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23 U.S.C. § 157

Title 23 Chapter 1 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 157. National Environmental Policy Act of 1969 reporting program

  • (a) In this section:
    • (1) The term “categorical exclusion” has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation).
    • (2) The term “documented categorical exclusion” has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).
    • (3) The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
    • (4) The term “environmental impact statement” means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ).
    • (5) The term “Federal agency” includes a State that has assumed responsibility under section 327.
    • (6) The term “NEPA process” means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action.
    • (7) The term “proposed action” means an action (within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.
    • (8) The term “reporting period” means the fiscal year prior to the fiscal year in which a report is issued under subsection (b).
    • (9) The term “Secretary” includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327.
  • (b)
    • (1) The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3).
    • (2) For purposes of paragraph (3), the NEPA process—
      • (A) for an environmental impact statement—
        • (i) begins on the date on which the Notice of Intent is published in the Federal Register; and
        • (ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and
      • (B) for an environmental assessment—
        • (i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and
        • (ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.
    • (3) The information referred to in paragraph (1) is, with respect to the Department of Transportation—
      • (A) the number of proposed actions for which a categorical exclusion was issued during the reporting period;
      • (B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period;
      • (C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending;
      • (D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period;
      • (E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D);
      • (F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation;
      • (G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period;
      • (H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G);
      • (I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and
      • (J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which—
        • (i) funding has been identified; and
        • (ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.

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