * disseminating leading practices through its Web site as well as
    through funding of a grant program, called Eco-Logical, to support
    innovative efforts; and;

    * funding activities of AASHTO�s Center for Environmental Excellence.
    These activities have included:
    - educating transportation planners and resource agencies about each
    other�s processes;
    - providing technical assistance to transportation planners, and;
    - developing a practitioner�s handbook for state DOTs and MPOs on
    incorporating environmental considerations into planning.

    FHWA division offices mainly use two methods to oversee implementation:

    * Certification reviews of the planning processes for transportation
    management areas (urbanized areas with populations of over 200,000) are
    FHWA�s main method of determining progress in implementing the new
    planning requirements. [Certification reviews are used to determine
    whether aspects of the planning process are in compliance with the law
    and to identify areas needing improvement. The reviews are conducted
    every 4 years and cover planning by MPOs as well as states].

    * Approval by division offices of STIPs is another key method of
    overseeing progress. According to FHWA, division offices determine
    whether states are making progress in complying with the revised
    planning requirements in making STIP approval decisions. FHWA does not
    maintain nationwide data on these approvals. However, determinations
    regarding compliance progress are documented in any findings about
    planning that accompany STIP approval.

    We did not evaluate the adequacy of FHWA�s actions to promote or
    oversee the implementation of these SAFETEA-LU provisions.

    DOTs� and MPOs� Views on FHWA Actions:

    DOTs and MPOs we contacted generally gave positive reviews of actions
    by FHWA headquarters and division offices. Transportation Planning
    (con�t.) Highways and Environment

    * Generally, the DOTs and MPOs we contacted reported good communication
    or good relationships with FHWA headquarters and division offices.

    State DOTs, MPOs, and resource agencies suggested some further actions
    to facilitate implementation:

    * Expand funding of resource agencies.

    * Provide additional training for resource agencies to familiarize them
    with the revised requirements that affect them.

    * Further clarify what types of activities fulfill the requirement to
    consult with resource agencies.

    * Disseminate more information on leading practices for MPOs.

    As discussed, FHWA is taking a number of actions in these areas and
    recognizes the need for continued efforts to facilitate implementation.

    Time Needed to Show Benefits of SAFETEA-LU Changes:

    According to FHWA, since the transportation planning process is long
    term, it will take some time and a number of planning update efforts
    for the value of these changes to become apparent.

    State and local transportation planners we contacted have mixed views
    on whether the changes made by SAFETEA-LU will improve planning
    outcomes, while resource agencies are generally positive. Some planners
    said that it will be many years before any potential benefits will be
    seen.

    [End of section]

    Environmental Review:

    Key Changes:

    SAFETEA-LU defined roles and responsibilities and enhanced resource
    agency and public involvement during environmental reviews by:

    * establishing a new category of resource agency involvement, known as
    participating agencies;

    * requiring plans for coordinating and scheduling agency and public
    participation, known as coordination plans;

    * requiring opportunities for early involvement of resource agencies
    and the public in defining a project�s purpose and need and in
    developing alternatives;

    * requiring collaboration with resource agencies on methodologies for
    conducting environmental reviews.

    These changes apply to projects requiring an EIS for which reviews were
    initiated after the law was enacted.

    The overall intent of these provisions was to facilitate more efficient
    and timely project decision making while protecting environmental
    resources.

    Overall Assessment of Progress:

    From August 2005, when SAFETEA-LU was enacted, through December 2007,
    109 new projects nationwide had been identified as requiring an EIS,
    according to FHWA. The environmental reviews for these projects must
    follow revised requirements. These projects are moving through the
    stages of preparing an EIS, which, on average, takes over 6 years.
    [Footnote 23] As of December 2007, 2 projects had reached the final EIS
    stage and 2 more had reached the draft EIS stage.

    In the six states that we contacted, 30 new projects were identified as
    requiring an EIS during this period.

    * Of these, 24 are actively moving forward in the post-SAFETEA-LU
    environmental review process; the remaining 6 are on hold or are being
    canceled.

    * A draft EIS has been prepared for 1 of these projects.

    Table: Number of Active EIS Projects Subject to SAFETEA-LU
    Requirements, as of December 2007:

    State: Alabama;
    Number: 2.

    State: Iowa;
    Number: 4.

    State: North Carolina;
    Number: 6.

    State: Ohio;
    Number: 2.

