Environmental Process
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Environmental Process
Environmental Process
National Environmental Policy Act (NEPA)
In 1969, the United States Congress enacted the NEPA, the first act of its kind that addressed issues of sustainable development, and brought environmental concerns to the level of national policy. NEPA requires that the social, economic and environmental impacts be identified and analyzed for all federally funded transportation actions that may impact the human or natural environment, and also emphasizes the importance of community involvement in this process. Additionally, NEPA provides a framework for considering impacts of Federal-aid projects, and has also created the Council on Environmental Quality (CEQ) to assist in NEPA-based interpretations. FHWA uses this framework for the simultaneous consideration of all relevant environmental laws and regulations. Impacts considered under NEPA include, but are not limited to:
• Land Use Impacts
• Farmland Impacts
• Social Impacts
• Relocation Impacts
• Economic Impacts
• Pedestrian and Bicyclist Pathways
• Air Quality
• Noise Impacts
• Water Quality Impacts
• Permits
• Wetland Impacts
• Water Body Modifications
• Wildlife Impacts
• Floodplain Impacts
• Wild and Scenic Rivers
• Coastal Barriers
• Coastal Zone Impacts
• Threatened or Endangered Species
• Historic and Archaeological Impacts
• Hazardous Waste Sites
• Visual Impacts
• Energy
• Indirect and Cumulative Impacts
In order to take these impacts in to account, an environmental document is prepared for each federally funded project. There are three types of environmental documents, Categorical Exclusions, Environmental Assessments and Environmental Impact Statements.
Categorical Exclusions (CE):
Categorical exclusions are prepared for actions that do not individually or cumulatively have a significant impact on the human environment. These actions are those which:
• Do not involve significant impacts to planned growth or land use
• Do not require the relocation of significant number of people
• Do not significantly impact natural, cultural, recreation or historic resources
• Do not involve significant air, noise, or water quality impacts
• Do not have significant impacts on travel patterns
• Or, do not otherwise have any significant environmental impacts.
Environmental Assessments (EA):
Environmental Assessments are interim decision documents prepared for actions where the significance of the social, economic or environmental impacts are not clearly established. If no significant impacts are determined following the development of the document, a Finding of No Significant Impact (FONSI) is prepared. However, if the proposed impact is determined to cause a significant impact, an Environmental Impact Statement (EIS) is prepared. The primary purpose of an EA is to assist the Indiana Department of Transportation (INDOT) and Federal Highway Administration (FHWA) in determining if an EIS is required.
Environmental Impact Statement (EIS)
Once the decision is reached that a proposed project will cause significant impacts to the human environment, an EIS is required by the NEPA. This document summarizes the major environmental impacts, outlines issues, examines reasonable alternatives and arrives at a Record of Decision (ROD), identifying the selected alternative for the project.
For more information regarding the Environmental Process, please visit:
Federal Highway Administration http:/www.fhwa.dot.gov/
Indiana Department of Transportation (INDOT) http:/www.in.gov/dot/
Section 106
Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effects of their undertakings on historic properties. Historic properties in this instance include both standing structures and archaeological resources. The Section 106 process involves efforts to identify historic properties potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or mitigate any adverse effects on historic properties. In order to help identify these historic properties and provide community involvement, consulting parties are identified through coordination with the State Historic Preservation Officer (SHPO).
Consulting parties are those individuals or agencies who have a vested interest in historic resources. Typically consulting parties consist of the SHPO, Historic Landmarks Foundation, any local historic preservation commissions, county historians and local historical societies, local government, and any other historical groups. A description of the proposed project, including a description of the preliminary Area of Potential Effect (APE), and an invitation to participate in the Section 106 process is issued to these individuals and agencies as part of the early coordination process. Additional potential consulting parties are identified through coordination with the SHPO.
The APE is the area in which an undertaking may cause direct or indirect changes in character or use of a historic property. The boundary of the APE is determined through the consideration of the effect of the undertaking in respect to visual and audible intrusions, changes in traffic patterns and alterations in land use or public access. Once an APE is established, historic properties are identified through coordination with the consulting parties. The historical significance of these properties is evaluated and an effect determination is made.
There are three possible types of effect determinations. Each of these effect determinations is made by the Federal Highway Administration.
A “No Historic Properties Affected” finding indicates that there are no properties on, or eligible for inclusion on the National Register of Historic Places (NRHP) that would be impacted by the proposed project. It is possible for historic properties to be located within the APE and still have a project receive a “No Historic Properties Affected” finding.
A “No Adverse Effect” finding indicates that although historic resources are impacted by the proposed project, the impacts to these resources are such that they would not alter the properties listing or eligibility for the NRHP.
An “Adverse Effect” finding results when the historic characteristics of a resource are altered such that the resource’s ability for inclusion on the NRHP is compromised. When this finding is established, a Memorandum of Agreement (MOA) is created and signed by the SHPO, the INDOT and the FHWA. The MOA details the mitigation measures that must be followed.
A description of the Section 106 Process is located at the Federal Highway Administration’s website (http://www.fhwa.dot.gov/indiv/106proc.htm).
In the event an impasse is reached between regulatory agencies and the sponsoring federal agency funding the proposed project, the Advisory Council on Historic Preservation is contacted to act as an arbitrator. For more information on the Advisory Council, please visit their website (Advisory Council on Historic Preservation (http://www.achp.gov/))
