Page 22 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

ENVIRONMENTAL ISSUES 5

projects that involve existing facilities. Working with community stakeholders to preserve
and enhance the human and natural environment is a significant component of these pro-
jects. To address the challenges resulting from this new emphasis, many state transporta-
tion agencies and professional organizations have implemented a “context-sensitive design”
(CSD) approach to project development.
The National Highway System Designation Act (Section 109 of Title 23, USC)
was enacted in November 1995. The act indicated that design for new construction,
reconstruction, resurfacing, restoration, or rehabilitation of highways on the National
Highway System (other than a highway also on the Interstate System) may take into
account

• The constructed and natural environment of the area
• The environmental, scenic, aesthetic, historic, community, and preservation impacts of
the activity
• Access for other modes of transportation
Five pilot states (Connecticut, Kentucky, Maryland, Minnesota, and Utah) were selected to
implement the CSD approach to highway design. Principles for CSD can be found on the
FHWA website at www.fhwa.got.gov/csd/principles.

1.3 NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969 (NEPA)

NEPA is the most important federal environmental legislation to be considered in the plan-
ning and development of highway projects. NEPA was enacted by Congress in December
1969 and signed into law by President Nixon on January 1, 1970. It was the first compre-
hensive environmental law in the United States and established the country’s national envi-
ronmental policies. To implement these policies, NEPA requires federal agencies to assess
the environmental effects of its discretionary actions prior to making decisions on such
actions. Actions subject to NEPA include such activities as the financing or approving of
projects or programs; the adoption of agency regulations and procedures; the permitting of
private and public actions; and a broad range of other actions.
As indicated in Section 101 of NEPA, its purpose is “to declare a national policy
which will encourage productive and enjoyable harmony between man and his envi-
ronment; to promote efforts which will prevent or eliminate damage to the environment
and biosphere and stimulate the health and welfare of man; to enrich the understanding
of the ecological systems and natural resources important to the Nation; and to estab-
lish a Council on Environmental Quality (CEQ)”, within the executive office of the
president.
In addition to the agency specific regulations implementing NEPA, DOT and its con-
stituent agencies have identified the process and methods to be used to assess environmen-
tal impacts under NEPA in a number of orders, technical advisories, and memoranda.
These include Order 5610.1C, Procedures for Considering Environmental Impacts
(9/18/1979), which established procedures for consideration of environmental impacts in
decision making on proposed DOT actions. A draft revision to this order has been consid-
ered by DOT (Draft Order 5610.1D, 7/5/2000), but has not been finalized. Further guidance
for preparing environmental documents under NEPA is provided in FHWA Technical
Advisory T6640.8A, Guidance for Preparing and Processing Environmental and Section
4(f) Documents (10/30/1987), the Federal Aid Policy Guide (FAPG), and a number of
FHWA Policy Memoranda (see Table 1.1).