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23 U.S.C. § 157National Environmental Policy Act of 1969 reporting program

submitted 5 years ago by Pub. L. 117-58 to r/title-23-HIGHWAYS · 738 words · no verdicts yet

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The Department of Transportation must track how long environmental reviews take for its projects. Each year it reports this data to two congressional committees. The report covers categorical exclusions, environmental assessments, and environmental impact statements.

(a) Definitions. This subsection defines terms used in the section. "Categorical exclusion" has the meaning given in section 771.117(c) of title 23 of the Code of Federal Regulations, or whatever regulation replaces it. "Documented categorical exclusion" has the meaning given in section 771.117(d) of that same title of regulations, or its successor. "Environmental assessment" has the meaning given in section 1508.1 of title 40 of the Code of Federal Regulations, or its successor. "Environmental impact statement" means the detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969. "Federal agency" includes a state that has taken over environmental review responsibility under section 327. "NEPA process" means the entire job of developing and documenting the environmental analysis the National Environmental Policy Act requires, including studying impacts, alternatives, and ways to reduce harm, plus any required coordination with other agencies and the public, all done before the Secretary carries out a proposed action. "Proposed action" means an action under this title that the Secretary proposes to carry out, as that term is used in the National Environmental Policy Act. "Reporting period" means the fiscal year right before the fiscal year when a report under subsection (b) is issued. "Secretary" includes the governor, or the head of the relevant state agency, in a state that has taken over responsibility under section 327. (b) Report on NEPA data. The Secretary must set up a process to track certain information, and must send an annual report containing it to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. For counting purposes, the NEPA process for an environmental impact statement starts when the Notice of Intent is published in the Federal Register, and ends when the Secretary issues a record of decision, including a revised one if needed. For an environmental assessment, the process starts when the Secretary decides to prepare one, and ends when the Secretary either issues a finding of no significant impact or decides a full environmental impact statement is needed instead. The report must include, for the Department of Transportation: (A) how many proposed actions got a categorical exclusion during the reporting period; (B) how many got a documented categorical exclusion during the reporting period; (C) how many pending proposed actions, as of the report date, are still waiting on a documented categorical exclusion; (D) how many proposed actions got an environmental assessment during the reporting period; (E) how long each of those environmental assessments took to finish; (F) how many pending proposed actions, as of the report date, have an environmental assessment still being drafted; (G) how many proposed actions got a finished environmental impact statement during the reporting period; (H) how long each of those environmental impact statements took to finish; (I) how many pending proposed actions, as of the report date, have an environmental impact statement still being drafted; and (J) for the actions counted in (F) and (I), what percentage have funding identified and have completed all other required federal, state, and local steps needed to move forward.
the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section:

(1)Categorical exclusion.—

The term “categorical exclusion” has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation).

(2)Documented categorical exclusion.—

The term “documented categorical exclusion” has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).

(3)Environmental assessment.—

The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(4)Environmental impact statement.—

The term “environmental impact statement” means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(5)Federal agency.—

The term “Federal agency” includes a State that has assumed responsibility under section 327.

(6)NEPA process.—

The term “NEPA process” means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action.

(7)Proposed action.—

The term “proposed action” means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.

(8)Reporting period.—

The term “reporting period” means the fiscal year prior to the fiscal year in which a report is issued under subsection (b).

(9)Secretary.—

The term “Secretary” includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327.

(b)Report on NEPA Data.—
(1)In general.—

The Secretary shall carry out a process to track, and annually 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 containing, the information described in paragraph (3).

(2)Time to complete.—

For purposes of paragraph (3), the NEPA process—

(A)

for an environmental impact statement—

(i)

begins on the date on which the Notice of Intent is published in the Federal Register; and

(ii)

ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and

(B)

for an environmental assessment—

(i)

begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and

(ii)

ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.

(3)Information described.—

The information referred to in paragraph (1) is, with respect to the Department of Transportation—

(A)

the number of proposed actions for which a categorical exclusion was issued during the reporting period;

(B)

the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period;

(C)

the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending;

(D)

the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period;

(E)

the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D);

(F)

the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation;

(G)

the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period;

(H)

the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G);

(I)

the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and

(J)

for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which—

(i)

funding has been identified; and

(ii)

all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.

Source credit: (Added Pub. L. 117–58, div. A, title I, § 11312(a), Nov. 15, 2021, 135 Stat. 538.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-58 · 135 Stat. 538

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.

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