Section 101 - Definitions and declaration of policy

1 Analyses of this statute by attorneys

  1. Department of Transportation Proposes New NEPA Procedures

    Perkins CoieJacob AronsonDecember 1, 2020

    The Department proposes to delete these references in its existing procedures, in order to align with the updated CEQ regulations and section 1301 of the MAP-21 statute, which directs the Department to accelerate transportation project delivery, reduce costs, and ensure that transportation projects are completed in a streamlined manner and that environmental reviews are efficient and effective. See 23 U.S.C. ยง 101 note.Managing NEPA ComplianceThe proposed rule would designate the assistant secretary for transportation policy as the โ€œsenior agency officialโ€ responsible for implementing NEPA, establishing NEPA policy, and identifying the operating administration (OA) that will serve as the lead agency for all actions taken by the Department. In accordance with the CEQ definition of this position (40 CFR ยง 1508.1(dd)), the senior agency official may designate one OA to act as the lead agency and to prepare the environmental documentation on behalf of all OAs for certain actions, such as when a multimodal project receives funding from or requires approval by one or more OAs within the Department.