OFFICE OF THE GOVERNOR

STATE CAPITOL
MONTGOMERY, ALABAMA 36130

(334) 242-7100
FAX: (334) 242-0937

KAY IVEY

GOVERNOR
STATE OF ALABAMA
March 9, 2020
Chairman Mary B. Neumayr
Council on Environmental Quality
730 Jackson Place NW
Washington D.C. 20503
Dear Chairman Neumayr:

The National Environmental Policy Act (NEPA) was enacted 50 years ago to establish a national policy for
the environment, create the Council on Environmental Quality (CEQ), and develop the procedures for
applying that policy in reviewing proposed projects. In January 2020, the CEQ proposed a set of reforms to
the NEPA process, a process which has not been comprehensively updated since 1978.
What seems to be the leading problem is that an Environmental Impact Statement (EIS), part of the NEPA
review process, takes more than 4 years to complete on average and some larger projects can take much
longer. While bureaucratic delays have become the norm for many people in Washington, these delays can
have a severely negative economic impact on our state. As a result, we strongly support reforms that make
the federal review process more efficient, effective, concise, and timely.
The key proposed reforms are based on polices described in E.O. 13807 which details "One Federal
Decision." One Federal Decision was drafted to bring efficiencies to the federal review process. Applying
it to these prOposed reforms, the focus is to modernize, simplify, and accelerate the review process.
One of the biggest issues with the NEPA process has been the time it takes to complete. As such, CEQ
published a study in December 2018 which reviewed EISs from 2010-2017 and found that while the average
EIS took 4.5 years to complete, 25% took more than 6 years and another 25% took less than 2.2 years. To
address lengthy review processes, the proposed rule would place a presumptive two-year time-limit for
completion of an EIS and would place a one-year time limit for an initial EA. We believe that these are not
only reasonable, but also warranted given that this has been a problem for over 40 years.
Therefore, improving the process requires action to modernize, simplify, and accelerate the NEPA process
in a way that also promotes public involvement, increases transparency, and enhances state, local, and tribal
participation.
The 1-759 extension proposal is an example of the unsuccessful exhaustive effort to navigate the NEPA
process. The City of Gadsden (population approx. 36,000) sits on the Coosa River and throughout the 20th
Century developed around local industries including Goodyear Tire and Rubber Company and Republic
Steel. Several historic districts (13+) were identified to reflect how the town developed around these
industries.
In the late 1990s, Alabama Department of Transportation (ALDOT) engaged with the City of Gadsden to
study an extension of 1-759. The goals were to connect the major transportation routes (US-278, US-431),

 Chairrnan Neumayr
March 9, 2020
Page 2
to improve safety by grade-separating at the railroad crossing, to reduce congestion, and to eliminate cutthrough traffic in local neighborhoods and Gadsden State Community College (GSCC). After public
opposition to the initial design in 2001, ALDOT revised and developed a context-sensitive parkway design
that garnered full support from the local officials and the citizens. A Notice of Intent to prepare an EIS was
published in the Federal Register in 2004.
Over the next nine years, ALDOT developed and studied four parkway alternatives. However, none of the
four could completely avoid the historic Section 4(f) impacts, the public housing community, and Starnes
Park. One alternative was identified as the preferred with minimal 4(f) impacts, however an EIS could not
be finalized due to the inability to produce an acceptable avoidance alternative. After multiple attempts and
considerable coordination with the State Historic Preservation Office, City of Gadsden, and local entities,
ALDOT fully developed five avoidance alternatives, one of which was an elevated expressway constructed
in the median of an existing four-lane divided highway similar to mega projects seen in major urban areas,
such as Atlanta and Houston. After an exhaustive pursuit to find an avoidance alternative that did not
impact any 4(f) resources, one was ultimately found that avoided all 4(1) impacts; however, it did not meet
the purpose and need, would have disrupted community cohesion, and prevented future proposed growth in
the GSCC area.
In 2013, ALDOT made the decision not to advance the project due to the 4(f) constraints associated with
the project. For a short time, the City of Gadsden attempted to pursue the completion of the environmental
document but was also unsuccessful. The City's pursuit of completion of the project indicated the
importance of it to the City's economy. However, the mechanisms of the process (time, money, effort)
proved to have an opposite effect due to delays. This created a negative economic impact to the City of
Gadsden and ultimately the State of Alabama. This example, like many others, reiterates the need for
reforms to the NEPA review process, especially in the context of time restraints.
We appreciate your attention to these issues and the opportunity to share our recommendations.
If you would like to discuss further, please contact William Adams with ALDOT at
adamswi@dot.state.al.us
Sincerely,

Kay Ivey
vernor
261,t
ohn R. Cooper
Transportation Director