    State: Texas;
    Number: 5.

    State: Utah;
    Number: 5.

    State: Total;
    Number: 24.

    Source: State DOTs and FHWA.

    [End of table]

    State DOTs Are Completing New Required Steps:

    The state DOTs that we contacted have taken a number of actions to
    complete required steps as they develop EISs for the 24 active
    projects.

    * All six state DOTs have invited participating agencies to be involved
    in environmental reviews and have developed coordination plans.

    * All six states also are working to provide opportunities for agencies
    and the public to be involved early in defining their projects� purpose
    and need and the alternatives to be considered and to collaborate with
    agencies in developing review methodologies.

    * The 24 projects are at different stages, so a few have not yet
    completed each step, as shown in the following table.

    Table: Total Number of EIS Projects in Six States for Which Key Steps
    Required by SAFETEA-LU Have Been Completed, as of December 2007:

    Step: Invite participating agencies;
    Total: 23.

    Step: Develop coordination plan;
    Total: 23.

    Step: Involve agencies and public in defining purpose and need;
    Total: 22.

    Step: Involve agencies and public in developing the range of
    alternatives;
    Total: 20.

    Step: Collaborate with agencies on review methodology;
    Total: 22.

    Step: Total number of active EIS projects subject to SAFETEA-LU
    requirements;
    Total: 24.

    Source: GAO analysis of information provided by state DOTs and FHWA.

    [End of table]

    * Although these states had varied ways of conducting environmental
    reviews, most believed they did not need to make major changes to their
    existing processes to comply with the requirements added by SAFETEA-LU.
    For example, prior to SAFETEA-LU, some states (Iowa, North Carolina,
    and Ohio) had already developed processes that provided early
    opportunities for resource agencies and the public to be involved.

    Early participation by resource agencies in environmental reviews of
    highway projects may help identify and mitigate possible harmful
    environmental effects. For example, resource agencies may identify the
    possibility of erosion and sedimentation into trout streams. Specific
    mitigation measures, such as sediment basins like this one to catch
    runoff, could be identified during environmental review and
    subsequently be implemented during construction.

    Photograph:

    {See PDF for image]

    Photo of sediment basin.

    Source: North Carolina DOT.

    [End of image]

    Views on Environmental Review Requirements:

    State DOTs, resource agencies, and other transportation stakeholders we
    contacted recognized some potential benefits of post-SAFETEA-LU changes
    in environmental reviews, including:

    * improved project management;

    * increased likelihood of weeding out flawed alternatives early, and;

    * better informed and more involved resource agencies.

    According to FHWA, these changes institutionalize more disciplined
    project management, essentially �tightening up� the environmental
    review process. In addition, these changes put FHWA in a stronger
    management role. State DOTs and resource agencies cited four main
    challenges in their efforts to implement the post-SAFETEA-LU changes in
    environmental reviews.

    (1) Resource agency resources are limited.

    * Resource agencies cited their core regulatory duties as their main
    responsibility and told us that resource constraints hamper their
    ability to take on extra responsibilities. These constraints may limit
    their ability to fully participate in the early stages of environmental
    reviews.

    * FHWA recognizes that resource constraints may limit the ability of
    resource agencies to participate more fully in environmental reviews.
    FHWA officials noted that some state DOTs fund positions at resource
    agencies, using federal-aid funds, while others do not. AASHTO plans to
    survey states by the summer of 2008 to obtain updated information on
    the extent to which state DOTs fund positions at resource agencies. As
    noted previously, FHWA is sponsoring a study of how states manage these
    positions; this study will identify useful practices, including
    practices for evaluating the services performed.

    (2) Resource agencies� and local public authorities� knowledge of post-
    SAFETEA-LU requirements is incomplete.

    * Many resource agencies we contacted told us that they need more
    education and training on the changes.

    * Some local public authorities leading EIS projects that we contacted
    say they have received limited guidance or training from state DOT and
    FHWA officials on how to implement the revised requirements.

    * FHWA officials have told us that they are aware of these needs and
    therefore have made and continue to make efforts to educate resource
    agencies and other stakeholders on the new requirements, through Web-
    based seminars, for example.

    (3) Existing processes must be adapted to meet the revised
    requirements.

    * Some state DOTs said they have had difficulty reaching agreement with
    FHWA division offices on the extent to which their existing processes
    need to be changed to comply.

