The private sector is reticent to invest in highway projects early in the project's life because of the vagaries of the environmental permitting process. SAFETEA includes a number of proposed changes that would streamline the environmental process and make it more predictable; thus, making investment in surface transportation infrastructure more attractive to the private-sector. Specifically, SAFETEA would:
∙ Strengthen the provisions of current law that provide for setting timeframes for environmental reviews and decisions on permits.
∙ Allow some of U.S. DOT's responsibilities concerning Categorical Exclusions to be assumed by States.
∙ Clarify the legal standard under "section 4(f)" applicable to determinations as to whether a possible project alternative is feasible and prudent.
∙ Resolve the current overlap between Section 106 of the National Historic Preservation Act and "section 4(f)".
∙ Provide for timely resolution of outstanding legal disputes by establishing a six-month statute of limitations for appeals on the adequacy of projects' environmental impact statements and other environmental documents.
∙ Expand authority for States to use Federal funds to pay for new positions to expedite reviews.
The changes proposed in SAFETEA are designed not only to make the processing of documents more efficient, but also to avoid changing the substantive requirements concerning environmental protection.