§139. Efficient environmental reviews for project decisionmaking and One Federal Decision
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Full Text
§139. Efficient environmental reviews for project decisionmaking and One Federal Decision
(a)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(6)
(7)
(A)
(i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project;
(iii) the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and
(iv)(I) the head of the lead agency has determined that an environmental impact statement is required; or
(II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.
(B)
(8)
(9)
(A)
(B)
(10)
(11)
(b)
(1)
(2)
(3)
(A)
(i) eliminate repetitive discussions of the same issues;
(ii) focus on the actual issues ripe for analyses at each level of review; and
(iii) are consistent with—
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) other applicable laws.
(B)
(i) promote transparency, including the transparency of—
(I) the analyses and data used in the environmental reviews;
(II) the treatment of any deferred issues raised by agencies or the public; and
(III) the temporal and spatial scales to be used to analyze issues under subclauses (I) and (II);
(ii) use accurate and timely information, including through establishment of—
(I) criteria for determining the general duration of the usefulness of the review; and
(II) a timeline for updating an out-of-date review;
(iii) describe—
(I) the relationship between any programmatic analysis and future tiered analysis; and
(II) the role of the public in the creation of future tiered analysis;
(iv) are available to other relevant Federal and State agencies, Indian tribes, and the public; and
(v) provide notice and public comment opportunities consistent with applicable requirements.
(c)
(1)
(A)
(B)
(2)
(3)
(4)
(5)
(6)
(A) to take such actions as are necessary and proper, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review process for the project;
(B) to prepare or ensure that any required environmental impact statement or other document required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law;
(C) to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies; and
(D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.
(7)
(A)
(i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and
(ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects.
(B)
(C)
(i) the results of the review under subparagraph (A); and
(ii) an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section.
(d)
(1)
(2)
(3)
(A) has no jurisdiction or authority with respect to the project;
(B) has no expertise or information relevant to the project; and
(C) does not intend to submit comments on the project.
(4)
(A)
(B)
(i) supports a proposed project; or
(ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
(5)
(6)
(7)
(A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and
(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
(8)
(A)
(B)
(i)
(ii)
(C)
(D)
(i) the project sponsor requests that agencies issue separate environmental documents;
(ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or
(iii) the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.
(9)
(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and
(B) use the process to address any environmental issues of concern to the agency.
(10)
(A)
(B)
(C)
(i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph;
(ii) the project sponsor requests that the permit or approval follow a different timeline; or
(iii) an extension would facilitate completion of the environmental review and authorization process of the major project.
(e)
(1)
(2)
(3)
(A) describes the determination of the Secretary—
(i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or
(ii) to decline the application, including an explanation of the reasons for that decision; or
(B) requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process.
(4)
(A)
(B)
(i)
(ii)
(I) approve the request;
(II) deny the request, with an explanation of the reasons for the denial; or
(III) require the submission of additional information.
(iii)
(5)
(A)
(B)
(i) to identify agencies and organizations that can provide information about natural, cultural, and historic resources;
(ii) to develop the information needed to determine the range of alternatives; and
(iii) to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.
(f)
(1)
(2)
(3)
(A) achieving a transportation objective identified in an applicable statewide or metropolitan transportation plan;
(B) supporting land use, economic development, or growth objectives established in applicable Federal, State, local, or tribal plans; and
(C) serving national defense, national security, or other national objectives, as established in Federal laws, plans, or policies.
(4)
(A)
(i) In general.—As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project.
(ii)
(iii)
(B)
(i)
(ii)
(I) to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or
(II) for the lead agency or a participating agency to fulfill the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.
(C)
(D)
(E)
(i)
(I) the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a "State environmental review process").
(ii)
(I) the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable;
(II) the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project;
(III) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment;
(IV) the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments;
(V) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and
(VI) the Federal lead agency determined—
(aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(bb) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.
(g)
(1)
(A)
(B)
(i)
(ii)
(I) the responsibilities of participating agencies under applicable laws;
(II) resources available to the cooperating agencies;
(III) overall size and complexity of the project;
(IV) the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project; and
(V) the sensitivity of the natural and historic resources that could be affected by the project.
(iii)
(I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or
(II) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.