    * FHWA officials told us that determining whether or not state DOT
    processes are compliant has presented a challenge in some cases. For
    example, some states have maintained that their existing environmental
    review processes do not need to be changed because they are already in
    compliance with post-SAFETEA-LU requirements.

    * States that re-engineered their environmental review process under
    certain provisions in TEA-21 could request a �grandfathering� exemption
    to continue operating under their pre-SAFETEA-LU processes. Only
    Florida requested this exemption and this request was approved by FHWA.
    Some of the states we covered had made major changes in their
    environmental review processes prior to SAFETEA-LU. One state DOT
    official told us that his agency did not request this exemption because
    complying with the SAFETEA-LU requirements did not negatively impact
    its processes and it would not have been worthwhile to make such a
    request. An official from another state DOT told us that the DOT
    decided to make required changes, which were not substantial, to its
    process in order to realize potential efficiencies.

    4) Documentation requirements have increased.

    * Some state DOTs and local public agencies we contacted are concerned
    that requirements for more correspondence with resource agencies and
    the public, as well as a documented coordination plan, create an
    increased paperwork burden�slowing down their efforts to complete
    environmental reviews.

    * Some state DOTs also expressed a concern that the additional
    paperwork burden could open them to lawsuits if this paperwork is
    considered deficient in any way.

    * Some transportation officials in the states we covered believe that
    changes in the environmental review process can result in better
    project decisions. However, some cautioned that the process will not
    necessarily be more efficient or timely since the extra steps required
    to comply with the environmental review provisions add time to
    environmental reviews.

    * FHWA headquarters officials told us that they had heard indirectly of
    such concerns but do not believe that the additional documentation
    requirements are overly burdensome. They noted that the new documents
    required, especially the coordination plan, help to achieve better
    management and oversight of projects.

    Use of 180-Day Limitation Is Varied

    * According to FHWA, the 180-day statute of limitations had been used
    96 times as of December 2007. FHWA does not have information on the
    number of projects for which a decision was taken but no published
    notice given. [SAFETEA-LU also placed a 180-day limit on lawsuits
    challenging final federal agency environmental decisions�such as the
    approval of an EIS�on highway projects, when notices of those decisions
    are published in the Federal Register. FHWA has interpreted this
    provision so as to give it and state DOTs discretion in deciding
    whether, and when, to apply this limit to highway project decisions].

    * The 180-day limitation has been used to a varying degree in the six
    states to limit lawsuits challenging federal decisions on highway
    projects. (See table below.) Most limitations apply to decisions made
    between 2005 and 2007. FHWA has interpreted this provision to also
    allow its use for final agency decisions made before SAFETEA-LU was
    enacted. Some limitations have been applied to decisions made as far
    back as 1990.

    Table: Extent of Use of the 180-Day Statute of Limitations in the Six
    States, as of December 2007:

    State: Alabama;
    Number of projects to which the limitation was applied: [A].

    State: Iowa;
    Number of projects to which the limitation was applied: [A].

    State: North Carolina;
    Number of projects to which the limitation was applied: 4.

    State: Ohio;
    Number of projects to which the limitation was applied: 6.

    State: Texas;
    Number of projects to which the limitation was applied: 12.

    State: Utah;
    Number of projects to which the limitation was applied: 8.

    State: Total:
    Number of projects to which the limitation was applied: 30.

    Source: FHWA.

    [A] Not applied.

    [End of table]

    * Officials from one state told us that they determine whether to ask
    FHWA to trigger the statute of limitations (by publishing a notice) on
    a project-by-project basis and did not make broader use of this
    provision in order to avoid the unintended consequence of encouraging
    litigation. Officials from another state said that they have plans to
    use the provision for all eligible projects.

    * Some transportation officials in the states we covered noted that the
    new statute of limitations could lead to cost savings. It limits
    lawsuits to a period when it would not cost as much to change project
    plans and, after this period, work can proceed on a project without the
    risk of lawsuit. They did not cite challenges in implementing the
    statute of limitations.

    Assessment of Progress in State Assumption of Categorical Exclusion
    Authority:

    Some states are pursuing increased responsibilities for categorical
    exclusions, but overall interest has been limited.

    * To date, only the California DOT has assumed authority for
    categorical exclusions and, in addition, according to FHWA, only the
    Utah DOT and the Alaska DOT are actively seeking this same authority.

