Page 33 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

16 CHAPTER ONE

project, or ensuring that one is prepared. Other federal agencies that have jurisdiction by
law, or that have special expertise with respect to any environmental issue that should be
addressed in the EIS may be a cooperating agency upon request of the lead agency. An
agency may also request that the lead agency designate it as a cooperating agency. Each
cooperating agency must (1) participate in the NEPA process at the earliest possible time,
(2) participate in the scoping process described below, (3) assume on request of the lead
agency responsibility for developing information and preparing environmental analyses
including portions of the EIS concerning issues which the cooperating agency has spe-
cial expertise, and (4) make staff available to enhance the lead agency’s interdisciplinary
capability.
Dissemination of Letter of Initiation. In accordance with Section 6002 of SAFETEA-
LU, a project sponsor has the responsibility to notify DOT that the environmental review
process for a project “should be initiated.” This notice of initiation, which can take the form
of a letter or other form of notice, should identify the type of work, termini, length, and gen-
eral location of the project. It should also identify any federal approvals that the project
sponsor believes will be necessary, including all anticipated environmental reviews, per-
mits, and consistency determinations.
Publication of Notice of Intent. The EIS process begins with the publication of a notice
of intent (NOI) stating the agency’s intent to prepare an EIS for the proposed action. The NOI
is published in the Federal Register, and provides basic information on the proposed action
in preparation for a subsequent “scoping process.” The NOI should include a description of
the purpose and need for the proposed action similar to that included in an EA. In addition,
it includes a brief description of the proposed action and possible alternatives, and a descrip-
tion of the process proposed by the sponsoring agency to identify the scope of the EIS. This
should include any proposed scoping meetings and other methods proposed for public
involvement in the environmental review process. The NOI should also identify the agency
point of contact for the project, who can respond to questions concerning the proposed action
and the NEPA process. The NOI should emphasize the lead agency’s commitment to col-
laborate with others interested in the proposed action and to describe how it intends to engage
interested parties throughout the analysis. The publication of the NOI in the Federal Register
can be supplemented by issuing other forms of notice such as announcements on websites,
newspapers, newsletters, and other forms of media. The format and content of the notice of
intent are included in FHWA Technical Advisory T6640.8A.
Invitation to Participating Agencies. In addition to publication of an NOI, Section
6002 of SAFETEA-LU requires that the lead environmental agency designate as
“participating agencies” (a new term created under SAFETEA-LU) all other govern-
mental agencies—federal or nonfederal—that may have an interest in the project, and
invite them to participate in the environmental review process for the project. Such desig-
nation and invitation should occur as early in the environmental review process as is
practicable. Any federal agency that is invited to participate in the process must accept
the invitation unless that agency notifies the lead agency in writing by the deadline speci-
fied in the invitation that (1) it has no jurisdiction or authority over the project, (2) it has
no information or expertise relevant to the project, and (3) it does not intend to submit
comment on the project.
Section 6002 of SAFETEA-LU further mandates that the lead agency must establish a
plan for coordinating public and agency participation in the environmental review process,
including for all federal environmental reviews for the project, not just DOT reviews.
Optionally, the lead agency may establish a schedule for completion of the environmental
review process after consultation with all participating agencies and the state and project
sponsor. SAFETEA-LU directs “each federal agency, to the maximum extent practicable,”
to (1) carry out all reviews required under other laws concurrently with the review required
in NEPA, and (2) formulate and implement mechanisms to enable the agency to ensure the