Sign Idaho Assignment of Partnership Interest Later

Document type sign assignment of partnership interest idaho later

good morning I'm Ken morphia the manager and environmental management office for the Department of Transportation here in the central office in Tallahassee I would first like to thank everyone for attending today's webinar we do have a record of everyone that registered we appreciate that if any of the folks that have registered have other folks in the room with you today listening to this we would appreciate an email to Peter McGill free who was the one to confirm your registration initially you can confirm other folks it might have been in the room so that will have a complete record who attended this webinar in Kenmore field with the Department of Transportation I'll be doing the majority of the webinar but I also have here with me is Buddy Cannell with FHWA Florida division again here in Tallahassee he will be presenting to you also and the webinar today is informational it is for us to to give you some insight in the FDA's application for NEPA assignment from the Department of Transportation the federal Department of Transportation through FHWA we we will be talking to you one way today we'll be offering one-on-one meetings with the folks that are on agencies that are on the webinar today I mentioned that again later on but you'll have the opportunity to ask us to to have a one-on-one to discuss more detail we'll be glad to do that in my my contact information will be up on the last slide you can go ahead and let us know that you would want one we do plan to contact the folks the agencies that are on the webinar to see if they would like one on one but if you know you want one go ahead and request one slides and the audio is being recorded for this particular webinar slides in the audio will be available on our website and again that website is on the last slide that you'll see today but it's basically going to the DFT ot website go into the environmental management office and click on the appropriate button but we we will have that available right after the you--even are today so we'll get going and that's all go to the first page the second page actually the first page is just general what is nee po assignment I do not plan on reading all of this stuff you'll have an opportunity to view the slides later but basically the map-21 bill that is the federal highway bill moving ahead for progress in the 21st century pretty much outlined the process that states can apply to the Department of Transportation for NEPA assignment that is not just for highways but for the transit you can go through the transit agent federal transit agencies etc but today we're talking about strictly asking for NEPA assignment by applications for the highway program through FHWA so the formal assignment of FHWA NEPA project decisions of what we're talking about project decisions only not program level B project level decisions that FHWA is currently responsible for but again we're asking for the NEPA assignment for all classes of actions categorical exclusions environmental assessments and environmental impact statement we would have to comply with all the federal environmental laws rules and orders just as we just as the federal highway does today under this program FDA key would be deemed to be FHWA the lead federal agency on all project level environmental what this entails is the ft of tea must prepare an application which we have that underway today we prepare an application and we're doing that in cooperation with our federal highway partners the Florida Division the application obviously will be and I have some timelines later on will be sent into to FHWA from that application once the application is accepted be the implementation document will be a memorandum of understanding which will be initially drafted by FDOT we work with our FHWA partners to work out any of the details and at some point the Memorandum of Understanding will be executed by FHWA Administrator up in DC for the department secretary Department of Transportation so obviously when it leaves Florida it will have hopefully the blessing of both Florida Department Transportation and FHWA division real quickly and fhwa able to touch on it a little bit later but FHWA does retain the following all of the engineering decisions are still FHWA kind of project level air quality comp reform determinations fortunately currently Florida is an attainment so this should not be an issue all government government tribal consultation will still occur through FHWA at USDOT response rate for statewide Metropolitan Planning remains with FHWA and USDOT new projects across state lines would not be covered by this agreement and FHWA does retain Stewart stewardship and oversight for this process and again the MOU that we execute will outline what the requirements are for review currently under statutes and in part of the MOU FHWA will be conducting two audits each year for the first three years and one audit that's the last two years which surmises its five-year program so once we get the MOU signed it's good for five years and then if it's going to be carried on we should we would have to renew it at the end of five years just give you a little background to show that Florida is not alone out there other states are in the process California was the pilot state initially they've had it for five years and they're currently in there a new mode with FHWA Texas just recently got there's the end of it was December timeframe of 2014 they just had their executed MOU you can see Utah and Ohio are pretty advanced in their application Ohio's is just coming out for the posted with the Federal Register and should be effective fairly soon Utah is posted there's again you can see Alaska Idaho and Florida are actively pursuing this uh NEPA assigns the program in Florida like I said basically we're requesting all FHWA project level responsibilities for highway projects project level in the state that is all requirements that for NEPA all eligible federal environmental laws and executive orders etc as part of 773 which means nothing to you probably but that's the implementing language will have to comply with all of that and again it's for all the different level classes P is EA CES and lat