In a note published in the August ELR (On the Road Again: Certification Acceptance Forces NEPA to Adapt, 4 ELR 50023), Jeff Morgenthaler of ELR was sharply critical of the Federal Highway Administration for its recently promulgated "certification acceptance" procedures. In the following Article, David E. Wells, Chief Counsel of the FHWA, and Stanley Abramson, Attorney Advisor in the Office of the Chief Counsel, analyze the purposes and potential of certification acceptance in a strongly positive light. This Article should not be construed as a rebuttal to Mr. Morgenthaler, as the authors did not have the opportunity to read his article at the time they were preparing their Article.

"It is clear that hundreds of Federal categorical grants burdened by red tape have weakened State and local capacity to govern, have blunted the effectiveness of programs and increased the cost and time of response to the public needs." Caspar W. Weinberger, Director, Federal Assistance Review, Report to the President, January, 1973