(C)
(D)
(i)
(ii)
(I)
(II)
(E)
(i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and
(ii) the Secretary shall—
(I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and
(II) make the report under clause (i) publicly available on the internet.
(F)
(i) provided to all participating agencies and to the State transportation department of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and
(ii) made available to the public.
(2)
(A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such document, unless—
(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless—
(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(3)
(A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
(4)
(h)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(6)
(A)
(i)
(ii)
(I) delay completion of the environmental review process; or
(II) result in denial of any approvals required for the project under applicable laws.
(iii)
(iv)
(v)
(vi)
(B)
(i)
(ii)
(C)
(i)
(I)
(II)
(ii)
(7)
(A)
(B)
(i)
(I) $20,000 for any project for which an annual financial plan is required under subsection (h) or (i) of section 106; or
(II) $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement.
(ii)
(I) the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B);
(II) if no schedule exists, the later of—
(aa) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and
(bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(III) a modified date in accordance with subsection (g)(1)(D).
(C)
(i)
(ii)
(D)
(i) the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or
(ii) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application.
(E)
(F)
(i) conduct an audit to assess compliance with the requirements of this paragraph; and
(ii) not later than 120 days after the end of the fiscal year during which the rescission occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources.
(G)
(8)
(A) adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and
(B) the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, not less frequently than once every 120 days after the date of enactment of the MAP–21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
(i) Projects and activities required to prepare an annual financial plan under section 106(i).
(ii) A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.
(i)
(j)
(1)
(A)
(B)
(2)
(3)
(4)
(5)
(6)
(k)
(1)
(2)
(3)
(A) any practice of seeking, considering, or responding to public comment; or
(B) any power, jurisdiction, responsibility, or authority that a Federal, State, or local government agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to projects, plans, or programs.
(l)
(1)
(2)
(m)
(1)
(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision.
(2)
(A) providing additional staff, training, and expertise;
(B) facilitating interagency coordination;
(C) promoting more efficient collaboration; and
(D) supplying specialized onsite assistance.
(3)
(A)
(B)
(i)
(ii)
(I) comply with all applicable laws;
(II) require the concurrence of the Council on Environmental Quality and each participating agency for the project with the State in which the project is located or the project sponsor, as applicable; and
(III) reflect any new information that becomes available and any changes in circumstances that may result in new significant impacts that could affect the timeline for completion of any permit, approval, review, or study required for the covered project.
(4)
(5)
(A)
(B)
(n)
(1)
(A) cite the sources, authorities, and reasons that support the position of the agency; and
(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(2)
(A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(3)
(A)
(B)
(o)
(1)
(A) use the searchable Internet website maintained under section 41003(b) of the FAST Act—
(i) to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, State, or local approval required for those projects; and
(ii) to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and
(B) issue reporting standards to meet the requirements of subparagraph (A).
(2)
(A)
(B)
(3)
(p)
(1)
(2)
(A) the environmental review process for the major project, including the project schedule;
(B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and
(C) the time taken to complete the environmental review process.
(q)
(1)
(A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies;
(B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and
(C) provide to each agency described in paragraph (2)—
(i) a list of the categorical exclusions identified under subparagraph (A); and
(ii) the documentation and substantiating information under subparagraph (B).
(2)
(A) the Department of the Interior;
(B) the Department of the Army;
(C) the Department of Commerce;
(D) the Department of Agriculture;
(E) the Department of Energy;
(F) the Department of Defense; and
(G) any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary.
(3)
(A)
(B)
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(3)–(5), (7)(A)(i), (b)(1), (3)(A)(iii)(I), (c)(2), (3), (6)(B), (d)(7)(A), (8)(A), (D)(ii), (f)(4)(B)(ii)(II), (E)(i)(I), (ii)(II), (VI)(aa), (h)(7)(B)(ii)(II)(bb), (8), (k)(2), (m)(1)(A), (n)(1), and (o)(1)(A)(i), (3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (c)(7)(C) and (q)(1), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
The date of enactment of the MAP–21, referred to in subsec. (h)(8)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
Section 204 of this title, referred to in subsec. (j)(3), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489.
The date of enactment of this subsection, referred to in subsec. (o)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Section 41003(b) of the FAST Act, referred to in subsec. (o)(1)(A), is section 41003(b) of Pub. L. 114–94, known as the FAST Act and also known as the Fixing America's Surface Transportation Act, which is classified to section 4370m–2(b) of Title 42, The Public Health and Welfare.
