Title 23HighwaysRelease 119-73

§178 Environmental review implementation funds

Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 178

Last updated Apr 6, 2026|Official source

Summary

Provides $100,000,000 for fiscal year 2022 to the Federal Highway Administration (FHWA) Administrator, available until September 30, 2026, to help create and review environmental documents for proposed surface transportation projects. The money can pay for guidance, technical help, templates, training, tools, and FHWA administrative costs. It can also fund eligible entities to build review capacity and to help with tasks like setting study scope, spotting impacts and mitigation, developing studies and documents before and during review, doing public outreach, handling permitting, and the entities’ administrative costs. The Federal share of any activity may be up to 80 percent, and the non‑Federal share can come from other Federal, State, or local grants. Administrator = head of the FHWA. Eligible entity = States, local governments and subdivisions, U.S. territories, certain entities under sections 207(m)(1)(E) and 203, and metropolitan planning organizations. Environmental review process = term as defined in section 139(a)(5). Proposed project = a surface transportation project that needs an environmental review.

Full Legal Text

Title 23, §178

Highways — Source: USLM XML via OLRC

(a)In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through—
(1)the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and
(2)providing funds made available under this subsection to eligible entities—
(A)to build capacity of such eligible entities to conduct environmental review processes;
(B)to facilitate the environmental review process for proposed projects by—
(i)defining the scope or study areas;
(ii)identifying impacts, mitigation measures, and reasonable alternatives;
(iii)preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations;
(iv)conducting public engagement activities; and
(v)carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and
(C)for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B).
(b)(1)The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent.
(2)The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program.
(c)In this section:
(1)The term “Administrator” means the Administrator of the Federal Highway Administration.
(2)The term “eligible entity” means—
(A)a State;
(B)a unit of local government;
(C)a political subdivision of a State;
(D)a territory of the United States;
(E)an entity described in section 207(m)(1)(E);
(F)a recipient of funds under section 203; or
(G)a metropolitan planning organization (as defined in section 134(b)(2)).
(3)The term “environmental review process” has the meaning given the term in section 139(a)(5).
(4)The term “proposed project” means a surface transportation project for which an environmental review process is required.

Reference

Citations & Metadata

Citation

23 U.S.C. § 178

Title 23Highways

Last Updated

Apr 6, 2026

Release point: 119-73