Several laws (including the Endangered Species Act (ESA), Fish and Wildlife Coordination Act, Magnuson-Stevens Fishery Conservation and Management Act, Migratory Bird Treaty Act and Marine Mammal Protection Act) require that all proposed actions with a federal nexus undergo assessment to determine the impacts projects have on fisheries and wildlife.
The Clean Air Act established National Ambient Air Quality Standards (NAAQS) for six priority pollutants to protect public health and the environment. Transportation conformity, as required by the CAA, ensures that Federally-funded or approved transportation plans, programs, and projects conform to the air quality objectives established in the State Implementation Plan (SIP).
Procedures for abatement of highway traffic noise and construction noise under 23 CFR 772 and MaineDOT’s Highway Traffic Noise Policy apply to MaineDOT Type I and Type II projects.
A major goal of NEPA is that state and federal transportation agencies develop a process that provides an opportunity for stakeholders and the public to actively participate in transportation decision-making. MaineDOT is required to consider and assess the social, natural, cultural, and economic impacts a project may have on a community. The overall goal is to gain meaningful input from stakeholders, the public, and interested parties. MaineDOT’s Public Involvement Plan and NEPA Public Involvement Plan guide projects through the public process.
The National Environmental Policy Act (NEPA) is a federal procedural law that establishes a national environmental policy. NEPA provides a framework for environmental planning and decision-making for projects that receive federal funds or require federal approvals. NEPA requires federal agencies (or states that have assumed responsibility under 23 U.S.C. 326 or 23 U.S.C. 327) when planning projects to conduct environmental reviews to consider the potential impacts on the environment by their proposed actions.
Section 6005(a) of the Safe Affordable Flexible Efficient Transportation Act (SAFETEA-LU) and updated by the Moving Ahead for Progress in the 21st Century Act (MAP-21) established a Surface Transportation Project Delivery Program that allows the Secretary of the United States Department of Transportation to assign, and a State to assume, the USDOT Secretary's responsibilities under the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
The National Environmental Policy Act (NEPA) is a federal procedural law that establishes a national environmental policy.
Section 101 of NEPA provides a national policy "to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans." 42 U.S.C. 4331(a).
This unit has a multidisciplinary staff that provides technical assistance to the department in erosion and sedimentation control, storm water management and other surface water concerns. The Unit is a primary contact for the public regarding concerns with storm water quality impacts of MaineDOT facilities.
The United States Fish & Wildlife Service (USFWS), Maine Department of Transportation (MaineDOT), Federal Highway Administration (FHWA), U.S. Army Corps of Engineers (USACE), and the Maine Turnpike Authority (MTA) set out to streamline the consultation process in 2013, aided by a $250,000 SHRP2 Eco-Logical Implementation Assistance grant from FHWA. The agencies collaborated under the Endangered Species Act through a process that expedites endangered species consultations and aims to meet both wildlife and project goals.
Prior to dismantling, Federal law requires MaineDOT and the Federal Highway Administration (FHWA) to first offer the historic bridge to any group that could legally take possession of the bridge and maintain it at a new location, provided the group assumes all future legal and financial liability. Costs to induce acceptance of the offer of donation may not exceed the cost to dismantle the bridge. FHWA, the Maine State Historic Preservation Officer and MaineDOT will work jointly to determine the most appropriate use of the existing bridges from any proposals received.