Codification
Section 6002(a) of Pub. L. 109–59, which directed that this section be inserted after section 138 of subchapter I of chapter 1 of this title, was executed by adding this section after section 138 of chapter 1 of this title, to reflect the probable intent of Congress and the amendment by Pub. L. 109–59, §1602(b)(6)(A), which struck out the subchapter I heading preceding section 101 of this title.
Prior Provisions
A prior section 139, added Pub. L. 90–495, §16(a), Aug. 23, 1968, 82 Stat. 823; amended Pub. L. 91–605, title I, §§106(b)(1), 140, Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94–280, title I, §125, May 5, 1976, 90 Stat. 440; Pub. L. 97–134, §10, Dec. 29, 1981, 95 Stat. 1702; Pub. L. 97–424, title I, §116(a)(3), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98–229, §8(a), Mar. 9, 1984, 98 Stat. 56, related to additions to the Interstate System, prior to repeal by Pub. L. 105–178, title I, §1106(c)(2)(A), June 9, 1998, 112 Stat. 136.
Amendments
2021—Pub. L. 117–58, §11301(a)(1), substituted "decisionmaking and One Federal Decision" for "decisionmaking" in section catchline.
Subsec. (a)(2) to (5). Pub. L. 117–58, §11301(a)(2)(A), (B), added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively. Former pars. (4) and (5) redesignated (6) and (8), respectively.
Subsec. (a)(5)(B). Pub. L. 117–58, §11301(a)(2)(C), substituted "process and schedule, including a timetable for and completion of any environmental permit" for "process for and completion of any environmental permit".
Subsec. (a)(6). Pub. L. 117–58, §11301(a)(2)(A), redesignated par. (4) as (6). Former par. (6) redesignated (9).
Subsec. (a)(7). Pub. L. 117–58, §11301(a)(2)(D), added par. (7). Former par. (7) redesignated (10).
Subsec. (a)(8) to (11). Pub. L. 117–58, §11301(a)(2)(A), redesignated pars. (5) to (8) as (8), (9), (10), and (11), respectively.
Subsec. (b)(1). Pub. L. 117–58, §11525(h)(1), inserted "(42 U.S.C. 4321 et seq.)" after "Act of 1969".
Pub. L. 117–58, §11301(a)(3), inserted ", including major projects," after "all projects" and "as requested by a project sponsor and" after "applied,".
Subsec. (c). Pub. L. 117–58, §11525(h)(2), inserted "(42 U.S.C. 4321 et seq.)" after "Act of 1969" wherever appearing.
Subsec. (c)(6)(D). Pub. L. 117–58, §11301(a)(4)(A), added subpar. (D).
Subsec. (c)(7). Pub. L. 117–58, §11301(a)(4)(B), added par. (7).
Subsec. (d)(8). Pub. L. 117–58, §11301(a)(5)(A)(i), substituted "environmental" for "NEPA" in heading.
Subsec. (d)(8)(A). Pub. L. 117–58, §11301(a)(5)(A)(ii), inserted "and except as provided in subparagraph (D)" after "paragraph (7)" and substituted "authorizations" for "permits" and "single environmental document for each kind of environmental document" for "single environment document".
Subsec. (d)(8)(B)(i). Pub. L. 117–58, §11301(a)(5)(A)(iii), substituted "environmental documents" for "an environmental document" and "authorizations" for "permits issued".
Subsec. (d)(8)(D). Pub. L. 117–58, §11301(a)(5)(A)(iv), added subpar. (D).
Subsec. (d)(10). Pub. L. 117–58, §11301(a)(5)(B), added par. (10).
Subsec. (g)(1)(B)(ii)(IV). Pub. L. 117–58, §11301(a)(6)(A)(i), substituted "time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of" for "schedule for and cost of".
Subsec. (g)(1)(B)(iii). Pub. L. 117–58, §11301(a)(6)(A)(ii), added cl. (iii).
