Frequently Asked Questions

Consultation

• Q: Who needs to be consulted?

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  The regulation states "The... plan shall be developed in consultation with State, Tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation and historic preservation" This includes but is not limited to:

  • State wildlife agencies
  • State environmental protection agencies
  • State departments of natural resources
  • State parks and recreation departments
  • State water quality
  • State historic preservation office
  • Tribal agencies
  • Local watershed agencies
  • Local parks and recreation departments

  Not specifically mentioned in the law, but the following federal agencies should also be involved in Section 6001 consultations:

  • U.S. Fish and Wildlife Service
  • U.S. Forest Service
  • U.S. Army Corps of Engineers
  • U.S. Park Service
  • U.S. Environmental Protection Agency
  • Bureau of Land Management
  • Military installations with large land holdings

  
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• Q: Does the consultation have to include every one of these agencies?

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  The regulation says each long-range transportation plan shall be developed “as appropriate” with these agencies.  Appropriate is a vague and relative term and will be interpreted in any number of ways.  However, transportation planners are unlikely to object to the productive involvement of any motivated agencies.

  
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• Q: How about NGOs?

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  Many non-governmental conservation organizations are doing phenomenal work in the field of conservation planning, data and mapping. (The Nature Conservancy, NatureServe, Southern Rockies Ecosystem Project). As such, they have a great deal to offer in the integration of conservation and transportation planning. Interested NGOs should contact their state and MPO planners and inquire about participation in Section 6001 consultations.

  Planners are not required to allow NGO participation and some may wish to limit participation or exclude NGOs altogether. If so, conservation NGOs should do the following:

  1. Send relevant information, data and maps directly to the planners and request a meeting or at least that your information be considered in the development of the long-range transportation plan.
  2. Meet with participating wildlife and resource agencies prior to the consultation and provide them with your relevant information. Discuss your concerns and give them your input. Since you’re all conservationists, they are likely to have the same concerns and will carry the message into the consultation.
  3. Fully utilize the public participation process. Long-range transportation plans generally go through a long public vetting with public meetings and official comment periods. Find out when, where and how to participate, mobilize your partners and be there to voice your concerns or support good ideas.

  
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• Q: Who should contact who? What if I am not contacted?

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  The responsibility for the Section 6001 consultation lies with the transportation planners. As part of their planning process, they must show that they have met all requirements, including Section 6001 consultations (as of July 2007). However, you don’t have to wait for their call. You could take the first step and contact your state and metropolitan transportation planners and initiate the process. For more information on where to find contact information for your transportation planners, go to your In Your State page.

  
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• Q: What does a typical consultation entail?

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  Because Section 6001 is still so new, we don’t yet know what is considered “typical.” According to the regulation, consultation means that “one or more parties confer with other identified parties in accordance with an established process and, prior to taking action(s), considers the views of the other parties and periodically informs them about action(s) taken.”

  • Consultations will likely be initiated by the transportation planners. Ideally, they will contact the necessary conservation professionals well in advance (1-3 months prior) to allow for maximum preparation and participation.
  • Initial communication could take place over e-mail, followed by conference calls.
  • Consultations could be conducted in one meeting or a series of meetings.
  • Planners may choose to meet with each participating agency separately or hold one large forum for all parties to meet at once.
  • To the extent possible, all participants should share relevant documents for review prior to the actual consultation. Plans – of all types – can be lengthy documents so consultation participants should show up familiar with each other’s plans and ready to discuss.

  See a sample consultation agenda.

  
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• Q: When and how often do consultations need to take place?

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  Consultations are required for all long-range transportation plans submitted after July 1, 2007. Long-range transportation plans cover a 20 year window, and most states update their plans every 5 to 6 years. However, an ongoing, consistent and cordial relationship among transportation planners and conservation professionals should be maintained at all times. Regular communication and informal updates can help prepare everyone for the official consultation.

  
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• Q: Were already working with our state DOT and/or MPO. What else do we need to do?

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  Most wildlife and natural resource agencies are currently working together with transportation officials in some capacity. However, you’re likely working at the end of the pipe (NEPA, environmental impact analysis) rather than at the beginning (system-level planning). Section 6001 gives you a seat at the table during the earliest stages of planning. Your input at this stage may help prevent future train wrecks when transportation and conservation collide.

  
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• Q: How does a Section 6001 consultation differ from a NEPA consultation?

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  Both types of consultations are required by law, but NEPA consultations are conducted for specific projects. Transportation plans are not subject to NEPA analysis. A Section 6001 consultation may not go into the level of detail that is necessary for a NEPA consultation and will not count towards NEPA compliance. However, if done well, a Section 6001 consultation can go a long way toward streamlining later NEPA analyses.

  
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Comparison

• Q: What counts as state conservation plans or natural resource inventories?

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  • State wildlife action plans
  • Natural heritage program databases
  • Habitat connectivity analyses
  • The Nature Conservancy (TNC) ecoregional assessments
  • Audubon’s Important Bird Areas
  • Conservation International’s Biodiversity Hotspots
  • Habitat conservation plans
  • Green infrastructure plans
  • Land use plans
  • Watershed plans
  • Special area management plans
  • Historic resource inventories

  
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• Q: What level of detail should I be prepared to share?

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  While conservation planning includes many different kinds of information, transportation planners generally need spatially specific information (i.e. maps) for their purposes.  They need to not only know which species and resources need protection; they need to know where they are.  Keep in mind that many long-range transportation plans are general, policy-level documents that don’t include specific projects.  Nevertheless, this is the best time to start thinking about how future projects will impact wildlife and natural resources.   

