ODOT NEPA Manual

The contents of the ODOT NEPA Manual are being updated to reflect recent Presidential Executive Orders, U.S. Supreme Court opinions, changes to FHWA NEPA implementing procedures, the 2025 Programmatic Categorical Exclusion (PCE) Agreement between FHWA and ODOT, and other regulatory and policy updates. Be aware that recent changes to NEPA requirements are not fully reflected in the ODOT NEPA Manual. This version of the manual is being hosted on this website to support ongoing NEPA work while updates are in progress. At a minimum, users should be familiar with changes to FHWA NEPA requirements in 23 CFR 771 and the updated 2025 PCE Agreement. Please reach out to the ODOT NEPA Program if you have questions about how to use this manual.

NEPA Manual

411 - Scoping

This section addresses REC roles and responsibilities during the ODOT scoping process.

412 - Public Involvement and Agency Coordination

For FHWA Oregon Division Federal-Aid Project development, to ensure that the public is involved in transportation decisions and activities, the Oregon Department of Transportation (ODOT) engages with the public and seeks their input during the Planning and NEPA phases and throughout project development and into construction.

416 - Mapping

This section addresses mapping design and project data conventions for different types of maps used in NEPA documents.

417 - Re-Evaluations and Supplemental NEPA Documents

A re-evaluation is a review conducted by ODOT and FHWA1 to determine whether an approved NEPA document or decision remains valid for decision-making.

418 - NEPA for Preliminary and Advanced Investigations

ODOT often conducts geotechnical and other environmental investigations prior to or early in a project’s design phase to provide timely and appropriate information to inform design decisions. When these investigations involve FHWA funding or are conducted for a project that involves FHWA funding or other FHWA nexus, the REC or EPM must consider how to apply the procedural requirements of NEPA and related laws and authorities, including the need for relevant environmental clearances, approvals, permits and/or regulatory coordination. This guidance details ODOT’s standardized process for documenting such considerations.

421 - Overview & Applicability

This section addresses ODOT requirements for processing and documenting Oregon Division Office Federal-Aid NEPA Categorical Exclusion (CE) projects. CE projects are actions which do not individually or cumulatively have a significant effect on the human environment (40 CFR 1508.4), and, as such, based on past experience with similar actions, do not involve significant environmental impacts.

423 - Programmatic Categorical Exclusions (PCEs)

Under the PCE Agreement, ODOT may assume FHWA responsibilities in classifying and approving a CE specifically listed in 23 CFR 771.117(c) and (d) if the project does not exceed the following impact thresholds (identified in Section IV.A.1.b of the PCE Agreement):

424 - Categorical Exclusions (CEs)

Projects that are not specifically listed in 23 CFR 771.117 (c) or (d) and/or CE actions that exceed the 2015 PCE Agreement impact thresholds must be individually reviewed and approved by FHWA. CEs are documented with the CE Closeout Document and any required/supporting attachments, including the Environmental Prospectus (EP) and a Standard ODOT Project Vicinity Map. This section includes detailed procedures and requirements for processing and completing CE documentation.

425 - FHWA NEPA Documentation for ER Program PCEs

The Emergency Relief (ER) Program provides funding for the repair or reconstruction of Federal-aid highways and roads on Federal lands that have suffered serious damage because of natural disasters or catastrophic failures from an external cause resulting in an emergency declaration by the Governor of the State or by the President. All repair projects under the ER Program must comply with NEPA and related laws and authorities. This guidance details ODOT’s standardized environmental review process and documentation for ER Program repair projects.

426 - Resource Guidance for PCE Approvals & CE Closeout Documents

Various resource and discipline analysis and documentation must be provided to address the resource/discipline categories identified in the PCE Approval and CE Closeout Documents. The purpose of the analysis and documentation is to summarize how environmental issues identified during scoping were considered, minimized, avoided, and/or resolved during project development; and, to demonstrate compliance with applicable environmental laws, regulations, and guidance

427 - Managing Documentation

This section includes instructions to RECs/Qualified ODOT Preparers for storing CE, PCE, and NGD documents within ProjectWise and for creating and populating sets with CE, PCE, or NGD project data and supporting documents.

455 - PCE /CE Communication Plan

The Programmatic Agreement Between The Federal Highway Administration, Oregon Division And The Oregon Department Of Transportation Regarding Approval Of Actions Classified As Categorical Exclusions For Federal-Aid Highway Projects (2015), discussed herein as the Programmatic CE (or PCE) Agreement, states that ODOT acts on behalf of FHWA Oregon Division to approve all PCE documents for projects using Federal-aid Highway Program funds, including those projects sponsored by local public agencies.