Environmental Considerations for a Proposed Tolled Highway Project

As federal dollars available for highway projects are tightened and as demand for more highway capacity continues to increase, transportation officials seek more innovative financing methods. One of the more common methods has been to toll new highway projects. Recently, tollways also have been considered for existing, free-access roadways, i.e., nontolled, infrastructure segments. Transportation planners must consider that this so-called “innovative” financing technique, i.e., the decision to toll existing and new roadways, is subject to provisions of the National Environmental Protection Act (NEPA). This renewed interest in tolling mandates that transportation planners revisit the requirements of NEPA, and in this context, its applicability to decisions to toll roads for financing of highway projects. NEPA requires that, prior to construction of a bridge or highway, the head of the federal agency that is committing funds to the project must evaluate the effect of the project on the human environment; the effect of the project on the habitat of an endangered species, which implicates provisions of the Endangered Species Act; the effect of the project on any historic properties in the vicinity of the project, which implicates provisions of the National Historic Preservation Act, and the effect of the project on minority or low-income-populations, called environmental justice, which implicates Title VI of the Civil Rights Act of 1964. In this paper, we analyze the requirements of NEPA as they relate to Title VI of the Civil Rights Act of 1964. The interrelation of the two acts now mandates that the transportation planner consider an environmental justice concept in planning for highway and bridge projects. The intent of this paper is to provide some guidance to transportation planners in light of the environmental justice issues implicated by Title VI of the Civil Rights Act of 1964 as they begin the planning stages for highway and bridge projects.