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by participating agencies and the public in deter-
mining the range of alternatives to be considered for 
a project. 
‘‘(2) RANGE OF ALTERNATIVES.—Following par-
ticipation under paragraph (1), the lead agency shall 
determine the range of alternatives for consideration 
in any document which the lead agency is responsible 
for preparing for the project. 
‘‘(3) METHODOLOGIES.—The lead agency also 
shall determine, in collaboration with participating 
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of detail 
required in the analysis of each alternative for a 
project. 
‘‘(4) PREFERRED ALTERNATIVE.—At the discre-
tion of the lead agency, the preferred alternative for 
a project, after being identified, may be developed to 
a higher level of detail than other alternatives in 
order to facilitate the development of mitigation 
measures or concurrent compliance with other appli-
cable laws if the lead agency determines that the de-
velopment of such higher level of detail will not pre-
vent the lead agency from making an impartial deci-
sion as to whether to accept another alternative which
812
is being considered in the environmental review proc-
ess. 
‘‘(f) COMMENT DEADLINES.—The lead agency shall es-
tablish the following deadlines for comment during the envi-
ronmental review process for a project: 
‘‘(1) For comments by agencies and the public on 
a draft environmental impact statement, a period of 
no more than 60 days from the date of public avail-
ability of such document, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project sponsor, 
and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(2) For all other comment periods established 
by the lead agency for agency or public comments in 
the environmental review process, a period of no more 
than 30 days from availability of the materials on 
which comment is requested, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project sponsor, 
and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—
813
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of any 
approvals required for the project under applicable 
laws. 
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review process regarding the environ-
mental and socioeconomic resources located within the 
project area and the general locations of the alter-
natives under consideration. Such information may 
be based on existing data sources, including geo-
graphic information systems mapping. 
‘‘(3) 
PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
project’s potential environmental or socioeconomic 
impacts. In this paragraph, issues of concern include 
any issues that could substantially delay or prevent 
an agency from granting a permit or other approval 
that is needed for the project.
814
‘‘(4) ISSUE
RESOLUTION.—Whenever issues of 
concern are identified or at any time upon request of 
a project sponsor, the lead agency shall promptly con-
vene a meeting with the relevant participating agen-
cies. If a resolution cannot be achieved within 30 
days following such a meeting and a determination 
by the lead agency that all information necessary to 
resolve the issue has been obtained, the lead agency 
shall notify the heads of all Federal agencies involved 
in the meeting and the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives and shall publish such notification in 
the Federal Register. 
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any 
project eligible for assistance under title 23 or chapter 53, 
a State may require, under procedures established by State 
law, that all State agencies that have jurisdiction by State 
or Federal law over environmental-related issues that may 
be affected by the project, or that are required to issue any 
environmental-related reviews, analyses, opinions, or deter-
minations on issuing any permits, licenses, or approvals 
for the project, be subject to the coordinated environmental 
review process established under this section unless the Sec-
retary determines that a State agency’s participation would
815
not be in the public interest. A State participating in the 
review process must require all State agencies with jurisdic-
tion to be subject to and comply with the review process 
to the same extent as a Federal agency. 
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES.—
‘‘(1) IN GENERAL.—For a project that is subject 
to the environmental review process established under 
this section and for which funds are made available 
to a State under title 23 or chapter 53, the Secretary 
may approve a request by the State to provide funds 
so made available to affected Federal agencies (includ-
ing the Department of Transportation), State agen-
cies, and Indian tribes participating in the environ-
mental review process for the project. Such funds may 
be provided only to support activities that directly 
and meaningfully contribute to expediting and im-
proving transportation project planning and delivery. 
Such activities may include dedicated staffing, train-
ing of agency personnel, information gathering and 
mapping, and development of programmatic agree-
ments. The Secretary may also use funds made avail-
able under section 204 of title 23 for a project for the 
purposes specified in this subsection with respect to 
the environmental review process for the project.
816
‘‘(2) AMOUNTS.—Requests under paragraph (1) 
may be approved only for the additional amounts 
that the Secretary determines are necessary for the 
Federal agencies, State agencies, or Indian tribes par-
ticipating in the environmental review process to 
meet the time limits for environmental review. 
‘‘(3) CONDITION.—A request under paragraph 
(1) to expedite time limits for environmental review 
may be approved only if such time limits are less 
than the customary time necessary for such review. 
‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL
REVIEW.—Except as set forth 
under subsection (k), nothing in this section shall af-
fect the reviewability of any final Federal agency ac-
tion in a court of the United States. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
shall be construed as superseding, amending, or modi-
fying the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or any other Federal environ-
mental statute or affect the responsibility of any Fed-
eral officer to comply with or enforce any such stat-
ute. 
‘‘(3) LIMITATIONS.—Nothing in this section shall 
preempt or interfere with—