project local agency projects the projects that are using federal funds but are off the state highway system or that locals are conducting on the state highway system would go through the local agency process those would also be part of this NEPA assignment then also as we develop the application the MOU FDOT needs to make an evaluation to accept all projects no matter what stage they are in approval or that we leave some on the table with FHWA to continue on to come to completion that is part of the application and MOU process that we have to evaluate what are some of the benefits to Florida specifically Florida would be responsible to fade of its own projects we already are responsible for our own projects what this means is as of today projects that require federal signature Authority I'm using the EIS example where they may be signing the final document it goes up for review to FHWA their concerns have to be addressed in order to get the the signature on the documents they have to say so on whether they approve the changes in the documents under this one on project level documents it will be internal to the department it won't be going to FHWA we have to determine what is or isn't acceptable in the document and whether it complies with the federal NEPA and all the other environmental well so Florida would have the decision-making authority assuming FHWA s responsibilities for project level responsibilities now what this does not mean is any reduction in the environmental oversight and consideration so there will be no reduction environmental considerations we will still be doing a thorough state evaluation to comply with all state laws we will be doing a good evaluation making sure we're complying with all the federal laws and specifically the FHWA requirements and of course NEPA so the bottom line is there'll be a time and cost savings in the review process and for example of California is already saying they've save and they've saved an average of 11 years over the five years for their environmental or EIS documents Texas is projecting a 25% time savings by by having these decisions made internally as opposed to going through the federal review process so it eliminates one layer of governmental review it allows direct consultation between FDOT and federal regulatory agencies it consolidates all NEPA reviews under fhd FDOT it's going to give a more timely deliver of transportation projects to the citizens of Florida more efficient use of dfdl t staff and resources and of course the realize cost savings will be applied to the department transportations projects that are in the future just to give you an oversight for some of you that are on the phone a snapshot of how the department is organized we have seven districts in the Florida Turnpike a lot of folks may think that's a separate agency it is not it is part of the Department of Transportation it pretty much operates as a as a district upon itself but it reports to the secretary just like the other districts ASIMO the state environmental management office is located in Tallahassee under this process the single office in Tallahassee is a group that's assuming the role for FHWA in this NEPA assignment process the reviews and the approvals and the signature Authority will be residing in Tallahassee the districts will continue as they do today preparing the documents submitting for you for review to effort to FDOT as opposed to FHWA it will be through the CMO office so the district's responsibilities are pretty much remain the same there will be some changes as we as we'll mention a little bit later on how they document and record certain things but pretty much what they do and how they do it what's remain the same again one of the the things that the has to agree to is that under this we have to assume a legal responsibility and the liability that goes along with approving and signing these documents currently for example in EIF is signed by FHWA not FDOT if there is a challenge in a lawsuit filed in federal court FHWA is the defendant so to speak under this assignment so the state of Florida needs to take on that role also so that we can in fact will sign the documents and then if there is a challenge FDOT will be the defendant we have to submit which we've already filed a bill in the legislature to assume a limited waiver of sovereign immunity so that it basically allows the state to be sued for these actions only in federal court and we agree to be sued in federal court it's been filed and we've we've done our homework with the governor's office the house in the Senate so we believe that there will not be a problem there the Attorney General also has given the blessing on that the only nuance is we can draft the application which we anticipate having the draft done by the end of the year first of the year for review internally and by FHWA but the final application cannot be sent in until that bill has passed and we have an effective date out there then we can we can submit the application so but that's the one piece of information that is beyond FHWA and FG OTS control but it like I said it's been filed and we anticipate that going through without a problem and again I've already mentioned FHWA replaces FHWA as a lead federal agency for highway projects for project level decisions so the basic result in savings is from a more efficient review process not shortcutting an Engel processing going over a little bit more of what the role for the Department of Transportation will be of course internally will be responsible for the NEPA Simon programming management inside of the Department of Transportation in the oversight to make sure that in fact the MOU as signed in the requirements are being followed internally again I mentioned FHWA will be doing audits to making sure that the same thing is occurring from their review so the Department of Transportation will be responsible for for making sure that we comply that we respond and correct any audit findings that FHWA may find we we are responsible for documentation and records management as as I may have mentioned earlier we do have a documentation records management process today I'd say it's not as uniform as it needs to be and so we're in the process of updating and changing how the districts will document and store the