Sec. 1109. Flexibility for certain rural road and bridge projects
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The Secretary is authorized, upon request by a State, to exercise all existing flexibilities and exceptions from the requirements of title 23, United States Code, and other requirements administered by the Secretary, in whole or part, and otherwise provide additional flexibility or expedited processing with respect to such requirements, with respect to rural road and rural bridge projects eligible for funding under such title, pursuant to the provisions of this section. A rural road or rural bridge project under this section shall— be located in a county or parish that, based on the most recent decennial census, either— has a population density of 20 or fewer persons per square mile of land area; or is the county or parish that has the lowest population density of all counties or parishes in the State; be located within the operational right-of-way (as defined in section 1316(b) of MAP–21 (23 U.S.C. 109 note;
Public Law 112–141 )) of an existing road or bridge; and receive less than $5,000,000 of Federal funds; or have a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost. For projects eligible under this section, the Secretary shall seek to provide, to the maximum extent practicable, regulatory relief and flexibility consistent with this section. Exceptions, exemptions, and additional flexibility from regulatory requirements may be granted if, in the opinion of the Secretary— the project is not expected to have a significant adverse impact on the environment; the project is not expected to have an adverse impact on safety; and such assistance would be in the public interest for 1 or more reasons such as— reduced project costs; expedited construction, particularly in an area where the construction season is relatively short and not granting the waiver or additional flexibility could delay the project to a later construction season; or improved safety.
Nothing in this subsection— waives sections 113 or 138 of title 23, United States Code; supersedes, amends, or modifies— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other Federal environmental law; or any requirement of title 23, United States Code; or affects the responsibility of any Federal officer to comply with or enforce any such law or requirement.
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- Pub. L. 112-141
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Sec. 1109
Flexibility for certain rural road and bridge projects
Pub. L.Pub. L. 112-141
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