Streamlining project delivery through NEPA Assignment

By assuming ownership of the environmental review process, state DOTs can enhance schedule certainty and accelerate project delivery

By Carlos Swonke and Jason Watts | HNTB

As state departments of transportation (DOT) seek ways to deliver infrastructure projects more efficiently, some are evaluating the opportunity to assume full responsibility for the National Environmental Policy Act (NEPA) review process through NEPA Assignment.

NEPA Assignment allows state DOTs to take over the Federal Highway Administration’s (FHWA) role in carrying out environmental reviews and approvals required under NEPA and related federal laws.

Obtaining NEPA Assignment means:

• The state DOT becomes responsible for approving environmental documents like Categorical Exclusions (CEs), Environmental Assessments (EAs) and Environmental Impact Statements (EISs) for federally funded highway projects.
• The state DOT must comply with all federal environmental requirements and is legally accountable for its decisions, including defending them in court if challenged.
• To qualify, the state DOT must demonstrate sufficient staff expertise, documented processes, sufficient resources to carry-out the responsibilities and provide a waiver of sovereign immunity for the NEPA decision-making responsibilities it is seeking.

Managing environmental compliance

Eight states have already implemented NEPA Assignment, reporting faster delivery and improved schedule certainty while upholding rigorous environmental standards. When supported by strong investments in staff, procedures and systems, this tool represents a proven opportunity for DOTs to elevate the performance of environmental programs.

Benefits that states have realized through NEPA Assignment include:

• Accelerated decision-making: Keeping decision-making within the DOT can reduce handoffs, expedite approvals and ultimately streamline the environmental review process. This agility can enable DOTs to respond quickly to evolving project needs and keep critical initiatives moving forward.
• Improved project schedule certainty: With environmental reviews managed and approved internally, DOTs can establish timelines that align with broader organizational goals and reprioritize projects as needed. Direct engagement with federal regulatory agencies under the NEPA Assignment framework facilitates communication with those agencies.
• Modernized environmental programs: To manage comprehensive environmental compliance programs, DOTs often standardize procedures across regions, invest in additional environmental review and compliance support and implement digital tools to manage reviews and track decisions. These investments can ensure compliance while strengthening environmental programs statewide.

Considerations for NEPA Assignment

The transition to NEPA Assignment requires thorough preparation. Key considerations to ensure environmental reviews are carried out at a high standard of compliance include:

• Robust staffing and expertise: To meet the responsibility of managing and approving environmental reviews internally, DOTs should consider their expertise across disciplines such as biology, cultural resources, air quality, noise, traffic and public involvement. This expertise ensures compliance reviews are timely and accurate.
• Documented procedures and compliance tracking: Ensuring consistent decision-making requires clear guidance and strong documentation practices. DOTs can achieve this by formalizing written procedures for how NEPA decisions are made, implementing robust recordkeeping systems to support audits and legal defense.
• Strong organizational alignment: Successful programs depend on support from across the organization. Rolling out a comprehensive communications and training strategy ensures staff have clearly defined roles, follow consistent processes and deliver high-quality environmental documents statewide. Buy-in across the organization is key to success.