126.6 Future Considerations

Once an alternative is selected in the ROD issued for an EIS or the FONSI for an EA or when FHWA confirms a project's CE classification, the requirements of NEPA have been satisfied. However, a project may not be environmentally cleared at this point. Some issues may still need to be resolved, such as Section 404 permitting by the Corps of Engineers. The district needs to maintain contact with the Design Division to ensure that all environmental permits and clearances have been obtained.

Once a ROD or FONSI is approved, the environmental document has a shelf life of three years. This is not a problem if project development (detailed design, right of way acquisition, etc.) proceeds in a timely fashion even beyond three years. However, if the project is shelved for a number of years without any major project development or if detailed design results in changes to the selected alternative, the FHWA may require an environmental re-evaluation. The environmental re-evaluation updates the project scope and the environmental context of the proposed action. Its form may resemble a letter or an abbreviated EA, depending on the complexity and nature of the project changes. The reevaluation focuses on the changes in the project, its surroundings and impacts as well as any new issues identified since the ROD or FONSI was approved. FHWA may decide that a supplemental EIS or EA is not needed, or the FHWA may indicate that the EIS or EA process must be restarted and completed. The district, through the Design Division, will initiate the re-evaluation process.

The cultural resources evaluation for structures looks at those that are 50 years old or older at the time of the writing of the document. As project development may continue for several years, structures that were less than 50 years old in the document may be 50 years old or older at the time of right of way acquisition and will need to be re-evaluated for their significance. The district needs to maintain contact with the Design Division during the project development process.