Don Young of Alaska, chair of the House Transportation and Infrastructure Committee, has drafted and widely disseminated a bill that would “streamline” surface transportation project environmental and historic impact reviews by state and federal agencies, essentially cutting the public out of the process.The bill does not mention public participation, but creates a rigid, inter-agency process to eliminate “delay.”

Environmental and transportation reform groups and urban advocates told Capitol Hill staffers they vociferously opposed the bill’s provisions and would seek to head it off before it gathers momentum.They predicted that a fight over the bill would re-polarize highway lobby and transportation reform groups who had been looking forward to a bipartisan, forward-looking renewal of the U.S. transportation funding law in 2003.

Washington insiders quoted in the March 9 edition of the National Journal say Young is seeking to put his stamp on the transportation job, after inheriting it from renowned pork-wielder Bud Shuster.He brings a reputation as a dogged partisan fighter from his recent post atop the House Natural Resources committee. The transportation committee has traditionally had a relatively bipartisan culture. Members from both sides of the aisle are likely to feel heat from constituents if Young tries to push the streamlining bill through. But staff has indicated he is looking for hearings as soon as April. 

Perhaps to presage the battle, Young has introduced the Airport Streamlining Approval Process Act, which, among other things, eliminates the USDOT secretary’s ability to take into account, when determining whether to approve an airport expansion project, “the interests of the community in or near which the project may be located” and whether those interests “have been given fair consideration.”

The environmental streamlining bill, called “Expediting Project Delivery to Improve Transportation and the Environment Act” (EXPEDITE), fundamentally shifts the balance of power from state DOTs and transit properties to federal transport agencies, making FHWA or FTA the lead sponsor and the final decisionmaker for all aspects of project delivery, from the determination of projects’ purpose and need, feasible and prudent alternatives, timelines for concurrent NEPA and permit reviews, the determination of preferred alternatives and the record of decision.State natural resource and historic preservation officers generally will have just 60 days to review projects.

One section of EXPEDITE makes state natural resource agencies adhere to rigid timelines for project review even if they don’t respond to FHWA’s invitation to “coordinate.” It curtails their rights to review the project according to state laws and regulations, and requires that provisions of such laws defer to the definitions, standards and purpose/need statements of the federal agencies.

The legislation represents a major step back from the environmental review process developed in the United States during the past 30 years.It should be viewed with alarm by environmental and historic preservation advocates in all fields, not just those concerned with transportation.

In 1997, when TEA-21 was being drafted, AASHTO and numerous other highway groups tried to push through offensive streamlining language, but groups around the nation successfully fought off most of the provisions. After Congress determined not to adopt most of the objectionable streamlining provisions offered in TEA-21, some revealing studies were undertaken as to the real cause of transportation project delay

Evidence from both FHWA and AASHTO studies show that delay in project delivery is most often due to lack of funding or low priority project (32.5% of delay), local controversy (16%), complex project/no reason given (13%), or to the complexity of the project in terms of environmental or historic preservation issues.

Washington Considers New TEA-21 "Environmental Streamlining" Rules 
(Sept. 11, 2000)

Senate Bill Preserves Environmental Review (March 6, 1998)

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