The member firms of the VS Transportation Construction Alliance (VTCA) are in support of the VA Department of Transportation's (VDOT) application for the Surface Transportation Project Delivery Program prescribed in 23 U.S.C. 327, referred to as Program Assignment or NEPA Assignment.

Program Assignment will bring great benefit to VDOT and the citizens of VA.  The program will allow VDOT to consolidate and balance federal and state requirements in environmental review process, creating a more transparent and understandable process for the public.  The program also will allow VDOT to bring VA specific solutions to the unique environment in VA, while maintaining its goal of keeping VA moving with projects that are on-time and on-budget.  FHWA staff will remain in place as technical advisors to VDOT and conduct required audits and reviews of VDOT's program.

The concept enjoys wide support from our diverse construction and engineering industry partners who been updated on the process and have discussed this concept with other states who are already successfully managing NEAPA Assignment.

On behalf of the Chickahominy Indian Tribe, please see our comments:

• Adopting program assignment currently would endanger the consideration of historic preservation and Tribal impacts on transportation projects in the state.
• The Commonwealth should pause this program application until the ACHP regulations rulemaking is resolved.
• If Virginia moves forward with program assignment, they should pass a state law requiring equivalent historic preservation requirements for VDOT, to authorize VDOT to continue its current environmental and historic preservation review.
• If Virginia moves forward with program assignment, they should also pass state legislation to apply tribal consultaiton requirements to VDOT.
• Moving forward without state law protecting historic resources would tie Virginia's hands and create more controversies and public relations challenges for Virginia and VDOT. 

Regards,

Lenora Adkins

Director

Program Management and Compliance Office-PMCO

Chickahominy Indian Tribe

8200 Lott Cary Road

Providence Forge, VA 23140

C: (804) 661-0809

F: (804) 500-0874

Dear Secretary Duffy,

This letter is sent in support of the Virginia Department of Transportation’s (VDOT’s) application for the Surface Transportation Project Delivery Program prescribed in 23 U.S.C. 327, otherwise known as Program Assignment or NEPA Assignment.

Program Assignment will benefit Virginia localities by creating a more transparent and understandable process through the consolidation of federal and state requirements within VDOT. The program also will allow VDOT to efficiently bring Virginia-specific solutions to the unique needs of the localities of the Commonwealth, while maintaining its goal of delivering Virginians with projects that are on-time and on-budget. Virginians will continue to benefit from the expertise of Federal Highway Administration (FHWA) staff, who continue to serve as technical advisors to VDOT and to conduct required audits and reviews of VDOT’s program.

This delegation will assist our localities in advancing important infrastructure projects while ensuring we remain compliant with federal and state regulations. Our support is reflected in the unanimous support the concept received from Virginia’s General Assembly.

We support VDOT’s application and urge your agency to approve the final steps in delegating VDOT responsibilities under Program Assignment.

Sincerely,

Jessica Dennis

Deputy Director

Virginia Municipal League