Subsec. (g)(1)(D). Pub. L. 117–58, §11301(a)(6)(B), added subpar. (D) and struck out former subpar. (D). Prior to amendment, text read as follows: "The lead agency may—
"(i) lengthen a schedule established under subparagraph (B) for good cause; and
"(ii) shorten a schedule only with the concurrence of the affected cooperating agencies."
Subsec. (g)(1)(E), (F). Pub. L. 117–58, §11301(a)(6)(C), (D), added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (k)(2). Pub. L. 117–58, §11525(h)(3), inserted "(42 U.S.C. 4321 et seq.)" after "Act of 1969".
Subsec. (n)(3). Pub. L. 117–58, §11301(a)(7), added par. (3).
Subsecs. (p), (q). Pub. L. 117–58, §11301(a)(8), added subsecs. (p) and (q).
2015—Subsec. (a)(5). Pub. L. 114–94, §1304(a)(1), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "The term 'multimodal project' means a project funded, in whole or in part, under this title or chapter 53 of title 49 and involving the participation of more than one Department of Transportation administration or agency."
Subsec. (a)(6). Pub. L. 114–94, §1304(a)(2), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: "The term 'project' means any highway project, public transportation capital project, or multimodal project that requires the approval of the Secretary."
Subsec. (b)(3)(A). Pub. L. 114–94, §1304(b)(1), struck out "initiate a rulemaking to" after "shall" in introductory provisions.
Subsec. (b)(3)(B). Pub. L. 114–94, §1304(b)(2), added subpar. (B) and struck out former subpar. (B) which related to programmatic compliance requirements.
Subsec. (c)(1)(A). Pub. L. 114–94, §1304(c)(1), inserted ", or an operating administration thereof designated by the Secretary," after "Department of Transportation".
Subsec. (c)(6)(C). Pub. L. 114–94, §1304(c)(2), added subpar. (C).
Subsec. (d)(2). Pub. L. 114–94, §1304(d)(1), substituted "Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify" for "The lead agency shall identify, as early as practicable in the environmental review process for a project,".
Subsec. (d)(8), (9). Pub. L. 114–94, §1304(d)(2), added pars. (8) and (9).
Subsec. (e)(1). Pub. L. 114–94, §1304(e)(1), inserted "(including any additional information that the project sponsor considers to be important to initiate the process for the proposed project)" after "general location of the proposed project".
Subsec. (e)(3) to (5). Pub. L. 114–94, §1304(e)(2), added pars. (3) to (5).
Subsec. (f). Pub. L. 114–94, §1304(f)(1), inserted "; Alternatives Analysis" after "Need" in heading.
Subsec. (f)(4)(A). Pub. L. 114–94, §1304(f)(2)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project."
Subsec. (f)(4)(B). Pub. L. 114–94, §1304(f)(2)(B), designated existing provisions as cl. (i), inserted heading, substituted "Following participation under subparagraph (A)" for "Following participation under paragraph (1)", and added cl. (ii).
Subsec. (f)(4)(E). Pub. L. 114–94, §1304(f)(2)(C), added subpar. (E).
Subsec. (g)(1)(A). Pub. L. 114–94, §1304(g)(1)(A), substituted "Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency" for "The lead agency".
Subsec. (g)(1)(B)(i). Pub. L. 114–94, §1304(g)(1)(B), substituted "shall establish as part of such coordination plan" for "may establish as part of the coordination plan".
Subsec. (g)(3). Pub. L. 114–94, §1304(g)(2), inserted "and publish on the Internet" after "House of Representatives" in introductory provisions.
Subsec. (h)(4). Pub. L. 114–94, §1304(h)(1)(B), added par. (4). Former par. (4) redesignated (5).
Subsec. (h)(5). Pub. L. 114–94, §1304(h)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (h)(5)(C). Pub. L. 114–94, §1304(h)(2), substituted "paragraph (6)" for "paragraph (5) and".
Subsec. (h)(6), (7). Pub. L. 114–94, §1304(h)(1)(A), redesignated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).
Subsec. (h)(7)(B)(i)(I). Pub. L. 114–94, §1304(h)(3)(A), substituted "is required under subsection (h) or (i) of section 106" for "under section 106(i) is required".
Subsec. (h)(7)(B)(ii). Pub. L. 114–94, §1304(h)(3)(B), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: "The date referred to in clause (i) is the later of—
"(I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and
"(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)."
