1. Commenters suggested that FHWA should adopt a new National Environmental Policy Act (NEPA) and Section 404 and Endangered Species Act (ESA) memorandum of understanding (MOU). According to commenters, the current MOU was executed to provide for coordination of three environmental review processes, but in practice the MOU has not been as helpful as anticipated in streamlining the Federal environmental process. Accordingly, it is suggested that the MOU be improved by revising the agreement as follows:
∙ Clearly restrict the jurisdictional role of the resource agencies and limit their participation to issues within their respective areas of expertise;
∙ Define information needs for the different stages based on a level of information appropriate to the decision to be made and an appropriate expenditure of time and resources rather than a set definition that is not appropriate for all projects;
∙ Impose enforceable time limits on various elements of NEPA, 404, and ESA processes; and
∙ Establish workable procedures to allow those involved in the process to elevate issues naturally. Elevation should be done within a couple of weeks (as opposed to the several month process of the existing elevation procedures.)[330]
2. Commenters suggested projects could be expedited if the FHWA and State transportation agencies developed programmatic approaches to compliance with the ESA and Section 404. Many private landowners and local governments have developed programmatic approaches to the resolution of ESA and wetland issues.[331]
3. Commenters also suggested that the FHWA should develop data-standardized approaches to analysis of cumulative effects and growth-inducement. The absence of sophisticated approaches to the analysis of cumulative impacts and growth can delay a project due to opposition from Environmental Protection Agency (EPA) and the environmental community.[332]
4. Commenters suggested that State transportation agencies should be authorized to compile the administrative record for a project. Federal environmental litigation is often delayed by several months while the administrative record is compiled by the FHWA. To reduce this delay, State transportation agencies should be authorized to compile the administrative record in advance of completion of the environmental process.[333]
5. At risk activities, such as real estate acquisition and procurement of design and contracting services should be allowed prior to, but conditioned on, the completion of NEPA review.[334]