TxDOT Research Library - TxDOT Research Project

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NEPA Reporting Synthesis of State Practices

What Was the Need?

The Surface Transportation Project Delivery Program has authorized delegating the National Environmental Policy Act (NEPA) review and approval processes to state Departments of Transportation (DOTs). The Texas Department of Transportation (TxDOT) became the second state DOT to assume this responsibility for determinations of categorical exclusions (CEs), environmental assessments (EAs), and environmental impact statements (EISs). A memorandum of understanding (MOU) between TxDOT and the Federal Highway Administration (FHWA) assigned these responsibilities to TxDOT in December 2014. As part of the process for assuming assignment responsibility, the State of Texas waived its sovereign immunity for NEPA litigation brought under the Administrative Procedures Act.

What's the Solution?

This project aimed to identify best practices and procedures related to NEPA Assignment and documentation with the goal of recommending process revisions to TxDOT, and included the development of (i) performance measures and (ii) training materials for TxDOT staff and other NEPA professionals to communicate the roles and responsibilities for staff within TxDOT and local governments and consultants under NEPA Assignment.

Research Benefits

Training developed during this research provides TxDOT with a process for improving staff's understanding of the roles and responsibilities incumbent upon the DOT under Assignment. The research team focused on defining the purpose of the NEPA documentation process, on the importance of the administrative record and precise documentation, and on emphasizing the significance of each individual role in making correct and defensible NEPA decisions under Assignment. By laying the foundation of the tenets of NEPA and individual responsibility, these materials will assist TxDOT in its transition to assignment and development of incoming staff skills. Continuous improvement in each of the discussed areas will improve the consistency and quality of the administrative record and process used to develop it, and will reduce the likelihood of litigation.

Project Number

0-6866

Status

Completed

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