    * Several state DOTs we contacted did not see a need to take on the
    authority to approve categorical exclusions because they were using
    programmatic agreements with FHWA and resource agencies that streamline
    review and approvals for many projects classified as categorical
    exclusions.

    * State DOTs also identified the requirement to waive sovereign
    immunity as an obstacle to taking advantage of the categorical
    exclusion approval authority.
    - Some states were interested in applying for categorical exclusion
    approval authority (e.g., Ohio and Texas), but the state DOTs were not
    able to rally enough support in their state legislatures to waive
    sovereign immunity, as required to assume approval authority for
    categorical exclusions.

    * In discussing with resource agency officials their views on states
    assuming responsibility for categorical exclusion decisions, most did
    not express any concern about this change. However, officials from one
    agency said that state assumption of responsibility for these decisions
    could decrease input from resource agencies in addressing environmental
    concerns.

    Other Key Changes:

    Approximately 90 percent of all surface transportation projects have
    minimal environmental impacts and therefore receive �categorical
    exclusions,� qualifying them for limited environmental review.

    SAFETEA-LU allowed state DOTs to assume the responsibility for
    determining whether certain highway projects can receive a categorical
    exclusion, in accordance with criteria to be established by FHWA and
    with FHWA in a monitoring role. States can assume this responsibility
    after waiving their sovereign immunity and entering into a memorandum
    of understanding with FHWA. The intent of this change is to reduce
    processing time for categorical exclusions.

    A pilot program�called the surface transportation project delivery
    pilot program�has been established to allow up to five states (to
    include, if interested: Alaska, California, Ohio, Oklahoma, and Texas)
    to assume FHWA�s environmental responsibilities for highway projects
    under NEPA and other federal laws, after entering into a memorandum of
    understanding with FHWA and with continuing oversight by the agency.
    This program is designed to provide information on whether delegating
    these responsibilities to the states will result in more efficient
    environmental reviews while meeting all federal requirements for these
    reviews.

    Assessment of Pilot Program Progress:

    Assessment of Pilot Program Progress:

    To date, only the California DOT has received FHWA approval to
    participate in the surface transportation project delivery pilot
    program.

    * Ohio and Texas declined to participate because their state
    legislatures did not approve a waiver of sovereign immunity, which is
    required for participation in the program.

    * According to FHWA, Alaska and Oklahoma are still interested and may
    decide to participate. Alaska is waiting until it has completed a
    memorandum of understanding with FHWA on the authority for categorical
    exclusions, and Oklahoma is seeking the approval it needs from its
    legislature to waive sovereign immunity.

    The California DOT began the pilot program on July 1, 2007, and has
    taken steps to implement its new authorities.

    * It added a NEPA quality control review step to its process, in which
    specialists use the same criteria that FHWA would have used to review
    the state DOT�s EIS.

    * These specialists must (1) meet qualification standards and (2)
    complete a 3-day training course co-facilitated by the California DOT
    and FHWA division staff.

    * It created a NEPA Delegation Manager position to act as the point
    person for all delegation responsibilities.

    After Ohio and Texas declined to participate, FHWA issued a Federal
    Register notice in July 2007 soliciting interest from other states to
    participate in the program and conducted outreach at national meetings.

    * According to FHWA officials, no states have expressed interest.

    * FHWA officials told us that they believe concern about the need to
    waive sovereign immunity is the main reason for the lack of interest,
    but that states also are concerned about the amount of work required to
    set up such a program and want to wait and see how the program works in
    California.

    According to state and FHWA officials we spoke with, an additional
    reason why states have not pursued either of these new authorities is
    that, to avoid conflicts of interest, FHWA has prohibited state DOTs
    with these authorities from making advance purchases of rights of way
    for highway projects. According to FHWA, this practice presents a
    conflict of interest because the state then has a stake in
    environmental decisions.

    * States sometimes make such advance purchases in order to accelerate
    the completion of a project and avoid inflation. According to some
    state officials, not being able to make such advance purchases would
    increase the time and cost associated with completing projects.

    * According to FHWA officials, they suggested that state DOTs develop a
    �firewall� to divide those who make environmental review decisions from
    those who purchase rights of way, but states indicated that they could
    not do this.

    * In discussing with resource agency officials their views about the
    pilot program, they expressed little or no concern about it. Officials
    in several agencies noted that this program could be beneficial. For
    example, one official said that environmental reviews of projects could
    be more efficient with a reduced FHWA role.