Subsec. (h)(8). Pub. L. 114–94, §1304(h)(1)(A), redesignated par. (7) as (8).
Subsec. (j)(1). Pub. L. 114–94, §1304(i)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "For a project that is subject to the environmental review process established under this section and for which funds are made available to a State under this title or chapter 53 of title 49, the Secretary may approve a request by the State to provide funds so made available under this title or such chapter 53 to affected Federal agencies (including the Department of Transportation), State agencies, and Indian tribes participating in the environmental review process for the projects in that State or participating in a State process that has been approved by the Secretary for that State. Such funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery for projects in that State."
Subsec. (j)(2). Pub. L. 114–94, §1304(i)(2), inserted "activities directly related to the environmental review process," before "dedicated staffing,".
Subsec. (j)(6). Pub. L. 114–94, §1304(i)(3), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: "Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the affected Federal agency and the State agency shall enter into a memorandum of understanding that establishes the projects and priorities to be addressed by the use of the funds."
Subsecs. (n), (o). Pub. L. 114–94, §1304(j)(1), added subsec. (n) and (o).
2012—Subsec. (b)(2). Pub. L. 112–141, §1305(a)(1), inserted ", and any requirements established under this section may be satisfied," after "exercised".
Subsec. (b)(3). Pub. L. 112–141, §1305(a)(2), added par. (3).
Subsec. (c)(1). Pub. L. 112–141, §1305(b)(1), designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).
Subsec. (d)(4). Pub. L. 112–141, §1305(c)(1), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "Designation as a participating agency under this subsection shall not imply that the participating agency—
"(A) supports a proposed project; or
"(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project."
Subsec. (d)(7). Pub. L. 112–141, §1305(c)(2), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: "Each Federal agency shall, to the maximum extent practicable—
"(A) carry out obligations of the Federal agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to carry out those obligations; and
"(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner."
Subsec. (e). Pub. L. 112–141, §1305(d), designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (g)(1)(B)(i). Pub. L. 112–141, §1305(e), inserted "and the concurrence of" after "consultation with".
Subsec. (h)(4) to (7). Pub. L. 112–141, §1306, added pars. (4) to (7) and struck out former par. (4) which related to issue resolution.
Subsec. (j)(6). Pub. L. 112–141, §1307, added par. (6).
Subsec. (l). Pub. L. 112–141, §1308, substituted "150 days" for "180 days" in pars. (1) and (2).
Subsec. (m). Pub. L. 112–141, §1309, added subsec. (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Implementation of Programmatic Compliance
Pub. L. 114–94, div. A, title I, §1304(k), Dec. 4, 2015, 129 Stat. 1386, provided that:
"(1)
"(2)
"(3)
"(4)
"(A) allow not fewer than 60 days for public notice and comment on the proposed rule; and
"(B) address any comments received under this subsection."
Existing Environmental Review Process
Pub. L. 109–59, title VI, §6002(b), Aug. 10, 2005, 119 Stat. 1865, provided that: "Nothing in this section [enacting this section and repealing provisions set out as a note under section 109 of this title] affects any existing State environmental review process, program, agreement, or funding arrangement approved by the Secretary [of Transportation] under section 1309 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 232; 23 U.S.C. 109 note) as such section was in effect on the day preceding the date of enactment of the SAFETEA–LU [Aug. 10, 2005]."
Executive Documents
Memoranda of Agency Agreements for Early Coordination
Pub. L. 112–141, div. A, title I, §1320, July 6, 2012, 126 Stat. 551, provided that:
"(a)
"(1) the Secretary [of Transportation] and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and
"(2) such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.
"(b)
"(c)
"(d)
"(1) Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion.
"(2) The potential appropriateness of using planning products and decisions in later environmental reviews.
"(3) The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews.
"(4) The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities.
"(5) The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project.
"(6) The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law.
"(7) Timelines for the completion of agency actions during the planning and environmental review processes.
"(8) Other appropriate factors."
Delegation of a Reporting Authority
Memorandum of President of the United States, Jan. 31, 2013, 78 F.R. 8351, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 1306 of the Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law 112–141, to make the specified reports to the Congress.
You are authorized and directed to notify the appropriate congressional committees and publish this memorandum in the Federal Register.
Barack Obama.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.