Sec. 1304. Initiation of environmental review process and elimination of duplicative reviews
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/bill/113/s/2322/is/section-1304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 139 of title 23, United States Code, is amended— in subsection (e)— in paragraph (1), by inserting (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project) after location of the proposed project ; and by adding at the end the following: Not later than 45 days after the date on which an application is received by the Secretary under this subsection, the Secretary shall provide to the project sponsor a written response that, as applicable— describes the determination of the Secretary— 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 to decline the application, including an explanation of the reasons for that decision; or requests additional information regarding, and provides to the project sponsor an accounting, regarding what is necessary to initiate the environmental review process. ; and in subsection (f)(4), by adding at the end the following:
In carrying out this paragraph, the head of a Federal agency shall reduce duplication, to the maximum extent practicable, between— the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and the evaluation of alternatives in the metropolitan transportation planning process or by a State transportation department or local transportation agency pursuant to State law relating to the environmental review process. The head of a Federal agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the head of the Federal agency— the Federal lead agency provided to the State transportation department or local transportation agency guidance regarding analysis of alternatives during the metropolitan transportation planning process, including guidance on the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other requirements of Federal law necessary for approval of the project; the applicable metropolitan planning process or State or local transportation agency environmental review process included an opportunity for public review and comment; the State transportation department or local transportation agency rejected the alternative after considering public comments; the Federal lead agency independently reviewed the alternative evaluation approved by the State transportation department or local transportation agency; and the Federal lead agency, in consultation with any Federal agency with jurisdiction over a permit or approval required for a project, has determined 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 any permit or approval under any other Federal law. .
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Sec. 1304
Initiation of environmental review process and elimination of duplicative reviews
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