  
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• Q: What types of species are included? Does it cover plants? Does it cover natural communities or unoccupied habitat?

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  Since the regulations do not state specifically, Section 6001 consultations may include all species and ecosystems, to include plants and non-listed species.  States that depend on game species, agriculture or outdoor recreation for their livelihood should consider how future road building will negatively impact those resources and ultimately their economies.

  
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• Q: What are some examples of admissible plans or resources that should be considered?

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  Here are some good examples of conservation plans that would be very informative to the long-range transportation planning process:

  • Tennessee's State Wildlife Action Plan
  • Massachusetts’ Wildlife Action Plan
  • New Jersey’s Landscape Project: Critical area mapping for community land-use planning and imperiled species protection
  • Maine’s Beginning with Habitat: Beginning with Habitat is a habitat-based landscape approach to assessing wildlife and plant conservation needs and opportunities. The goal of the program is to maintain sufficient habitat to support all native plant and animal species currently breeding in Maine by providing each Maine town with a collection of maps and accompanying information depicting and describing various habitats of statewide and national significance found in the town. These maps provide communities with information that can help guide conservation of valuable habitats.
  • Linking Colorado's Landscapes: The Southern Rockies Ecosystem Project, in collaboration with Colorado DOT, FHWA and The Nature Conservancy and Colorado State University, developed a statewide assessment of wildlife linkages. By identifying and prioritizing wildlife linkages across the state of Colorado, the final product provides transportation planners, state and federal agencies, community leaders, engineers, and conservationists with a statewide vision for reconnecting habitats that are vital for maintaining healthy populations of native species.

  
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• Q: What if our plan doesn't include maps or inventories?

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  Transportation planners need spatially explicit information.  Even if your conservation plan does not include data or maps, your agency likely has them.  Perhaps your agency didn’t include them in the plan due to concerns about land ownership and privacy concerns.  The Section 6001 consultation process is a good opportunity to use them to protect the resources identified in those maps.  If your agency doesn’t produce or provide maps or inventories, your input is still relevant. 

  
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Mitigation Discussion

• Q: Isn't it too early for mitigation during planning?

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  It’s never too early to think about mitigation!  If future road projects will have impacts on remaining resources, there is no better time than the present to think about how to avoid, minimize and mitigate those impacts.  Even if a long-range transportation plan doesn’t list specific projects, planners likely know where new highways may be built and where existing highway corridors are being studied for expansion.  Likewise, as conservation professionals, you know where the most sensitive and vulnerable areas and natural resources are located.  If you can identify these areas early enough in the process, transportation planners may be able to avoid destructive projects in those areas or steer mitigation dollars to protect them.

  
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• Q: What is meant by a "discussion?"

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  There is no legal definition for discussion but the regulations clearly state that the discussion must be developed as part of the consultation. Because this is all so new, the concept of “discussion” is likely to evolve with the overall Section 6001 consultation process.

  At a minimum, the Section 6001 consultation should include a candid conversation about future projects and the impacts they will have on wildlife and natural areas. Conservation and land management agency staff should use data and maps to identify for transportation planners where potential conflicts may arise. First and foremost, these areas should be avoided and impacts therein should be minimized.

  For those impacts that are determined to be absolutely unavoidable, consultation participants can suggest mitigation areas and activities as required by the regulation: “…potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the long-range statewide transportation plan.”

  Using the maps in combination with prioritized conservation goals, participants can “match” potential impacts with potential mitigation areas and/or activities.

  The final long-range transportation plan should reflect that conversation by including:

  • A list of the potential conflict areas
  • A map of the potential conflict areas
  • Suggestions for avoiding or minimizing impacts within conflict areas
  • A list of potential mitigation areas
  • A list of potential mitigation actions
  • A map of potential mitigation areas

  
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General

• Q: Where do I find the time and resources to be involved?

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  State and federal wildlife and natural resource agencies are terribly underfunded and overworked. Staff barely have time to meet their own mandates, let alone find time to assist other agencies with theirs. Defenders of Wildlife and other conservation advocates are working diligently to change that by asking Congress and governors to increase funding and support. Until then, conservation professionals may have to make some difficult trade-offs to effectively participate in Section 6001 consultations.

  The 2005 highway bill also included a provision under Section 6002 that provides for reimbursement to “affected agencies.” Your state transportation agency may provide federal funding to state or federal agencies for:
  
  • transportation planning activities that precede the initiation of the environmental review process
  • training of agency personnel
  • information gathering and mapping
  • the development of programmatic agreements
  • participating in the environmental review process
  • support activities by that agency or tribe that directly and meaningfully contributes to expediting and improving the planning and delivery of transportation projects
  
  The available funding can be used for everything from reimbursing conservation agencies for time and expenses incurred for transportation related meetings to sponsoring one or more full time employees at conservation agencies. As of 2005, there were 275 DOT-funded positions in 34 states spread out among state environmental protection agencies, DNRs, historic preservation offices, Corps of Engineers and others. Read the 2005 report on DOT-funded positions.

  If you do not currently have a transportation-supported liaison in your agency but would like to take advantage of this opportunity, consider asking for one.

  
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• Q: What would happen if the transportation agency fails to complete a Section 6001 consultation?

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  If a long-range transportation plan is developed without an adequate Section 6001 consultation, the FHWA may choose not to approve the plan.

  
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