Sec. 11108. Integration of planning and environmental review
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Section 168 of title 23, United States Code, is amended to read as follows: In this section, the following definitions apply: The term environmental review process means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The term lead agency has the meaning given the term in section 139(a). 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 135, respectively.
The term project has the meaning given the term in section 139(a). Subject to subsection (d), the Federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project. If the Federal lead agency makes a determination to adopt and use a planning product, the Federal lead agency shall identify the agencies that participated in the development of the planning products. The Federal lead agency may— adopt an entire planning product under paragraph (1); or select portions of a planning project under paragraph
(1)for adoption. A determination under paragraph
(1)with respect to the adoption of a planning product may— be made at the time the lead agencies decide the appropriate scope of environmental review for the project; or occur later in the environmental review process, as appropriate. The lead agency in the environmental review process may adopt decisions from a planning product, including— whether tolling, private financial assistance, or other special financial measures are necessary to implement the project; a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility; the purpose and the need for the proposed action; preliminary screening of alternatives and elimination of unreasonable alternatives; a basic description of the environmental setting; a decision with respect to methodologies for analysis; and an identification of programmatic level mitigation for potential impacts of transportation projects, including— measures to avoid, minimize, and mitigate impacts at a regional or national scale; investments in regional ecosystem and water resources; and a programmatic mitigation plan developed in accordance with section 169. The lead agency in the environmental review process may adopt analyses from a planning product, including— travel demands; regional development and growth; local land use, growth management, and development; population and employment; natural and built environmental conditions; environmental resources and environmentally sensitive areas; potential environmental effects, including the identification of resources of concern and potential indirect and cumulative effects on those resources; and mitigation needs for a proposed action, or for programmatic level mitigation, for potential effects that the Federal lead agency determines are most effectively addressed at a regional or national program level. The lead agency in the environmental review process may adopt and use a planning product under this section if the lead agency determines, with the concurrence of other participating agencies with relevant expertise and project sponsors, as appropriate, that the following conditions have been met: The planning product was developed through a planning process conducted pursuant to applicable Federal law. The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes. The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment. The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section. During the environmental review process, the lead agency has— made the planning documents available for public review and comment; provided notice of the intention of the lead agency to adopt the planning product; and considered any resulting comments. There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product. The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies. The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process. The planning product is appropriate for adoption and use in the environmental review process for the project and is incorporated in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the DRIVE Act ). Any planning product adopted by the Federal lead agency in accordance with this section may be— incorporated directly into an environmental review process document or other environmental document; and relied on and used by other Federal agencies in carrying out reviews of the project. This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49. Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process. This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning. .
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Sec. 11108
Integration of planning and environmental review
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