records that we will need to show FHWA that we have complied with MOU and that they can report accordingly and that when we have the audits the documents will be easily able to be brought up in and be reviewed that also means that we will be updating our quality assurance and our quality control the quality control is still going to be in the districts and by the consultants they hire to do the processes we will be overseeing but the quality control and sampling through a QA process making sure the quality control is happening so we will be documenting documenting that in our application how we will be doing that I've already touched on legal legal today FHWA at the conclusion of near the conclusion of the process there's a legal sufficiency review to make sure that everything has been touched and legal it is satisfied with the document is there forth FHWA can sign it we will be doing the same legal see reviews internally with the Florida legal staff and that will be done prior to execution of whichever document is in question we'll also be supporting FHWA audits when FHWA the audit requirements already out there since I've done some in California and Texas we're aware of what the audits entail so we will once we're notified of the audits and what they're going to do and where they're going to go will will be responsible for setting up the appropriate districts the projects for review and/or staff that they would require to you to interview so we'll be supporting them on that we will not be conducting the audits we'll just be giving them the documents and in responding to any audit findings we also have to do training of staff up in the central office and the districts so they'll understand what is in the application what is in the signed MOU and that we will be updating all of our policies and procedures in our manuals these manuals and policies will do not have to be completed by the time we execute the MOU but they have to be updated in a six-month period after execution to comply with what was in the approved MOU so we'll be doing that also in any agreements that we have out there with review resource agencies that are on the call that referred to FHWA roll on a project level basis we'll also be updating those in the six months after the initiation or the effective date of the MOU and then over the time period just like FHWA does we'll get notice of any changes in federal or federal laws regulations anything comes out of Washington DoD FHWA we'll be getting those and then we'll be passing goes on to our districts to make sure that they comply and update our procedures accordingly now our responsibilities as I've outlined several times we must comply with the MOU the mou is going to last all the documents and laws and rules with NEPA National Environmental Policy Act that we have to comply with so by just saying we have to comply with MOU the MOU is going to reiterate all the loop raw laws rules regulations that we we do have to have to follow we will be reviewing and approval all the documents the type disease type 2s in Florida the type 1 CES are already in the districts they approve those and we just updated our programmatic agreement just recently with FHWA those will remain in the districts as they are today with the type to CES EAS and EISs world will in lap projects will be the central office again like I said we have to consent to being sued in federal court and we will have to defend those actions in in federal and federal courts how will this change the process the resource agencies you will be responding as you always have been with the districts on any particular issues any issues that you have been going on a project level to FHWA would be coordinated through FDOT at this point again the state environmental management ffice in Tallahassee will be acting as the FHWA to lead federal agency in this case and the issues will be through through that through our office here in Tallahassee and so the program fhw FDOT soda becomes responsible reliable for all of this decision again like I said for example of an EIS once the document is approved in the central office it will be signed by f do t not federal highway administration is that we have will be reflected again to change that FDOT is now the lead federal agency all federal agency and state requirements will be addressed just as its as it's always has them done with that I'm going to turn it over the next slide will be addressed by Buddy Kinnear with FHWA and then when she's done I will pick up on the next slide okay thank you Ken again I'm buddy Camille the environmental team lead with FHWA power division as Kim mentioned FHWA supports the NEPA assignment or NEPA assumption program and looking forward to working very closely with effort to make sure that this is a successful transition both in a development the application and in the MOU itself FHWA does retain as Ken mentioned stewardship and oversight responsibilities under federal law and that's for the entire federal highway program as well as for the NEPA process stewardship means basically an efficient and effective management of public funds that have been entrusted to FHWA and overshot the site would be defined as the act of ensuring that the federal highway program is delivered consistent with applicable laws rules regulations and policies and that's the compliance portion of stewardship there be a retains all NEPA policy in program responsibilities under this program by federal law in F dot is assigned as Ken mentioned project level decision making in NEPA compliance of responsibilities under this program all of which would be defined in the MOU that Ken talked about major change really in this program is that FHWA will no longer provide project level technical assistance to F dot or to any partnering agencies F dot has sole responsibility under this program at the project level for NEPA compliance and for project decision-making all questions that relate to the two projects or all project level decisions will be the responsibility of F dot by CMO or by the districts for them to answer and to address FHWA will not be able to respond to project level questions FHWA will be able to discuss higher level policy and program related questions and issues with the EPCOT in agencies and provide direct