NEPA, enacted by Congress in 1969 and signed into law on January 1, 1970, requires Federal agencies to consider the environmental effects of their proposed actions. NEPA is often considered an “umbrella law” as it provides the framework for compliance with all environmental laws.
NEPA charges the Council on Environmental Quality with overseeing and guiding NEPA implementation across the Federal Government, which includes developing implementing procedures. The most recent update of CEQ’s NEPA Implementing Regulations went into effect on July 1, 2024: 40 CFR Parts 1500 to 1508.
DOT NEPA Procedures
- DOT NEPA procedures (DOT Order 5610.1C, 44 FR 56420)*
- Agency NEPA Procedures, guidance, and NEPA contacts for FHWA, FTA, FRA, FAA, and MARAD
- NHTSA NEPA Procedures 49 CFR Part 520
* FMCSA, PHMSA, and GLS follow DOT NEPA procedures
DOT has nine modal Operating Administrations (or modes). Operating Administrations and entities with NEPA assignment agreements act as lead agencies under NEPA. NEPA activities are largely carried out by project sponsors, including state DOTs and transit agencies, in coordination with the appropriate federal lead agency. Note that surface transportation projects for FHWA, FRA, and FTA have unique NEPA requirements outlined in 23 U.S.C. § 139.
NEPA Assignment
Per 23 U.S.C. § 327, the Secretary of Transportation may assign federal NEPA responsibilities to a state, allowing a state to assume responsibilities for federal environmental review, consultation, and compliance. Currently the California High Speed Rail Authority and seven states have NEPA assignment authorities (Alaska, Arizona, California, Florida, Ohio, Texas, and Utah).
NEPA Liaisons
Transportation liaisons are personnel funded by DOT, State DOTs, or other project sponsors and housed in federal or state resource and regulatory agencies. DOT issued guidance on the use of liaisons in October 2022.
NEPA/Permitting Reports to Congress
- 2024 Permitting Report to Congress: DOT examined current NEPA practices for surface transportation and highlights strategies to implementing NEPA efficiently.
- 2017 IPIC Report to Congress: This report summarizes the implementation of FAST Act process improvements.
- 2016 DOT Report to Congress on Modernization Environmental Review Process: This report examines ways to modernize, simplify, and improve DOT’s implementation of NEPA.