112 STAT. 232 PUBLIC LAW 105-178—JUNE 9, 1998 such requirement, as appropriate, as part of the analyses required to be undertaken pursuant to the planning provisions of title 23, United States Code, and chapter 53 of title 49, United States Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for Federal-aid highway and transit projects. The scope of the applicability of such regulations shall be no broader than the scope of such section. 23 USC 109 note. SEC. 1309. ENVIRONMENTAL STREAMLINING. (a) COORDINATED ENVIRONMENTAL REVIEW PROCESS. — (1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary shall develop and implement a coordinated environmental review process for highway construction projects that require— (A) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the Secretary may decide not to apply this section to the preparation of an environmental assessment under such Act; or (B) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. (2) MEMORANDUM OF UNDERSTANDING. — (A) IN GENERAL. — The coordinated environmental review process for each project shall ensure that, whenever practicable (as specified in this section), all environmental reviews, analyses, opinions, and any permits, licenses, or approvals that must be issued or made by any Federal agency for the project concerned shall be conducted concurrently and completed within a cooperatively determined time period. Such process for a project or class of project may be incorporated into a memorandum of understanding between the Department of Transportation and Federal agencies (and, where appropriate, State agencies). (B) ESTABLISHMENT OF TIME PERIODS.— In establishing the time period referred to in subparagraph (A), and any time periods for review within such period, the Department and all such agencies shall take into account their respective resources and statutory commitments. (b) ELEMENTS OF COORDINATED ENVIRONMENTAL REVIEW PROCESS.— For each project, the coordinated environmental review process established under this section shall provide, at a minimum, for the following elements: (1) FEDERAL AGENCY IDENTIFICATION. —The Secretary shall, at the earliest possible time, identify all potential Federal agencies that— (A) have jurisdiction by law over environmental-related issues that may be affected by the project and the analysis of which would be part of any environmental document required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) may be required by Federal law to independently— (i) conduct an environmental-related review or analysis; or (ii) determine whether to issue a permit, license, or approval or render an opinion on the environmental impact of the project.
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