US Department of Transportation

FHWA PlanWorks: Better Planning, Better Projects

US Department of Transportation

FHWA Planworks: Better Planning, Better Projects

ENV-13: Approve Final EIS and Record of Decision

Environmental Review/NEPA Merged with Permitting

Description:

A final EIS is approved that meets all legal requirements and addresses comments received on the Draft EIS. This should include a draft project-level conformity determination, if applicable.

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

To formally respond to public and agency comments, approve the Final EIS, including commitments affecting permit conditions, and submit for regulatory approval.

Outcome

An approved Final EIS that meets all legal requirements.

Partner Role Type Description
MPO Observer Observes final NEPA document approval for consideration of impact to the LRTP, fiscal constraint, and air quality conformity.
FHWA/FTA Decision Maker Approves the final EIS as meeting all federal requirements. Makes project-level conformity determination.
State DOT Advisor Provides support for the final EIS as needed.
Resource Agency Decision Maker USACE approves a Final EIS that satisfies the USACE regulatory process in order to issue a Section 404 permit.

Other resource agencies advise the approval of a Final EIS that fully represents the process followed and agreement of all partners.

Pursuant to Section 309 of the Clean Air Act, USEPA reviews a Final EIS if a Draft EIS was given a rating of "Environmental Objections", "Environmentally Unsatisfactory", if the DEIS was inadequate, or if other changes or conditions warrant a detailed review. If the action agency is unresponsive to EPA's comments, EPA can refer the matter to the Council on Environmental Quality. A project cannot proceed until a referral is resolved.
Public Transportation Operator(s) Advisor Provides support for the final EIS as needed.

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
  • How were comments received from partners addressed in the FEIS?
  • Does the ROD address any comments received from partners for the FEIS?
  • Is the document legally sufficient; including sufficient justification for the preferred and eliminated alternatives?
  • Does the ROD describe the preferred alternative, summarize public comment, and describe mitigation?
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
  • Has feedback from a diverse set of community stakeholders been gathered?
  • Has as adequate response to been made to any comments, criticisms, and objections received in response to the draft EIS?
  • How are agreements to avoid and minimize the negative impacts of the LEDPA to be reported?
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
  • Have specific data, relationships, and decisions in the FEIS impacted the regional ecological framework, if applicable?
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
  • Have relevant stakeholders been notified of the final outcome?
  • How were stakeholder comments addressed in the FEIS?
  • Does the Record of Decision (ROD) identify and address any comments received from stakeholders after the FEIS?
Transportation Conformity
  • Does the project conform?
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
  • Description of the preferred alternative
  • Mitigation plans and other commitments
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.
  • This Key Decision is not associated with the Application.
Human Environment and Communities
  • This Key Decision is not associated with the Application.
  • Comments on the Draft EIS
  • Agreements to avoid and minimize impacts
Land Use
  • This Key Decision is not associated with the Application.
  • 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
  • Potential impacts to the regional ecological framework, as appropriate
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
  • Input received from stakeholders for FEIS
  • Summary of public comments
Transportation Conformity
  • LRTP conformity analysis for comparison to project alternative
  • Final EIS
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.