    FHWA Actions to Promote and Oversee Implementation:

    FHWA has taken a variety of actions to promote the implementation of
    the post-SAFETEA-LU changes in environmental reviews, including:

    * issuing various types of guidance on the implementation of these
    provisions and posting this guidance on its Environmental Review
    Toolkit Web site;

    * proposing revised regulations for environmental reviews and issuing a
    regulation regarding the surface transportation project delivery pilot
    program;

    * conducting outreach to federal, state, and local agencies involved in
    environmental reviews to familiarize them with the post-SAFETEA-LU
    changes through training (both in person and via Webcast), conference
    presentations, and technical assistance;

    * disseminating leading practices through its Web site; and;

    * funding activities of AASHTO�s Center for Environmental Excellence,
    including;
    - issuing a new practitioner�s guide on the revised environmental
    review requirements and;
    - identifying leading practices in implementing these requirements to
    put on the Center�s Web site.

    FHWA oversees implementation mainly by conducting:

    * day-to-day oversight of state DOT environmental review activities
    through, for example, division office review and approval of EISs and
    monitoring of states� assumption of responsibility for categorical
    exclusions;

    * reviews by FHWA attorneys of the legal sufficiency of EISs, including
    compliance with the new requirements, as applicable; and;

    * audits of states� performance in the surface transportation project
    delivery pilot program. The first audit, of California DOT�s
    performance in the pilot program, was conducted in January 2008, and
    the report is scheduled to be completed by June 2008. We did not
    evaluate the adequacy of FHWA�s actions to promote or oversee the
    implementation of these changes.

    Views on FHWA Actions:

    Transportation officials and other stakeholders we contacted generally
    gave positive reviews of FHWA�s efforts to inform them about the key
    SAFETEA-LU changes in environmental reviews.

    The state DOTs, local public agencies responsible for environmental
    reviews, and resource agencies we contacted suggested possible
    additional actions to further facilitate implementation of the changes
    made by SAFETEA-LU. As for transportation planning, expanded funding of
    and training for resource agencies were suggested. In addition, they
    cited the following actions:

    * Some state officials told us that they would like more flexibility to
    follow their pre-SAFETEA-LU processes, which they say accomplish the
    act�s goals and the new requirements in spirit.

    * Some states have also suggested that, to increase states� interest in
    assuming authority for categorical exclusions and in participating in
    the pilot program, the requirement to waive sovereign immunity could be
    eliminated and states could be allowed to make advance purchases of
    rights of way and to assume the associated risk.

    FHWA�s views on concerns raised by various stakeholders and the
    agency�s efforts to address them were discussed above.

    The various environmental review changes made by SAFETEA-LU were
    designed to achieve more efficient and timely project decision making,
    particularly for projects undergoing an EIS review, while maintaining
    environmental protections.

    FHWA Efforts to Track Progress:

    According to FHWA data, since fiscal year 1999, EIS reviews have
    averaged between 5 and 7 years to complete and over 12 percent of them
    have taken longer than 10 years.

    Figure: Completion Times for EISs by Fiscal Year:

    Fiscal year: 1999;
    Median: 8+;
    Mean: 6.

    Fiscal year: 2000;
    Median: 5;
    Mean: 5+.

    Fiscal year: 2001;
    Median: 4+;
    Mean: 5+.

    Fiscal year: 2002;
    Median: 7;
    Mean: 6+.

    Fiscal year: 2003;
    Median: 6;
    Mean: 6+.

    Fiscal year: 2004;
    Median: 4+;
    Mean: 6.

    Fiscal year: 2005;
    Median: 5;
    Mean: 6+.

    Fiscal year: 2006;
    Median: 5;
    Mean: 6+.

    Fiscal year: 2007;
    Median: 5+;
    Mean: 6+.

    Source: FHWA.

    Note: Completion times are for the year in which the EIS was approved.
    This figure does not include any highway projects requiring EISs
    initiated after the enactment of SAFETEA-LU, because none have
    progressed to this point.

    [End of figure]

    * FHWA currently has two main methods for monitoring progress in
    expediting and improving environmental reviews:[Footnote 24]
    - measures of the timeliness of EIS completion, based on data collected
    by its division offices, and;
    - measures of the quality of interagency coordination, based on
    surveys, conducted in 2003 and 2006, of resource and transportation
    agency staff views on environmental reviews of transportation projects.
    - These measures covered a range of topics, such as whether
    communication among agencies was sufficient, how well transportation
    staff protected the environment, and whether reviews were completed in
    a reasonable amount of time.

