Description:

This decision is a required step in the Section 404 permitting process. It is not integrated with other phases of transportation decision making or other decision making processes. Note that this is an approval of the final jurisdictional determination (JD), but a preliminary JD is a useful technical decision made before ENV-9 (Approve Draft EIS with Conceptual Mitigation) that informs the avoidance and minimization of impacts. This is likely the earliest point in the environmental review process that enough information is available to make this final determination.

There is information developed in prior Key Decisions that informs this step.

Basics:

The first table describes the purpose and anticipated outcome of a Key Decision. If the decision is federally mandated, the purpose and outcome will relate to the legal intent.

The second table describes roles for key partners with legal decision making authority in the transportation process. The roles indicate the influence a partner can have on a decision, and show each partner where their input is most needed. For a full understanding of roles see the Partner Portal.

Partner	Role Type	Description
MPO	No Role	A decision-making partner has no interest in the Key Decision because the resulting action is outside the role/involvement of its agency.
FHWA/FTA	Observer	Observes the final jurisdictional determination by USACE.
State DOT	Decision Maker	Provides information necessary for USACE to make a jurisdictional determination.
Resource Agency	Decision Maker	USACE is a decision-maker, approving the jurisdictional determination. EPA has veto authority, but it is rarely exercised.
Public Transportation Operator(s)	Observer	Observes the final jurisdictional determination by USACE.