technical policy and program questions as well all FHWA technical assistance will be at the policy or program level to F dot in partnering agencies but not at the project level if there be a we'll provide training under various program elements of the assumption or assignment program in FHWA we'll also oversee the NEPA program annually as Ken mentioned by use of audits and we'll also work closely with F dot to accumulate data into report to Congress per federal regulations related to this program FHWA does intend to reach out to all federal and tribal partners to discuss these program initiatives of NEPA Simon and NEPA assumption in this Ken mentioned he is the point of contact for F dot and I'm the lead for federal highway in this program area it says F dot is preparing the NEPA application ten would like to have all questions and comments go through him and that's rightly so they should this gives one focal point for all comments however if you do have questions of FHWA regarding the program please feel free to give me a call in my telephone number is eight five zero five five three two two two four number that thank you very appreciate that on the next slide let's talk a little bit about he is he's readiness currently we're reviewing all EAS and EISs in in the central office we've been doing the ISS since 2008 in EA since 2012 so we've got a real good experience on on the documents it hasn't just been the district sending them directly to FHWA so we well aware of what some of the issues are and then for over 20 years the districts have been in completing the minor categorical exclusions that I know the sort of the type ones and we just recently renewed the programmatic agreement with FHWA for those and then all of that would fall under the NEPA assignment the MOU is executed we we are in the process of adding environmental and legal staff in the central office my particular office we're adding five positions to handle a workload and legal is looking at adding one attorney they already have two attorneys reviewing if they're looking at adding another attorney to handle the legal load we also have a team of subject matter experts or whether it be social environmental natural in our office and we're adding more as we speak we have consultant contracts in place to assist us in in any reviews or any documentation issues that we may have so we do have resources besides full time employees we have consultant contracts in place and we have established state procedures to meet local state and federal requirements already in place we do have relationships with you folks that are on the line today that these both federal and state we already have like I said Quality Assurance tracking reporting system but we are enhancing those to be more efficient and effective to handle the NEPA assignment and the the auditing requirements that FHWA has so our standard or our established record for tension program is being enhanced we've already established cross-functional teams statewide that we'll be looking at scoping scheduling and uniformly presenting the requirements for for developing our NEPA documents so we've already done that and in the process of event of doing that almost on a daily basis but certainly annually and when any particular environmental document is added to our work program this team takes a look at the scheduling and the scoping of that particular project and again like I mentioned earlier the district role remains pretty much unchanged but they will have to apply with some new documentation in retention issues and in assisting with the audits when the district when the FHWA comes to do their audits we've briefed our districts we briefed our executive management they're aware of this and we will continue to do that and we'll we will have a training sessions later on for all of the districts once the MOU has been signed and we have the actual document the world would be the implementing what are some of the next steps well let's go back a little bit our statement of interest which was required was submitted to FHWA on September 3rd we will be engaging the public and agencies to explain the program first of all this webinar is the first step in explaining the program to our agencies as part of the application process once the draft application is done we will be required in will advertising the for administrative register also once the application goes up to an MOU is developed goes up to FHWA it will be put into the Federal Register also and we will be responsible for logging in all the comments both through both of those efforts in addressing the comments as we received and so the application really identifies the scope of the assignment what we currently do and how we're currently organized what our current and proposed environmental review and procedures and tools entail so we've got to say how we're doing today what we're doing how we're organized then how we're going to revise the procedures and how we're going to by our organization that all has to be in the application and we have to outline what our roles and responsibilities are both state and federal how we're going to conduct the training and then again what what are the resources that we have to bear on this initiative I've already mentioned it again in the NEPA MOU will be made available in the Federal Register once it is completed little bit more detail on the schedule just to bring you up to speed of where we are again the statement of interest was submitted in you know we have by Li bi-weekly meetings with FDOT and the FHWA again that's twice a month we do have meetings to discuss where we are in the status of the application we just concluded I guess on November the third and fourth we had to have a NEPA assignment workshop which was required in the regulations of submitting application FHWA from Washington and FHWA Florida division came over we held a two-day workshop where everything was outlined on what the requirements are how FHWA will act during the application the MOU and the audits and then what is required of FDOT so we put that owl out on the table so everybody understood and so we've moved on from that meeting to this first webinar which is the coordination webinar that shows there as with today's date then I've already mentioned we will be