    * FHWA also has related environmental measures, such as measures of
    efforts to reduce pollution and other adverse environmental effects
    from transportation projects.[Footnote 25] These include:
    - the number of exemplary context-sensitive solution projects and
    programs and; [According to FHWA, its context-sensitive solutions
    initiative is a collaborative, interdisciplinary approach that involves
    all stakeholders to develop a transportation facility that fits its
    physical setting and preserves scenic, aesthetic, historic, and
    environmental resources while maintaining safety and mobility];
    - the number of areas not meeting mobile source emissions targets in
    their state implementation plans[Footnote 26] (goal is to minimize this
    number).

    Measures Being Considered:

    * FHWA is planning and considering developing several other measures
    specifically to track progress in implementing, and the impacts of,
    changes made by SAFETEA-LU in environmental reviews. (See following
    table.)

    Table: New Environmental Review Performance Measures Related to SAFETEA-
    LU That Are under Consideration:

    Type of measure: Timeliness of EISs;
    Description of measure: Median EIS completion time for projects
    undergoing environmental review under the post-SAFETEA-LU EIS process;
    Status: Plans to report results of such a measure starting in fiscal
    year 2009 in agency performance reports and on its Web site.

    Type of measure: Quality of interagency coordination;
    Description of measure: Inclusion of questions related to
    implementation of the post-SAFETEA-LU EIS process in follow-on survey
    of resource and transportation agency environmental review staff;
    Status: May repeat survey in 2009 and may include such questions and
    their responses in final report on survey.

    Type of measure: Compliance with new requirements;
    Description of measure: States� implementation of new steps required
    under the post-SAFETEA-LU EIS process and ratings of the effectiveness
    of various aspects of this process, based on information collected semi-
    annually;
    Status: Has started to develop such measures and plans to include
    results in report to Congress on the effectiveness of SAFETEA-LU
    environmental provisions and on its Web site.

    Source: GAO analysis of information provided by FHWA.

    [End of table]

    * In addition, FHWA is tracking, for internal management use, the
    number of projects for which 180-day limitation on claims notices has
    been filed in order to monitor the use of this limitation.

    Studies and Reviews Underway or Planned:

    * The agency also is sponsoring several studies and reviews that may
    provide additional information on progress in implementing, as well as
    impacts of, SAFETEA-LU changes in environmental reviews. (See following
    table.)

    Table: Key FHWA Initiatives That May Provide Information on the
    Implementation and Impacts of SAFETEA-LU Changes in Environmental
    Reviews:

    Type of initiative: Timeliness of EISs;
    Description: In March 2007, FHWA piloted this standard tool in five
    states. All state DOTs and FHWA division offices can now use this tool,
    which is in a checklist format, to monitor the implementation of
    recommended environmental review activities�including post-SAFETEA-LU
    requirements�and identify successful practices and opportunities for
    improvement;
    Status: Underway; FHWA is encouraging the voluntary use of the tool.

    Type of initiative: Monitoring of states� assumption of responsibility
    for categorical exclusions;
    Description: FHWA will monitor the compliance of states with the
    memorandums of understanding (MOU) they enter into with the agency and
    will consider the results in deciding whether to renew the MOU.
    Monitoring will include measures of various aspects of MOU compliance
    and performance, including timeliness;
    Status: Underway; first report, on the California DOT, expected in
    spring 2008.

    Type of initiative: Audits of the California DOT�s performance in
    surface transportation project delivery pilot program;
    Description: FHWA will conduct audits of the California DOT to ensure
    compliance in meeting all federal laws for which the state has been
    assigned responsibility. FHWA will conduct semi-annual audits during
    the first 2 years and annual audits thereafter. Audits will include
    measures of various aspects of performance, including timeliness;
    Status: Underway; first report expected in June 2008.

    Source: GAO analysis of information provided by FHWA.

    [End of table]

    In Time, Measures and Studies Should Show Impacts:

    * As can be seen from the information presented, FHWA is making a
    number of efforts to track progress in improving and expediting
    environmental reviews. However, its efforts to specifically measure or
    study the implementation and impacts of changes made by SAFETEA-LU are
    in the early stages of development or implementation, and it is too
    early to assess them.

