Common use of One Shared Analysis Clause in Contracts

One Shared Analysis. ‌ CDOT, USFS, BLM, and FHWA agree to use one shared analysis as the common ground for developing NEPA documents. In order to accomplish one shared analysis, agency staff will coordinate early to determine the scope of environmental analyses likely to be required for agency approvals. The goal then is to complete and document potential social, economic and environmental impact analyses for all highway-related decisions required by all signatory agencies. FHWA has authority on NEPA decisions related to FHWA funding or actions in an existing or proposed HED. In general, CDOT has authority on environmental and engineering decisions for transportation projects or activities in the HED, or where such a HED is in process, that do not involve federal funds. Decisions outside of an existing HED or that won’t result from an FHWA action are under the authority of the land management agency. The one shared analysis approach will apply to NEPA and other applicable environmental laws. For example, consultation may be required to comply with Section 7 of the Endangered Species Act (ESA) for an FHWA action on a federal land. This analysis approach would inform FHWA’s decision to proceed and the associated decisions by the land management agencies to authorize temporary occupancy, execute a USFS or BLM management plan amendment, or issue a NEPA decision. The shared analysis then forms the basis of any required environmental documentation (e.g., NEPA, ESA, National Historic Preservation Act [NHPA], etc.). Table 1. Examples of Possible Decisions and the Typical NEPA Documentation Required by Agencies Action FHWA/CDOT USFS BLM CDOT minor construction or maintenance activities within existing HED Typically CE No NEPA action, coordination only No NEPA action, coordination only Temporary authorization outside ROW (SUP or ROW Grant) Typically CE Typically CE. USFS decision tiered to FHWA/CDOT NEPA. SUP issued. Typically EA or CE if less than three years (CE if determined minimal impact) Permanent easement/land appropriation Typically CE No decision required, therefore, no NEPA. Typically EA Mineral materials sale N/A Typically CE or EA. USFS decision tiered to FHWA/CDOT NEPA Mineral Material Permit issued. Typically XX Xxxx-term disposal or storage sites N/A (Part of project NEPA clearance) Typically CE or EA. USFS decision tiered to FHWA/CDOT NEPA. SUP issued. Typically EA Associated amendment to land management plans N/A Typically EA Typically EA New construction on new alignment EA/EIS Cooperating Agency on FHWA/CDOT EA/EIS. EA/EIS BLM=Bureau of Land Management, CDOT=Colorado Department of Transportation, CE=Categorical Exclusion, EA=Environmental Assessment, EIS=Environmental Impact Statement, FHWA=Federal Highway Administration, HED=Highway Easement Deed, N/A=Not Applicable, NEPA=National Environmental Policy Act, ROW=Right-of-Way, SUP=Special Use Permit, USFS=US Forest Service Such a comprehensive analysis meets the intent of NEPA for better decisions and the intent of streamlining the process by ensuring effective cooperation early in the process, thereby avoiding late-arising issues and delays. The one shared analysis is consistent with the existing roles and responsibilities as defined by the CEQ regulations and outlined in this MOU.

One Shared Analysis. ‌ CDOT, USFS, BLM, and FHWA agree to use one shared analysis as the common ground for developing NEPA documents. In order to accomplish one shared analysis, agency staff will coordinate early to determine the scope of environmental analyses likely to be required for agency approvals. The goal then is to complete and document potential social, economic and environmental impact analyses for all highway-related decisions required by all signatory agencies. FHWA has authority on NEPA decisions related to FHWA funding or actions in an existing or proposed HED. In general, CDOT has authority on environmental and engineering decisions for transportation projects or activities in the HED, or where such a HED is in process, that do not involve federal funds. Decisions outside of an existing HED or that won’t will not result from an FHWA action are under the authority of the land management agency. The one shared analysis approach will apply to NEPA and other applicable environmental laws. For example, consultation may be required to comply with Section 7 of the Endangered Species Act (ESA) for an FHWA action on a federal land. This analysis approach would inform FHWA’s decision to proceed and the associated decisions by the land management agencies to authorize temporary occupancy, execute a USFS or BLM management plan amendment, or issue a NEPA decision. The shared analysis then forms the basis of any required environmental documentation (e.g., NEPA, ESA, National Historic Preservation Act [NHPA], etc.). Table 1. Examples of Possible Decisions and the Typical NEPA Documentation Required by Agencies Action FHWA/CDOT USFS BLM CDOT minor construction or maintenance activities within existing HED Typically CE No NEPA action, coordination only No NEPA action, coordination only Temporary authorization outside ROW (SUP or ROW Grant) Typically CE Typically CE. USFS decision tiered to FHWA/CDOT NEPA. SUP issued. Typically EA or CE if less than three years (CE if determined minimal impact) Permanent easement/land appropriation Typically CE No decision required, therefore, no NEPA. Typically EA Mineral materials sale N/A Typically Typically, CE or EA. USFS decision tiered to FHWA/CDOT NEPA Mineral Material Permit issued. Typically XX Xxxx-term disposal or storage sites N/A (Part of project NEPA clearance) Typically Typically, CE or EA. USFS decision tiered to FHWA/CDOT NEPA. SUP issued. Typically EA Associated amendment to land management plans N/A Typically EA Typically EA New construction on new alignment EA/EIS Cooperating Agency on FHWA/CDOT EA/EIS. EA/EIS BLM=Bureau of Land Management, CDOT=Colorado Department of Transportation, CE=Categorical Exclusion, EA=Environmental Assessment, EIS=Environmental Impact Statement, FHWA=Federal Highway Administration, HED=Highway Easement Deed, N/A=Not Applicable, NEPA=National Environmental Policy Act, ROW=Right-of-Way, SUP=Special Use Permit, USFS=US Forest Service Such a comprehensive analysis meets the intent of NEPA for better decisions and the intent of streamlining the process by ensuring effective cooperation early in the process, thereby avoiding late-arising issues and delays. The one one-shared analysis is consistent with the existing roles and responsibilities as defined by the CEQ regulations and outlined in this MOU.