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‘(1) AGENCY.—The term ‘‘agency’’ means any 
agency, department, or other unit of Federal, State, 
local, or Indian tribal government. 
‘(2) ENVIRONMENTAL
IMPACT
STATEMENT.—
The term ‘‘environmental impact statement’’ means 
the detailed statement of environmental impacts re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process for 
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘(B) INCLUSIONS.—The term includes the 
process for and completion of any environ-
mental permit, approval, review, or study re-
quired for a project under any Federal law 
other than the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘(4) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the Department of Transportation and, if ap-
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plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘‘multimodal project’’ means a project funded, in 
whole or in part, under title 23 or chapter 53 and 
involving the participation of more than one Depart-
ment of Transportation administration or agency. 
‘(6) PROJECT.—The term ‘‘project’’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
‘(7) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means the agency or other entity, including 
any private or public-private entity, that seeks ap-
proval of the Secretary for a project. 
‘(8) STATE TRANSPORTATION DEPARTMENT.—
The term ‘‘State transportation department’’ means 
any statewide agency of a State with responsibility 
for one or more modes of transportation. 
‘(b) APPLICABILITY.—This subchapter is applicable 
to all projects for which an environmental impact state-
ment is prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter 
may be applied, to the extent determined appropriate by 
the Secretary, to other projects for which an environ-
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mental document is prepared pursuant to such Act. Any 
authorities granted in this subchapter may be exercised 
for a project, class of projects, or program of projects. 
‘§ 5252. Project development procedures 
‘(a) LEAD AGENCIES.—
‘(1) FEDERAL
LEAD
AGENCY.—The Depart-
ment of Transportation shall be the Federal lead 
agency in the environmental review process for a 
project. 
‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local 
governmental entity receiving funds under title 23 or 
chapter 53 for the project shall serve as a joint lead 
agency with the Department for purposes of pre-
paring any environmental document under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and may prepare any such environ-
mental document required in support of any action 
or approval by the Secretary if the Federal lead 
agency furnishes guidance in such preparation and 
independently evaluates such document and the doc-
ument is approved and adopted by the Secretary 
prior to the Secretary taking any subsequent action 
or making any approval based on such document,
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whether or not the Secretary’s action or approval re-
sults in Federal funding. 
‘(3) ENSURING
COMPLIANCE.—The Secretary 
shall ensure that the project sponsor complies with 
all design and mitigation commitments made jointly 
by the Secretary and the project sponsor in any en-
vironmental document prepared by the project spon-
sor in accordance with this subsection and that such 
document is appropriately supplemented if project 
changes become necessary. 
‘(4) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance 
with this subsection may be adopted or used by any 
Federal agency making any approval to the same ex-
tent that such Federal agency could adopt or use a 
document prepared by another Federal agency. 
‘(b) PARTICIPATING AGENCIES.—
‘(1) IN GENERAL.—The lead agency shall be re-
sponsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a project, any other Federal and 
non-Federal agencies that may have an interest in 
the project, and shall invite such agencies to become
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participating agencies in the environmental review 
process for the project. The invitation shall set a 
deadline for responses to be submitted. The deadline 
may be extended by the lead agency for good cause. 
‘(3) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
project shall be designated as a participating agency 
by the lead agency unless the invited agency informs 
the lead agency, in writing, by the deadline specified 
in the invitation that the invited agency—
‘(A) has no jurisdiction or authority with 
respect to the project; 
‘(B) has no expertise or information rel-
evant to the project; and 
‘(C) does not intend to submit comments 
on the project. 
‘(4) EFFECT OF DESIGNATION.—Designation as 
a participating agency under this subsection shall 
not imply that the participating agency—
‘(A) supports a proposed project; or 
‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project.