In 2021, Congress passed the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL), which reauthorized surface transportation programs. This legislation allocated approximately $350 billion over a 5-year period to Federal highway programs with a focus on repairing roadways and bridges, with the opportunity to create jobs, boost the economy, and enhance transportation safety and resilience of the Nation’s transportation infrastructure. In addition to these funded programs, BIL provides funding through competitive discretionary grants. To date, thousands of projects have been awarded in communities across all 50 States, Washington, D.C., and U.S. territories.

The Federal Highway Administration is required by the National Environmental Policy Act (NEPA) to evaluate the environmental impacts of transportation projects proposing to use Federal funding. FHWA is focusing on several key additional BIL authorities to improve the environmental review and permitting process for transportation infrastructure projects. For major projects, FHWA can use a provision that enables the One Federal Decision (OFD) process. This process establishes environmental review schedules with a 2-year agency-wide average for NEPA decisionmaking, followed by the necessary permits and authorizations within 90 days. With the OFD approach, FHWA can complete NEPA requirements with a single, joint environmental impact statement or environmental assessment developed in collaboration with Federal resource agencies. This collaborative effort synchronizes the NEPA and permitting processes, ensuring a thorough evaluation of environmental considerations while reducing the time needed to move projects from conception to ground-breaking—from planning to implementation.
 

Efficiencies in environmental reviews are not just limited to major projects. FHWA has established a list of categorical exclusions (CEs) in its NEPA procedures (23 CFR 771) for actions that normally do not have a significant impact on the human environment. As a result, these actions do not require the preparation of an environmental assessment or environmental impact statement if no extraordinary circumstances exist. CEs account for more than 95 percent of FHWA-authorized projects per year, with completion times varying from one to a few months, depending on the type of project. In addition, the Fiscal Responsibility Act of 2023 enables a Federal agency to “adopt” or use another agency’s CEs, which allows FHWA to adopt the U.S. Department of Energy’s CEs for electric vehicle charging stations in its regulations.

FHWA also implements best practices to improve project delivery regardless of the project’s size. This includes partnering with Federal resource agencies at the national and local levels to reduce duplication and expedite project delivery. FHWA established programmatic agreements with several resource agencies, like the U.S. Fish and Wildlife Service, to significantly reduce the time required to obtain necessary permits and authorizations. These agreements create a streamlined process for meeting routine environmental requirements for common project types.

State departments of transportation and public entities receiving FHWA funding can leverage the increased infrastructure funding provided in BIL by using existing authorities to establish transportation liaison agreements with resource agencies. These agreements use FHWA funds to accelerate and streamline Federal-aid project reviews and approvals within their State.

FHWA is committed to successfully facilitating transportation projects through BIL implementation programs by providing useful tools and new resources, informational fact sheets, and targeted technical assistance to guide entities receiving funding. We continue to assess the entities’ needs and explore other opportunities where FHWA can help with project delivery. I have highlighted only a handful of resources in the FHWA toolbox, but I encourage you to access more information about advancing FHWA projects through environmental reviews via the FHWA websites below:

• FHWA - Homepage: https://highways.dot.gov/.
• BIL: https://www.fhwa.dot.gov/bipartisan-infrastructure-law/.
• Environmental Review Toolkit: https://www.environment.fhwa.dot.gov.

Damaris Santiago
Director
Office of Project Development and Environmental Review
Federal Highway Administration