23 U.S.C. § 178 — Environmental review implementation funds

submitted 4 years ago by Pub. L. 117-169 to r/title-23-HIGHWAYS · 430 words · no verdicts yet

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This law funds help for environmental reviews of transportation projects. The Federal Highway Administration gets $100 million to guide and speed up environmental reviews. Eligible entities like states and local governments can get funds to build their own review capacity.

(a) Establishment. Congress gives the Federal Highway Administrator $100,000,000 for fiscal year 2022, available until September 30, 2026. This money helps develop and review the documents needed for environmental reviews of proposed transportation projects. It's used two ways: (1) The Administrator can give guidance, technical assistance, templates, training, or tools that make the environmental review process more efficient, and can use some of it for the Federal Highway Administration's own administrative expenses to do this work. (2) The Administrator can give funds directly to eligible entities to: (A) build those entities' capacity to run environmental reviews themselves; (B) help them do specific review tasks, such as (i) defining the project's scope or study area, (ii) identifying impacts, ways to reduce harm, and reasonable alternatives, (iii) preparing planning and environmental studies and documents before and during the review, following the applicable laws and rules, (iv) engaging the public, and (v) handling permitting or other steps the Administrator says are needed to finish the review on time; and (C) cover the eligible entity's administrative costs for doing (A) and (B). (b) Cost share. (1) The federal government normally pays up to 80% of an eligible entity's costs under this section. (2) The entity's remaining share can come from any other federal, state, or local grant program. (c) Definitions. (1) "Administrator" means the Administrator of the Federal Highway Administration. (2) "Eligible entity" means: (A) a State; (B) a local government; (C) a political subdivision of a State; (D) a U.S. territory; (E) an entity described in section 207(m)(1)(E); (F) anyone who gets funds under section 203; or (G) a metropolitan planning organization. (3) "Environmental review process" has the meaning given in section 139(a)(5). (4) "Proposed project" means a surface transportation project that legally requires an environmental review.

the actual law source: uscode.house.gov ↗public domain

(a)Establishment.—

In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through—

(1)

the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and

(2)

providing funds made available under this subsection to eligible entities—

(A)

to build capacity of such eligible entities to conduct environmental review processes;

(B)

to facilitate the environmental review process for proposed projects by—

(i)

defining the scope or study areas;

(ii)

identifying impacts, mitigation measures, and reasonable alternatives;

(iii)

preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations;

(iv)

conducting public engagement activities; and

(v)

carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and

(C)

for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B).

(b)Cost Share.—

(1)In general.—

The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent.

(2)Source of funds.—

The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program.

(c)Definitions.—

In this section:

(1)Administrator.—

The term “Administrator” means the Administrator of the Federal Highway Administration.

(2)Eligible entity.—

The term “eligible entity” means—

(A)

a State;

(B)

a unit of local government;

(C)

a political subdivision of a State;

(D)

a territory of the United States;

(E)

an entity described in section 207(m)(1)(E);

(F)

a recipient of funds under section 203; or

(G)

a metropolitan planning organization (as defined in section 134(b)(2)).

(3)Environmental review process.—

The term “environmental review process” has the meaning given the term in section 139(a)(5).

(4)Proposed project.—

The term “proposed project” means a surface transportation project for which an environmental review process is required.

Source credit: (Added Pub. L. 117–169, title VI, § 60505(a), Aug. 16, 2022, 136 Stat. 2083.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-169 · 136 Stat. 2083

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-169 on 2022-08-16.

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