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This chapter of the State Aid Manual provides guidance for the location, environmental and design study phases of project development to be used by local agencies and other approved organizations for local federal aid projects (not on trunk highways) in Minnesota.
All applicable federal, state, and local environmental regulations must be complied with on federal aid projects. Federal issues requiring compliance must be documented as described in this manual.
While State Aid projects, those not utilizing federal funds, must also comply with all applicable federal, state, and local regulations, responsibility for compliance rests entirely with the local unit of government. See Minnesota Rules Chapter 8820.3000 Subp. 2. State environmental regulations and documentation requirements are covered in Minnesota Rules Chapter 4410 Environmental Quality Board.
A. Background
1. NEPA
The National Environmental Policy Act of 1969 (NEPA) was the culmination of the increasing environmental awareness during the 1960s. NEPA established a national environmental policy and stated that it is the "continuous responsibility" of the federal government to "use all practicable means" to "assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings.”
NEPA mandated that federal agencies:
- Consider the potential environmental consequences of their proposals
- Evaluate the avoidance of potential impacts
- Document the analysis
- Make this information available to the public for comment prior to implementation.
2. FHWA
The Federal Highway Administration (FHWA) Minnesota Division Office is responsible and accountable for ensuring that the Federal Highway program in Minnesota is delivered consistent with established requirements. The FHWA-Mn/DOT Letter of Agreement and Stewardship Plan (PDF) outlines responsibilities and accountability for FHWA and Mn/DOT, as well as local agencies that choose to use federal funds on an approved project.
The FHWA project development process requires that transportation decisions be made in the best overall public interest, based upon a balanced consideration of:
- The need for safe and efficient transportation
- The social, economic, and environmental impacts of the project
- The national, state, and local environmental protection goals
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B. Legal Basis/Federal Requirements
The legislation and regulations that apply to federal aid projects are listed on the FHWA site, including but not limited to the following:
- Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
- Title 23, United States Code (U.S.C.), Highways
- Title 49, United States Code (U.S.C.), Transportation
- Title 23, Code of Federal Regulations (CFR), Highways
- Title 49, Code of Federal Regulations (CFR), Transportation
- FHWA Directives and Policy Memorandums
- Federal Aid Policy Guide
- FHWA Policy Memorandums
- FHWA Technical Advisories
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