Introduction

Widespread and efficient transportation of goods are essential for people to function in a modern society. Transportation projects affect all the species around them, not just humans, and must be planned and executed carefully to minimize their environmental impact.

Minimizing the environmental impact on vulnerable endangered species can involve collaboration among several government agencies — federal, state, and local. On the federal level, protection of endangered species during transportation projects primarily involves the U.S. Fish and Wildlife Service (FWS) and the Federal Highway Administration (FHWA).

Background

Under the Endangered Species Act (ESA), federal agencies must ensure that their activities are not likely to cause significant harm to endangered or threatened species or their habitats. Endangered species are those that are in danger of becoming extinct, and threatened species are those that are in danger of becoming endangered.

On land, the ESA is primarily administered by the FWS. Other federal laws, such as the Migratory Bird Treaty Act, protect specific species. Species of concern can be identified and protected at the state level as well.

FWS involvement in transportation planning

The overall role of the FWS in transportation planning is to encourage project designs that maximize human benefit while minimizing ecological impacts. This role includes:

• Providing ESA consultations,
• Finding and promoting ways to protect vulnerable species and natural areas,
• Finding and promoting ways to streamline the environmental review process,
• Disseminating information relevant to the intersection of transportation planning and environmental concerns,
• Promoting partnerships with governmental and non-governmental organizations, and
• Being involved in planning at the state and local levels.

The PEL approach

The FHWA encourages an approach to transportation decision-making known as Planning and Environment Linkages (PEL). The PEL approach focuses on interagency relationship building and integration of all goals and needs early in the planning process. This allows an array of community, economic, and environmental goals to be addressed from the start and the project shaped around them, and it provides data and analysis for environmental review.

The collaborative focus of the PEL approach not only prevents duplication of efforts among agencies, but it also allows the various permitting processes and NEPA environmental reviews required for a large-scale transportation project to be performed concurrently rather than consecutively. This increases efficiency and creates one cohesive flow of information, thus improving both the timeframes and the overall effectiveness of projects.

Applicable laws & regulations

23 CFR 771 – Environmental Impact and Related Procedures

23 CFR 774 - Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites

23 CFR 777 – Mitigation of Impacts to Wetlands and Natural Habitat

47 CFR 1.1307 – Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared

47 CFR 1.1311 – Environmental information to be included in the environmental assessment (EA)

Related definitions

“Endangered Species Act (ESA)” prohibits the import, export, or taking of fish and wildlife and plants that are listed as threatened or endangered species.

“National Environmental Policy Act (NEPA)” requires federal agencies to examine potential environmental effects before deciding on a course of action.

“Environmental assessment (EA)” under the NEPA is a public document that analyzes the potential environmental effects of a proposed course of action to aid in decision-making. It has two possible outcomes:

• The project is likely to have significant environmental impacts on the environment, and an “environmental impact statement” (EIS) must be prepared that details these impacts; or
• The project is unlikely to have significant environmental impacts, and a “finding of no significant impact” (FONSI) is issued.

Key to remember

Transportation projects must comply with the ESA and NEPA as well as transportation-specific regulations. This can be streamlined with the PEL approach, which provides a framework for balancing community, economic, and environmental concerns early in the planning process.

Real world example

In 1997, construction was about to begin on a highway project in Berks County, Pennsylvania, when the bog turtle was declared a federally threatened species. Populations of these turtles lived near part of the proposed construction. The FWS, concerned about potential danger to the turtles and their habitat, called for a review of the project.

First, a formal consultation under the ESA was conducted. For the process that followed, FWS and the Pennsylvania Department of Transportation, the Pennsylvania Fish and Boat Commission, and the US Army Corps of Engineers all coordinated their efforts.

An assessment was conducted that assessed the turtles’ habitat and needs, the potential impacts of the project, and how these impacts might be mitigated. Several changes to the project plan were made to balance the welfare of the turtles with the requirements of the highway project. These included:

• Modifying the design to change culverts into bridges,
• Scheduling construction with reference to the turtles’ hibernation period,
• Minimizing the activity planned near the turtle habitat,
• Adding barriers to keep turtles away from construction, and
• Instituting a turtle tagging and monitoring study.

Ultimately, the FWS issued a FONSI for the updated version of the project, and highway construction was able to proceed.