conducting one-on-ones as each agency would like to have one of course those are be just be scheduled specifically with the particular agencies our intent is to have the initial draft completed at the end of this calendar year for some middle - FHWA for review during the month of January the one issue again that I mentioned is out of our control is the legislature passing our bill for the limited waiver of sovereign immunity of course they come to town mid-january and then we don't know when to build with pass we put in there 1:29 but that's the that's a day we don't control so we'll be completing the application the only thing that we cannot finalize to submit the application formally is that we have to have the bill passed and it has to have an effective date and then the AG has to certify that we do have the limited waiver of sovereign immunity that a G stands for Florida's Attorney General the Attorney General officer has to certify that our public records law is comparable to the federal the Freedom of Information Act which it goes beyond so that's not an issue we'll be able to get that from the Attorney General that will go into our application package and again like I said notice of public notice of the public public notice of the application in the FA R will be sometime in the September - I mean February to March timeframe depending on when that bill passes then we're looking at the final application again sometime in the March time frames and again hopefully once we submit the application and if you go to the next slide you can see that based on those dates we will start developing the draft MOU submitted to FHWA then we'll be negotiating with FHWA on the wording on that MOU and then hopefully by June July timeframe we will have the MOU ready for the middle - FHWA then it would be obviously once that's done it will be put into the Federal Register and then when that comes back we would address the comments the MOU would be sent out for signature looks like the latter part of next calendar year of course part of the MOU negotiation process is you can have the MOU effective on the date the parties assigned it the party signed it or you can have it effective 30 days 45 days after the parties have signed so that would be part of the process so it looks like if everything follows the current schedule and we get a law passed expeditiously out of the Florida Legislature looks like the effective date for this will be sometime in the first quarter of 2017 calendar year 2017 so while we were why will we succeed well basically we have an experienced environmental team both both within the FDOT full-time equivalent employees with our consultants FHWA is very experienced in this too we have an excellent training program we'll be revising the probe training program to get on what needs to be done to comply with new assignment our manuals and processes are already in place they will be updated to comply with whatever comes out of the MOU process we will be focusing on QA QC to make sure the process works again what we as central office and the ultimate FHWA dedicated staff now will be doing is we want to make sure that that we know of any issues and we get them corrected and have them under way to be corrected prior to in the artist so of course any new program that comes on board I would say once we get a time it's the first year we're going to add some bumps from the road that's expected but we we do plan to be on top of it and work with our federal partners as they do the independent artists to find and correct any deficiencies that are out there so we're working jointly with FHWA will be working jointly with you folks that are agencies that are on the line to make sure that this process works like I said we'll continue to improve and adapt as we go we'll be working in partnership with all of you on the phone or federal partners and we'll need to understand and address any concerns you may have so that gets back for our one-to-one meetings we'll be asking you if you would like one if you don't that's fine but we'll be always available to answer any questions that come up if you know you would like to have one on one please get in contact with us prior to us contacting you and begin any existing agreements we have out there with any new participating agencies will be updated after the MOU assigned we have basically a six months window to get those done we may be working on those prior to that because once we have a good idea of what would be in the MOU we can be working on the draft document so it's not that it can't be done before the before the MOU is executed there's we can't do it before the only go is executed but it doesn't have to be six months either if we've got it ready to do we can put it into words right after the MOU is executed so this also is really two conclusion of our presentation today again there's my contact information we'll leave that on the screen for you that is the last slide that's my current address that's my office phone number of my VOT email address and again this presentation both the slides and the audio portion will be on the website that you see there again that's just the DoD's normal website you click on the environmental management office and then you go to the neap assignment if you do it in steps if you can cut and paste that one or you can try to put it in and it should take you right to it so again I would like to thank you for being on the call today I'd like to thank buddy again for being here I think both FHWA and FDOT is excited about this opportunity I think it's good to do nothing but but benefit the citizens of Florida making sure that we got timely reviews and we have identified the issues we've mitigated them if they if they do go through the environmental process to be one of the project initiatives and that the intent again is no shortcuts we're going to be doing an outstanding job making sure that as FDOT is now the lead federal agency that we do an outstanding job and that the our mental process will be strengthened there will be no lessening of environmental process with that I'll conclude and again thank you very much and if you can send an email again Pete McGill free or if anyone that may be attending at your site that wasn't registered thank you and have a good good day