Sec. 11009. Flexibility for certain rural road and bridge projects
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With respect to rural road and rural bridge projects eligible for funding under title 23, United States Code, subject to the provisions of this section and on request by a State, the Secretary may— exercise all existing flexibilities under and exceptions to— 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 the requirements described in paragraph (1).
A rural road or rural bridge project under this section shall— be located in a county that, based on the most recent decennial census— has a population density of 80 or fewer persons per square mile of land area; or is the county that has the lowest population density of all counties 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; 126 Stat. 549)) 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 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 the assistance would be in the public interest for 1 or more reasons, including— 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 the requirements of section 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 law or requirement described in this paragraph.
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- 126 Stat. 549
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Sec. 11009
Flexibility for certain rural road and bridge projects
Stat.126 Stat. 549
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