Us Code § 168 - Integration of planning and environmental review
Full text of Us Code United States Code § 168 — Integration of planning and environmental review, with citation guidance and answers to common questions.
§ 168. Integration of planning and environmental review
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) The cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.
(2)
(3)
(A) adopt or incorporate by reference an entire planning product under paragraph (1); or
(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
(4)
(A) be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or
(B) occur later in the environmental review process, as appropriate.
(c)
(1)
(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;
(B) a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;
(C) the purpose and the need for the proposed action;
(D) preliminary screening of alternatives and elimination of unreasonable alternatives;
(E) a basic description of the environmental setting;
(F) a decision with respect to methodologies for analysis; and
(G) an identification of programmatic level mitigation for potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the relevant agency determines are more effectively addressed on a national or regional scale, including—
(i) measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and
(ii) potential mitigation activities, locations, and investments.
(2)
(A) travel demands;
(B) regional development and growth;
(C) local land use, growth management, and development;
(D) population and employment;
(E) natural and built environmental conditions;
(F) environmental resources and environmentally sensitive areas;
(G) potential environmental effects, including the identification of resources of concern and potential direct, indirect, and cumulative effects on those resources; and
(H) mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level.
(d)
(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
(2) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.
(3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
(4) The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section.
(5) During the environmental review process, the relevant agency has—
(A) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project;
(B) provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and
(C) considered any resulting comments.
(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.
(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
(8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
(9) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the FAST Act).
(10) The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference.
(e)
(1) incorporated directly into an environmental review process document or other environmental document; and
(2) relied on and used by other Federal agencies in carrying out reviews of the project.
(f)
(1)
(2)
(3)
(Added Pub. L. 112–141, div. A, title I, §1310(a), July 6, 2012, 126 Stat. 540; amended Pub. L. 114–94, div. A, title I, §1305, Dec. 4, 2015, 129 Stat. 1386.)
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (b)(1) and (d)(9), 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 FAST Act, referred to in subsec. (d)(9), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Amendments
2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to integration of planning and environmental review.
Statutory Notes and Related Subsidiaries
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
Section 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.
About This Section
23 U.S.C. § 168 is part of Title 23 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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