Roles and Responsibilities of NEPA Joint Lead Agencies

1
Roles and Responsibilities of NEPA Joint Lead
Agencies

• The traditional role as described by 40 CFR
  parts 1500-08 and 23 CFR part 771, and
• The role described in SAFETEA-LU, which includes
• - Identifying and inviting participating
  agencies
• - Developing coordination plans
• - Providing opportunities for public/agency
  involvement in defining Purpose Need and
  determining the range of alternatives
• - Collaborating with participating agencies on
  determining methodologies and level of detail
  for analysis of alternatives

2
Whats Changed Under the Environmental Review
Process?

• The ERP emphasizes that Joint Lead Agencies are
  to collaborate in performing tasks and making
  decisions
• USDOT agencies do not reserve final decision
  making authority Joint Leads have shared
  responsibilities for decision making

3
SAFETEA-LUs Focus on FHWAs role as Lead Federal
Agency

• Strengthens the management and facilitation role
  of FHWA
• Responsible for overall direction of the
  Environmental Review Process and expediting
  delivery of transportation project
• Enforce schedules, facilitate resolution of
  issues, acting to ensure the Environmental Review
  Process proceeds in a timely manner

4
Manage Process and Resolve Issues

• Joint Lead Oversight
• Shared commitment to project
• Partnership in responsibilities
• Collaborative and coordinated decision making
• Timely consideration and resolution of issues
• Individual lead agency commitment to provide
  expertise to identify concerns and resolve
  conflicts

5
Who should be the Joint Leads?

• Mandatory Lead Agencies
• -USDOT must serve as the Federal Lead Agency for
  a transportation project
• -The direct recipient of Federal funds must
  serve as a Joint Lead Agency
• Discretionary Lead Agencies
• -Other Federal, state or local govt agencies
• -Tribes

6
Retrofit Implementation

• Are the mandatory Joint Lead Agencies in place?
• Are there agencies which should be invited to be
  discretionary JLAs?
• Do the JLAs understand their shared
  responsibilities and have those
  responsibilities been undertaken?
• Were previous project decisions made
  collaboratively? And documented?

7
Questions?
8
Lead Agencies Quiz

• The Joint Lead agencies share roles in the
  environmental review process, yet if the joint
  lead agencies cannot decide on a preferred
  alternative, FHWA makes the decision.
• A private toll road authority, acting as a
  project sponsor, may be a joint lead agency and
  joint lead agencies are responsible for
  developing the coordination plan .

9
Lead Agencies Quiz II

• A MPO can be a project sponsor and hire the
  consultant for the project, without the
  requirement of involving the State DOT in the
  process as a joint lead agency.
• The joint lead agencies are responsible for
  managing the Environmental Review Process,
  keeping the project on schedule, and gaining the
  concurrence of all participating agencies on the
  project purpose and need.