2013 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 168 - Integration of planning and environmental review
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 168 - Integration of planning and environmental review |
Contains | section 168 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 112-141, div. A, title I, §1310(a), July 6, 2012, 126 Stat. 540. |
Statutes at Large References | 83 Stat. 852 126 Stat. 540 |
Public Law References | Public Law 91-190, Public Law 112-141 |
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(a)
(1)
(2)
(A) is the result of an evaluation or decisionmaking process carried out during transportation planning, including a detailed corridor plan or a transportation plan developed under section 134 that fully analyzes impacts on mobility, adjacent communities, and the environment;
(B) is intended to be carried into the transportation project development process; and
(C) has been approved by the State, all local and tribal governments where the project is located, and by any relevant metropolitan planning organization.
(3)
(4)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;
(B) a decision with respect to modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;
(C) a basic description of the environmental setting;
(D) a decision with respect to methodologies for analysis; and
(E) an identification of programmatic level mitigation for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource agencies, determines are most effectively addressed at a regional or national program level, including—
(i) system-level measures to avoid, minimize, or mitigate impacts of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and
(ii) potential mitigation activities, locations, and investments.
(2)
(A) travel demands;
(B) regional development and growth;
(C) local land use, growth management, and development;
(D) population and employment;
(E) natural and built environmental conditions;
(F) environmental resources and environmentally sensitive areas;
(G) potential environmental effects, including the identification of resources of concern and potential cumulative effects on those resources, identified as a result of a statewide or regional cumulative effects assessment; and
(H) 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.
(d)
(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
(2) The planning product was developed by engaging in active consultation with appropriate Federal and State resource agencies and Indian tribes.
(3) 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.
(4) During the planning process, notice was provided through publication or other means to Federal, State, local, and tribal governments that might have an interest in the proposed project, and to members of the general public, of the planning products that the planning process might produce and that might be relied on during any subsequent environmental review process, and such entities have been provided an appropriate opportunity to participate in the planning process leading to such planning product.
(5) After initiation of the environmental review process, but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation relating to the planning product available to Federal, State, local, and tribal governments that may have an interest in the proposed action, and to members of the general public, and has considered any resulting comments.
(6) 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.
(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
(8) 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.
(9) The planning product is appropriate for adoption and use in the environmental review process for the project.
(10) The planning product was approved not later than 5 years prior to date on which the information is adopted pursuant to this section.
(e)
(f)
(1)
(2)
(3)
(Added Pub. L. 112–141, div. A, title I, §1310(a), July 6, 2012, 126 Stat. 540.)
REFERENCES IN TEXTThe National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
EFFECTIVE DATESection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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