Sec. 11104. Initiation of environmental review process
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Section 139 of title 23, United States Code, is amended— in subsection (a), by striking paragraph
(6)and inserting the following: The term project means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department. For purposes of this paragraph, the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including discretionary grant, loan, and loan guarantee programs administered by the Department. ; 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, and provides to the project sponsor an accounting, regarding what is necessary to initiate the environmental review process. Any project sponsor may submit a request to the Secretary to designate a specific operating administration or secretarial office within the Department of Transportation to serve as the Federal lead agency for a project. A request under subparagraph
(A)may include a proposed schedule for completing the environmental review process. If a request under subparagraph
(A)is received, the Secretary shall respond to the request not later than 45 days after the date of receipt. The response shall— approve the request; deny the request, with an explanation of the reasons; or require the submission of additional information. If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to that submission not later than 45 days after the date of receipt. ; and in subsection (f)(4), by adding at the end the following: In carrying out this paragraph, the lead 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 under section 134 of title 23, United States Code, or an environmental review process carried out under State law (referred to in this subparagraph as a State environmental review process ). The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency— the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable; the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review 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 environmental review process included an opportunity for public review and comment; the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments; the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and the Federal lead agency has determined— in consultation with Federal participating or cooperating agencies, 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 with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law. .
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Sec. 11104
Initiation of environmental review process
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