---
kind: "section"
citation: "23 U.S.C. § 178"
title: "23"
title_heading: "Highways"
number: "178"
heading: "Environmental review implementation funds"
release: "119-102"
url: "https://uscodex.org/usc/23/178"
units:
  - "Chapter 1 — Federal-Aid Highways"
---

# §178. Environmental review implementation funds

- (a) **Establishment.—** In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the [Administrator](#c-1), 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](#c-3) for [proposed projects](#c-4) through—
  - (1) the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective [environmental review process](#c-3) for surface transportation [projects](/usc/23/101.md?p=a-20) and any administrative expenses of the Federal [Highway](/usc/23/101.md?p=a-11) Administration to conduct activities described in this section; and
  - (2) providing funds made available under this subsection to [eligible entities](#c-2)—
    - (A) to build capacity of such [eligible entities](#c-2) to conduct [environmental review processes](#c-3);
    - (B) to facilitate the [environmental review process](#c-3) for [proposed projects](#c-4) 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](#c-3), for potential use in the [environmental review process](#c-3) in accordance with applicable statutes and regulations;
      - (iv) conducting public engagement activities; and
      - (v) carrying out permitting or other activities, as the [Administrator](#c-1) determines to be appropriate, to support the timely completion of an [environmental review process](#c-3) required for a [proposed project](#c-4); and
    - (C) for administrative expenses of the [eligible entity](#c-2) to conduct any of the activities described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-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](#c-2) 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](#c-2) may be satisfied using funds made available to the [eligible entity](#c-2) under any other Federal, [State](/usc/23/101.md?p=a-28), or local grant program.
- (c) **Definitions.—** In this section:
  - (1) **Administrator.—** The term “Administrator” means the Administrator of the Federal [Highway](/usc/23/101.md?p=a-11) Administration.
  - (2) **Eligible entity.—** The term “eligible entity” means—
    - (A) a [State](/usc/23/101.md?p=a-28);
    - (B) a unit of local government;
    - (C) a political subdivision of a [State](/usc/23/101.md?p=a-28);
    - (D) a territory of the United States;
    - (E) an entity described in [section 207(m)(1)(E)](/usc/23/207.md?p=m-1-E);
    - (F) a recipient of funds under [section 203](/usc/23/203.md); or
    - (G) a metropolitan planning organization (as defined in [section 134(b)(2)](/usc/23/134.md?p=b-2)).
  - (3) **Environmental review process.—** The term “environmental review process” has the meaning given the term in [section 139(a)(5)](/usc/23/139.md?p=a-5).
  - (4) **Proposed project.—** The term “proposed project” means a surface transportation [project](/usc/23/101.md?p=a-20) for which an [environmental review process](#c-3) is required.

## Source credit

(Added Pub. L. 117–169, title VI, § 60505(a), Aug. 16, 2022, 136 Stat. 2083.)