I want to recall for a moment the great work of my predecessor Senator John Chafee who along with Senator Warner and other members of this committee passed TEA-21 in 1998. TEA-21 is landmark legislation in two important ways. First, it marked a 40% increase in transportation funds with guaranteed revenues. Second, it gave much needed flexibility to states in meeting their transportation needs. Yet we are facing increasing congestion on the nations highways and a growing need for more transportation choices, especially in our fastest growing areas. This is good reason to eliminate unnecessary delays that waste time and millions of taxpayer dollars.
I was directly involved in the development of the environmental streamlining provisions of TEA-21, in partnership with my colleagues Senators Wyden and Graham. The implementation of these provisions remains a top priority for me as Chairman of the Committee.
Last year Senator Voinovichs transportation and infrastructure subcommittee had several hearings on TEA-21 implementation, including the environmental streamlining issue. At that time, we heard from the administration on the execution of a Memorandum of Understanding between federal agencies to expedite the review process for highway and transit projects while reaffirming a commitment to the environment. While it took over a year from that time for the administration to publish the proposed regulations before us today, the transportation community has engaged in active dialogue on environmental streamlining.
In many areas, the results of such dialogue on a local and regional level are quite commendable. TEA-21 provides the statutory basis for making improvements to process and relationships and progress has been made, most notably in the northwest and the mid-atlantic regions, and in my own state of New Hampshire. The federal highway administration has taken an appropriate role in information sharing and encouraging best practices. The ideal vision for transportation planning is one that meets the needs of all stakeholders, and takes environmental concerns into consideration early, with no hidden agendas in the process and no duplication of effort. In reaching this vision, we cannot expect federal mandates to impose a solution for what is ultimately up to the stakeholders in a particular region to work out.
In its role as regulators the administration has crafted an umbrella of consultation, data gathering and planning that goes well beyond the process refinements contemplated in TEA-21. I am sure the administration has had advice from competing interests on these issues. Well, it is certainly difficult to find a middle ground, but what we have before us today is not the best solution.
The environmental streamlining provision called for concurrent reviews, cooperatively determined time periods for review, and a formal dispute resolution process between federal agencies. I know that the laws and regulations involved are complex, but Congress charged the administration with establishing a coordinated environmental review process for the purpose of reducing unnecessary delays. As proposed the regulations miss the mark. In TEA-21, Congress directed federal agencies to jointly develop and establish time periods for review. The environmental streamlining section in these regulations directs the lead federal agency to identify and distribute a process schedule. When the result should be to reduce delays, the regulations just asks that agencies confess the delays.
The final regulations must not frustrate the intent of TEA-21 for efficient project development that is still protective of the environment. We all want early and continuous involvement, but flexibility must remain for each state to build their own working relationships to make that happen. Today we have an opportunity to hear how the final regulations can achieve greater flexibility and less rigid mandates. I know the witnesses will have detailed testimony on particular areas for improvements. I hope the administration is prepared to take a serious look at the comments and take the time necessary to revise these regulations.