US Department of Transportation

FHWA PlanWorks: Better Planning, Better Projects

US Department of Transportation

FHWA Planworks: Better Planning, Better Projects

ENV-11: Approve Final Jurisdictional Determination

Environmental Review/NEPA Merged with Permitting

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.

Purpose

Approve the final determination of the geographic jurisdiction of the Section 404 program and the applicability of the exemptions under Section 404(f) of the Clean Water Act.

Outcome

The jurisdictional determination is written agreement from USACE on the determination of wetlands, streams and navigable waters that are within the jurisdiction of the Clean Water Act. This mapped information will inform the avoidance and minimization for the LEDPA.

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.

Questions to Consider

Questions are a way to gather input from partners and stakeholders that can be used to inform the decision. Decision makers can discuss the questions provided to ensure a broad array of interests are considered to support a collaborative process. Questions also allow staff to collect stakeholder interests, ensure these are included in the decision, and provide a response based on the decision outcome. Although Public Transportation is not represented by a PlanWorks Application, the information provided may be useful in a collaborative transportation process.

Category Questions to Consider
Long Range Planning
  • No specific questions
Programming
  • No specific questions
Corridor Planning
  • No specific questions
Environmental Review
  • Has the information necessary to make a jurisdictional determination been provided?
Bicycles and Pedestrians
  • This Key Decision is not associated with the Application.
Capital Improvement
  • This Key Decision is not associated with the Application.
Economic Development
  • This Key Decision is not associated with the Application.
Freight
  • This Key Decision is not associated with the Application.
Greenhouse Gas Emissions
  • This Key Decision is not associated with the Application.
Health in Transportation
  • This Key Decision is not associated with the Application.
Human Environment and Communities
  • This Key Decision is not associated with the Application.
Land Use
  • This Key Decision is not associated with the Application.
Linking Planning and Operations
  • This Key Decision is not associated with the Application.
Natural Environment and Implementing Eco Logical
  • This Key Decision is not associated with the Application.
Performance Measures
  • This Key Decision is not associated with the Application.
Planning and Environment Linkages
  • This Key Decision is not associated with the Application.
Public Private Partnerships
  • This Key Decision is not associated with the Application.
Public Transportation
  • This Key Decision is not associated with the Application.
Safety
  • This Key Decision is not associated with the Application.
Stakeholder Collaboration
  • This Key Decision is not associated with the Application.
Transportation Conformity
  • This Key Decision is not associated with the Application.
Visioning and Transportation
  • This Key Decision is not associated with the Application.

Data

The following list of data may be needed to support the Key Decision. Practitioners collect this information for decision makers to consider. Although Public Transportation is not represented by a PlanWorks Application, the information provided may be useful in a collaborative transportation process.

Category Data to Consider
Long Range Planning
  • No specific data
Programming
  • No specific data
Corridor Planning
  • No specific data
Environmental Review
  • Comparison to the definition of waters of the United States
Bicycles and Pedestrians
  • This Key Decision is not associated with the Application.
Capital Improvement
  • This Key Decision is not associated with the Application.
Economic Development
  • This Key Decision is not associated with the Application.
Freight
  • This Key Decision is not associated with the Application.
Greenhouse Gas Emissions
  • This Key Decision is not associated with the Application.
Health in Transportation
  • This Key Decision is not associated with the Application.
Human Environment and Communities
  • This Key Decision is not associated with the Application.
Land Use
  • This Key Decision is not associated with the Application.
Linking Planning and Operations
  • This Key Decision is not associated with the Application.
Natural Environment and Implementing Eco Logical
  • This Key Decision is not associated with the Application.
Performance Measures
  • This Key Decision is not associated with the Application.
Planning and Environment Linkages
  • This Key Decision is not associated with the Application.
Public Private Partnerships
  • This Key Decision is not associated with the Application.
Public Transportation
  • This Key Decision is not associated with the Application.
Safety
  • This Key Decision is not associated with the Application.
Stakeholder Collaboration
  • This Key Decision is not associated with the Application.
Transportation Conformity
  • This Key Decision is not associated with the Application.
Visioning and Transportation
  • This Key Decision is not associated with the Application.

Examples

In - depth case studies of successful practices in collaborative decision making were used to develop the Decision Guide.Links in this table point to a specific paragraph or section of a case study that supports a Key Decision. It is not necessary to read through an entire case study to find the example; however, full versions are available in the Library.

PlanWorks Case Study Examples:
None.

Other Examples:
None.