FHWA Issues RFI to Improve Surface Transportation Project Environmental Review Process

“We’re proud to support construction technology that helps communities build transit projects more quickly,” said U.S. Transportation Secretary Pete Buttigieg.

The Federal Highway Administration (FHWA) on April 12 announced a Request for Information (RFI) seeking public comment on environmental review processes that can be improved under the Inflation Reduction Act (IRA).

According to FHWA, which issued the RFI as part of an ongoing effort to help deliver surface transportation projects faster, the agency will consider ideas and recommendations from public and private stakeholders on how to reduce delays for intercity rail and public transportation projects through the development of more “efficient and effective” environmental reviews.

The IRA, FHWA says, “provides guidance and resources to several Federal agencies to facilitate efficient and effective reviews under the National Environmental Policy Act and other Federal processes,” including the identification of new strategies that would “mitigate environmental impacts and thereby reduce timeframes for environmental reviews.”

The IRA includes Environmental Review Implementation Program funds to be administered by FHWA to support environmental reviews of surface transportation projects, including intercity rail projects funded by the Federal Railroad Administration (FRA) and public transportation projects funded by the Federal Transit Administration (FTA). The funds, FHWA says, may also be used by the Administration to “develop guidance, technical assistance, templates, training, or other tools to facilitate an efficient and effective environmental review process for surface transportation projects.” To use the Environmental Review Implementation Funds optimally, FHWA says it is seeking information through the RFI on what the agency “should consider while implementing the funds.”

FHWA says it is seeking information on the following:

• “The types of assistance that would be most beneficial to recipients of direct funding and facilitate an efficient and effective environmental review process for surface transportation projects.
  
  
• “What program areas would most benefit from new or continued research.
  
  
• “Ways in which FHWA can make resources available to the eligible entities while promoting equity and maximizing the opportunity to improve the efficiency and effectiveness of the environmental review process.”

FHWA says it also hopes to “learn of additional opportunities to make improvements or accelerate the environmental review process for existing surface transportation programs, in addition to other State, local, and tribal programs.”

The Environmental Review Implementation Program, according to FHWA, builds on the Administration’s ongoing efforts to implement efficiencies in project delivery and environmental review. These efforts include consulting with other federal agencies on program-level actions; considering benefits and impacts to the environment during the transportation planning process; providing transportation liaisons in resource and regulatory agencies, such as the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers; and integrating NEPA (National Environmental Policy Act) and environmental permitting.

“Under President Biden’s leadership, we now have historic funding to bring better roads, bridges, railways, highways and transit to the American people,” said U.S. Secretary of Transportation Pete Buttigieg. “To make the most of that funding, we are stepping up efforts to help communities deliver their transportation projects on time, on task, and on budget.”

“Like the Bipartisan Infrastructure Law, the IRA provides unprecedented investment opportunities for America’s transportation system,” said Federal Railroad Administrator Amit Bose. “Delivering great projects on time and budget requires careful planning and strong execution. Like the Capital Project Guidance FRA recently issued, this RFI will enhance project delivery across the board.”

Comments in response to FHWA’s RFI, “Inflation Reduction Act, Request for Information,” can be submitted at regulations.gov. The RFI is expected be published in the Federal Register on April 17, 2023.