    * FHWA anticipates that the results of new measures and studies related
    to SAFETEA-LU will start becoming available during the next year or
    two.

    * Agency headquarters officials also noted that it will take at least 3
    to 5 years before the effects of the act�s changes in the environmental
    review process can begin to be discerned.

    * Some other transportation stakeholders we interviewed agreed that it
    will take years to see the effects of the new requirements because the
    environmental review process is lengthy and it will take some time to
    get the current highway projects through the entire process.

    [End of enclosure]

    Enclosure II:

    Organizations Contacted:

    In performing our work we contacted the following agencies and
    organizations:

    Federal Transportation and Resource Agencies:

    Advisory Council on Historic Preservation;
    Bureau of Indian Affairs;
    Department of the Interior;
    Department of Transportation;
    Environmental Protection Agency;
    Federal Highway Administration;
    Fish and Wildlife Service;
    Forest Service;
    National Park Service;
    Army Corps of Engineers;
    National Marine Fisheries Service.

    State Transportation Agencies:

    Alabama Department of Transportation;
    California Department of Transportation;
    Iowa Department of Transportation;
    North Carolina Department of Transportation;
    Ohio Department of Transportation;
    Texas Department of Transportation;
    Utah Department of Transportation.

    State Resource Agencies:

    Alabama Department of Environmental Management;
    North Carolina Department of Environment and Natural Resources;
    Ohio Environmental Protection Agency;
    State Historical Society of Iowa;
    Texas Commission on Environmental Quality;
    Texas Parks and Wildlife Department;
    Utah State Historic Preservation Office.

    Metropolitan Planning Organizations:

    Birmingham Metropolitan Planning Organization;
    Des Moines Area Metropolitan Planning Organization;
    Mid-Ohio Regional Planning Commission;
    North Carolina Capital Area Metropolitan Planning Organization;
    North Central Texas Council of Governments;
    Wasatch Front Regional Council.

    Local Public Agencies and Consultants:

    Houston Grand Parkway Association;
    North Carolina Turnpike Authority;
    Solid Civil Design;
    Snyder and Associates, Inc.

    Other Organizations:

    Association of Metropolitan Planning Organizations;
    American Association of State Highway and Transportation Officials;
    Defenders of Wildlife;
    Environmental Defense;
    National Conference of State Historic Preservation Officers;
    National Trust for Historic Preservation;

    [End of enclosure]

    Footnotes:

    [1] GAO, Highway Infrastructure: Perceptions of Stakeholders on
    Approaches to Reduce Highway Project Completion Time, GAO-03-398
    (Washington, D.C.: Apr. 9, 2003).

    [2] MPOs are organizations that include representatives of local
    governments for the purpose of transportation planning and coordination
    of highway and transit projects. According to FHWA, there are almost
    400 MPOs nationwide.

    [3] We interviewed state department of transportation officials; one
    MPO in the most populous, urbanized area in each state; and officials
    of two to three federal and state resource agencies responsible for
    resources within each state. See the scope and methodology section at
    the end of this letter on why our work was limited to a small number of
    states and MPOs and for further information on how we selected states
    and agencies to cover.

    [4] FHWA does not collect this information nationwide.

    [5] Because we performed our work at a small number of states and MPOs
    (six of each), for the most part we did not attempt to quantify our
    findings.

    [6] Federal funding is available for transportation-related positions
    at resource agencies and, if approved by FHWA, is taken out of the
    state's normal share of federal-aid highway funds. In 2005, the
    American Association of State Highway and Transportation Officials
    (AASHTO) surveyed all 50 states and reported that 68 percent of them
    fund positions at resource agencies. Two-thirds of these positions were
    at state resource agencies and the remainder were at federal resource
    agencies.

    [7] According to FHWA, 109 projects nationwide fall under these
    requirements.

    [8] The state departments of transportation develop Statewide
    Transportation Improvement Programs (STIP). MPOs develop similar short-
    term plans, called Transportation Improvement Programs, which feed into
    the STIPs.

    [9] Permits are written approvals for projects which may impact the
    environment. For example, permits would be required for highway
    projects that potentially impact water quality.

