23 U.S.C. § 168: Integration of planning and environmental review

The term “environmental review process” has the meaning given the term in section 139(a). 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). The term “project sponsor” has the meaning given the term in section 139(a). The term “relevant agency” means the agency with authority under subparagraph (A) or (B) of subsection (b)(1). The lead agency for a project, with respect to 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 cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), if consistent with that law. If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies that participated in the development of the planning products. adopt or incorporate by reference an entire planning product under paragraph (1); or select portions of a planning project under paragraph (1) for adoption or incorporation by reference. be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or occur later in the environmental review process, as appropriate. 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 measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and potential mitigation activities, locations, and investments. 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 direct, indirect, and cumulative effects on those resources; and mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level. 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. made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project; provided notice of the intention of the relevant agency to adopt or incorporate by reference 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 or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, 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 FAST Act). The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference. 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.