Title 23, HighwaysRelease 119-110

§178 Environmental Review Implementation Funds

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

Last updated Sep 22, 2026|Official source

Summary

Provides $100,000,000 for fiscal year 2022 to the Federal Highway Administration, available until September 30, 2026, to help make and review environmental documents for surface transportation projects. The money can pay for FHWA guidance, technical help, templates, training, tools, and related FHWA costs. It can also fund eligible state and local groups to build capacity and to help with tasks like setting study scope, finding impacts and mitigation and reasonable alternatives, preparing planning and environmental studies and other documents before and during the review, doing public outreach, handling permits or other activities to finish reviews on time, and the groups’ administrative costs. The federal share cannot be more than 80 percent; the rest can come from other federal, state, or local grant funds. Administrator means the head of the Federal Highway Administration. Eligible entity includes 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 and proposed project are defined by the referenced statute (section 139(a)(5)).

Full Legal Text

Title 23, §178

Highways, Source: USLM XML via OLRC

(a)Establishment.—
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)Cost Share.—
(1)In general.—
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)Source of funds.—
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)Definitions.—
In this section: (1) Administrator.— (2) Eligible entity.—
(3)Environmental review process.—
The term “environmental review process” has the meaning given the term in section 139(a)(5).
(4)Proposed project.—
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 23, Highways

Last Updated

Sep 22, 2026

Release point: 119-110