    [10] For highway projects for which there is no significant
    environmental impact, the time required for environmental approval is
    much less. A highway project that is expected to have a minimal
    environmental impact may qualify for a categorical exclusion, requiring
    a more limited environmental review. Categorical exclusions represent
    84 percent of highway projects. If it is unclear whether a project will
    have a significant environmental impact, the state department of
    transportation must conduct an environmental assessment (9 percent of
    highway projects), which currently takes a median time of 26 months to
    complete, according to FHWA.

    [11] See app. II of GAO, Highway Infrastructure: Stakeholders' Views on
    Time to Conduct Environmental Reviews of Highway Projects, GAO-03-534
    (Washington, D.C.: May 23, 2003), for examples of other resource
    agencies that may play a role in the environmental review of highway
    projects.

    [12] We have reported on issues involving environmental reviews in
    transportation planning and the time taken to complete environmental
    reviews; see GAO, Transportation Planning: State and Metropolitan
    Planning Agencies Report Using Varied Methods to Consider Ecosystem
    Conservation, GAO-04-536 (Washington, D.C.: May 17, 2004); GAO-03-534;
    Environmental Protection: Federal Planning Requirements for
    Transportation and Air Quality Protection Could Potentially Be More
    Efficient and Better Linked, GAO-03-581 (Washington, D.C.: Apr. 28,
    2003); and GAO-03-398.

    [13] In addition, Executive Order 13274 was issued in 2002 to promote
    the development and implementation of transportation infrastructure
    projects in an efficient and environmentally sound manner. An
    interagency task force oversees the implementation of the order and
    monitors the environmental reviews of certain high-priority projects.
    This task force is composed of officials from the Departments of
    Agriculture, Commerce, Interior, Defense, and Transportation; EPA; the
    Advisory Council on Historic Preservation; and the Council on
    Environmental Quality.

    [14] States and MPOs are not required to update their long-range plans
    out of their normal planning cycles to comply with SAFETEA-LU changes,
    but must comply in any update of their plans after July 1, 2007.

    [15] These changes apply to projects for which environmental impact
    statement reviews were initiated after the law was enacted.

    [16] The 180-day limitation is triggered by the publication of a notice
    in the Federal Register announcing a final federal agency action, such
    as the issuance of a permit or approval. FHWA division offices, in
    consultation with state departments of transportation and other joint
    lead agencies, decide whether to publish this notice. FHWA's
    interpretation of this provision gives it and state departments of
    transportation discretion in deciding whether, and when, to apply this
    limit to highway project decisions.

    [17] To assume this responsibility, the state department of
    transportation must waive its sovereign immunity and enter into a
    memorandum of understanding with FWHA. Sovereign immunity refers to
    governments', including state governments', right not to be sued
    without consent.

    [18] These states, if interested in participating in the pilot program,
    include Alaska, California, Ohio, Oklahoma, and Texas.

    [19] This requirement explicitly authorizes funding for a broader set
    of activities than did TEA-21, but retains similar conditions on the
    approval of funding. Funding may now be used for a variety of project-
    specific and more general activities--including transportation
    planning--as long as these activities contribute to expediting the
    review of projects that are subject to the revised environmental review
    process.

    [20] We did not discuss the implementation of environmental review
    requirements added by SAFETEA-LU with MPOs, since they generally are
    not involved in these reviews.

    [21] We excluded two leading states, California and Florida, from the
    above efforts. California has unique state requirements and procedures
    for planning and environmental reviews. FHWA exempted Florida from the
    new environmental review provisions. States that re-engineered their
    environmental review process to streamline transportation decision
    making under section 1309 of TEA-21 could request a "grandfathering"
    exemption to continue operating under their pre-SAFETEA-LU processes.
    Only Florida requested this exemption and this request was approved by
    FHWA.

    [22] FHWA is planning to provide its first such report to Congress in
    November 2008.

    [23] This figure applies to projects for which EIS reviews were
    completed in fiscal year 2007.

    [24] FHWA has performance goals related to the EIS completion time
    measures and the results of these measures are reported in its budget
    request and on its Web site, among other places. The quality of
    interagency coordination measures are published in a report on these
    survey results. See Gallup Organization, Final Report: Implementing
    Performance Measurement in Environmental Streamlining (Washington,
    D.C., May 2007).

    [25] FHWA has performance goals related to these measures and reports
    its results in its budget request and in Performance and Accountability
    Reports of the U.S. DOT, among other places.

    [26] These plans are air quality plans that explain how an area that is
    not in compliance with the requirements of the Clean Air Act will come
    into compliance.

    [End of section]

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