How are Agencies Involved in the US 281 EIS?
Federal Lead Agency: The Federal Highway Administration is the U.S. Department of Transportation agency responsible for NEPA analysis, management of the SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Section 6002 process, (which requires that the lead agencies establish a plan for coordinating public and agency participation and comment during the environmental review process), and independent review of the EIS. FHWA will ensure that the project sponsors (TxDOT and the Alamo RMA) comply with all design and mitigation commitments in the Record of Decision (ROD) and that the EIS is appropriately supplemented if changes in the project become necessary.
Joint Lead Agencies: The Texas Department of Transportation (TxDOT), as project sponsor and direct recipient of SAFETEA-LU funds, is a joint lead agency. The “project sponsor” is defined as the agency or other entity, including any private or public-private entity, which seeks approval of the United States Department of Transportation for a highway project. TxDOT’s responsibilities mirror those of the Federal lead agency. The Alamo RMA is the project co-sponsor and implementation agency, primarily responsible for preparing environmental studies and the EIS document, and conducting required public involvement activities. The Joint Lead Agencies share in the responsibility to manage the SAFETEA-LU Section 6002 process, prepare the EIS, and provide opportunities for public and participating /cooperating agency involvement.
Cooperating Agencies: Federal, state, tribal, and local agencies having jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed project or project alternative are designated as cooperating agencies. Cooperating agencies are also “participating agencies” (agencies with an interest in the project), but have a higher degree of authority, responsibility, and involvement in the environmental review process than do participating agencies that are not also cooperating agencies. The U.S. Army Corps of Engineers, for example, is specifically responsible for the issuance of permits under Section 404 of the Clean Water Act.
Participating Agencies: All federal, state, tribal, regional or local governmental agencies that may have an interest in the project are invited to serve as participating agencies. The roles and responsibilities of these agencies include, but are not limited to:
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Participating in the NEPA process starting at the earliest possible time, especially with regard to the development of the need and purpose statement, project alternatives, methodologies, and the level of detail for the analysis of project alternatives.
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Identifying, as early as practicable, any issues of concern regarding the project’s potential environmental or socioeconomic impacts. Participating agencies also may participate in the issue resolution process.
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Participating in the scoping process. The scoping process will be designed so that agencies whose interest in the project comes to light as a result of initial scoping activities are invited to participate and still have an opportunity for involvement.
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Providing meaningful and timely input on unresolved issues
