1 / 25

State of Alaska’s Assumption of Responsibility for Categorical Exclusions from FHWA

Understand the process, responsibilities & requirements as Alaska takes on FHWA's Categorical Exclusion assignments. Stay compliant to avoid MOU termination.

laurena
Download Presentation

State of Alaska’s Assumption of Responsibility for Categorical Exclusions from FHWA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. State of Alaska’sAssumption of Responsibility for Categorical Exclusions from FHWA Sometimes referred to as the Section 6004 assignment

  2. CE Assignment SAFETEA-LU Section 6004 (signed by former President George Bush on Aug 10, 2005) • allows the USDOT Secretary to assign, and a State to assume, responsibility for determining whether activities are categorically excluded from requirements for EAs or EISs

  3. CE Assignment if a State assumes such responsibility… the USDOT Secretary also may assign …certain Federal responsibilities for environmental review, consultation, or other related actions … Alaska is only the third or 50 states to request assumption (the first 2 were California & Utah).

  4. DOT&PF and Alaska Division of FHWA have a Memorandum Of Understanding (MOU) waiting for signatures. Have CEQ & FHWA Headquarters approval. FHWA and DOT&PF have issued public notices, received and responded to comments. Completing supporting work – e.g. Manual, Internal Programmatic Agreements

  5. CE Assignment Applies to Federal Aid highway projects requiring approval (funding) by the FHWA Alaska Division office • Does not apply to Western Federal Lands projects or FTA, FAA, Denali Commission projects

  6. CE Assignment The assignment includes only the following: • Activities listed in 23 CFR 771.117 (c); • The example activities listed in 23 CFR 771.117(d) If it does not meet “c” or “d” it is not assigned and FHWA Alaska Division approves the CE.

  7. Supersedes any existing programmatic agreement solely between the State and the FHWA concerning CEs The 4 FHWA Programmatic Agreements remain in effect for non-assigned projects We are working on 4 Internal Programmatic Agreements for assigned projects.

  8. CE Assignment FHWA retains responsibility for Government-to-Government (G2G) consultation. Initiation notice (scoping) from State to a Tribe initiation is not considered G to G. Inadequate resolution of issues can cause exclusion from assignment.

  9. CE Assignment FHWA also retains projects with: • Formal Section 7 consultation • Formal consultation under ANILCA for a Title XI approval • Individual Section 4(f) Evaluations State will need to provide evidence of completion of NEPA process to FHWA when requesting funding authorizations

  10. So….projects not assigned to DOT: project not on “c” or “d” list project uses ANILCA lands Inadequate issue resolution with Tribe requires Formal Section 7 Consultation needs an Individual Section 4(f) Evaluation uses funds that are not Federal Aid Highway funds

  11. CE Assignment State Performance Requirements We will be required to comply with: • 23 CFR 771.117(a)&(b), and • all applicable federal laws, regulations policies and guidance, and • All applicable State and local laws Failure to meet these requirements will be grounds for termination of the MOU.

  12. CE Assignment FHWA policies and guidance are to be communicated to the State within 10 days of issuance, or cannot be grounds for termination State will work with other appropriate Federal agencies concerning laws, guidance, and policies

  13. Proposed Processing of CEs. The State shall: Institute process to identify and review environmental effects of proposed project Review proposed CE determinations Consider environmental analysis and project file documentation

  14. CE Assignment Proposed Processing of CEs…. The process shall include review by a competent reviewer who is not a preparer of the CE documentation. For Central Region that person will be the Regional Environmental Manager.

  15. CE Assignment The CE will be required to state: • no significant impacts on the environment …and …is categorically excluded from the requirements to prepare an EA or EIS. • the specific CE activity, finding, and determination that there are no unusual circumstances [23 CFR 771.117(a&b) ]

  16. Required State Resources: The State must maintain staff capability and expertise to carry out the assignment. This includes: appropriate technical and managerial expertise adequate financial and staff resources demonstration that we have the capacity to perform the responsibilities under the MOU

  17. CE Assignment State Quality Control • The Statewide Environmental Office will perform quality control activities/monitoring • Take corrective action, as needed • Provide training and notice to FHWA

  18. CE Assignment Monitoring • Quarterly report of CE determinations • Report after 5 quarters (15/30 months) • Maintain records – FOIA availability • FHWA process reviews (annually)

  19. CE Assignment The State agrees that it is solely responsible and solely liable for complying with and carrying out this MOU The FHWA shall have NO responsibility or liability for the performance of responsibilities assigned to the State

  20. CE Assignment The State consents to and accepts the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the USDOT Secretary that the State assumes …the State…shall be deemed to be a Federal agency

  21. CE Assignment this…constitutes a waiver of the State’s immunity under the Eleventh Amendment to the U.S. Constitution for … purposes of addressing the compliance, discharge, and enforcement of …responsibilities that the State assumes under this MOU….

  22. CE Assignment The FHWA will not provide project-level assistance, which includes advice, consultation, or document review for a particular highway project…. …does not include discussions concerning prior projects, legal interpretations of titles 23 or 49, FHWA or USDOT regulation, policies or guidance.

  23. CE Assignment The MOU shall have an initial term of three (3) years. Renewable for additional terms of three (3) years each if DOT&PF requests and the FHWA Alaska Division determines we have satisfactorily carried out the provisions of the MOU.

  24. CE Assignment The FHWA will not intervene or be otherwise involved in any issue involving the State’s consultation or coordination with another Federal, State, or local agency . FHWA may elect to attend meetings between the State and other Federal agencies as part of monitoring.

  25. Any questions don’t hesitate to contact me at 269-5692 or email Susan.Wick@alaska.gov.

More Related