Sec. 1307. Integration of planning and environmental review
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/bill/114/hr/22/eah/section-1307A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 168(a) of title 23, United States Code, is amended— by striking paragraph
(1)and inserting the following: The term environmental review process has the meaning given that term in section 139(a). ; by redesignating paragraphs
(2)through
(4)as paragraphs
(3)through (5), respectively; by inserting after paragraph
(1)the following: The term lead agency has the meaning given that term in section 139(a). ; and by striking paragraph
(3)(as redesignated by paragraph
(2)of this subsection) and inserting the following: The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or section 135, respectively. . Section 168(b) of title 23, United States Code, is amended— in the subsection heading by inserting after or Incorporation by Reference ; Adoption in paragraph
(1)by striking the Federal lead agency for a project may adopt and inserting and to the maximum extent practicable and appropriate, the lead agency for a project may adopt or incorporate by reference ; by striking paragraph
(2)and redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; by striking paragraph
(2)(as so redesignated) and inserting the following: The lead agency may adopt or incorporate by reference a planning product under paragraph
(1)in its entirety or may select portions for adoption or incorporation by reference. ; and in paragraph
(3)(as so redesignated) by inserting or incorporation by reference after adoption . Section 168(c)(1) of title 23, United States Code, is amended— in the matter preceding subparagraph
(A)by striking adopted and inserting adopted or incorporated by reference by the lead agency ; by redesignating subparagraphs
(A)through
(E)as subparagraphs
(B)through (F), respectively; by inserting before subparagraph
(B)(as so redesignated) the following: the project purpose and need; ; by striking subparagraph
(B)(as so redesignated) and inserting the following: the preliminary screening of alternatives and elimination of unreasonable alternatives; ; in subparagraph
(C)(as so redesignated) by inserting and general travel corridor after modal choice ; in subparagraph
(E)(as so redesignated) by striking and at the end; in subparagraph
(F)(as so redesignated)— in the matter preceding clause
(i)by striking potential impacts and all that follows through resource agencies, and inserting potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the lead agency ; and in clause
(ii)by striking the period at the end and inserting ; and ; and by adding at the end the following: whether tolling, private financial assistance, or other special financial measures are necessary to implement the project. . Section 168(c)(2) of title 23, United States Code, is amended— in the matter preceding subparagraph
(A)by striking adopted and inserting adopted or incorporated by reference by the lead agency ; in subparagraph (G)— by inserting direct, indirect, and before cumulative effects ; and by striking , identified as a result of a statewide or regional cumulative effects assessment ; and in subparagraph (H)— by striking proposed action and inserting proposed project ; and by striking Federal lead agency and inserting lead agency . Section 168(d) of title 23, United States Code, is amended— in the matter preceding paragraph
(1)by striking Adoption and use and all that follows through Federal lead agency, that and inserting The lead agency in the environmental review process may adopt or incorporate by reference and use a planning product under this section if the lead agency determines that ; in paragraph
(2)by striking by engaging in active consultation and inserting in consultation ; by striking paragraphs
(4)and
(5)and inserting the following: The planning process included public notice that the planning products may be adopted or incorporated by reference during a subsequent environmental review process in accordance with this section. During the environmental review process, but prior to determining whether to rely on and use the planning product, the lead agency has— made the planning documents available for review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed action; provided notice of the lead agency’s intent to adopt the planning product or incorporate the planning product by reference; and considered any resulting comments. ; in paragraph (9)— by inserting or incorporation by reference after adoption ; and by inserting and is sufficient to meet the requirements of the National Environmental Policy Act of 1969 ( after 42 U.S.C. 4321 et seq. ) for the project ; and in paragraph
(10)by striking not later than 5 years prior to date on which the information is adopted and inserting within the 5-year period ending on the date on which the information is adopted or incorporated by reference . Section 168(e) of title 23, United States Code, is amended— in the subsection heading by inserting after or Incorporation by Reference ; and Adoption by striking adopted by the Federal lead agency and inserting adopted or incorporated by reference by the lead agency .
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Sec. 1307
Integration of planning and environmental review
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