Page:United States Statutes at Large Volume 112 Part 1.djvu/260

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112 STAT. 234 PUBLIC LAW 105-178-JUNE 9, 1998 matter not later than 30 days after the date of the finding by the Secretary. (d) PARTICIPATION OF STATE AGENCIES.— For any project eligible for assistance under chapter 1 of title 23, United States Code, a State, by operation of State law, may require 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 determinations on issuing any permits, licenses, or approvals for the project, be subject to the coordinated environmental review process established under this section unless the Secretary determines that a State's participation would not be in the public interest. For a State to require State agencies to participate in the review process, all affected agencies of the State shall be subject to the review process. (e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.— (1) IN GENERAL.— The Secretary may approve a request by a State to provide funds made available under chapter 1 of title 23, United States Code, to the State for the project subject to the coordinated environmental review process established under this section to affected Federal agencies to provide the resources necessary to meet any time limits established under this section. (2) AMOUNTS.— Such requests under paragraph (1) shall be approved only— (A) for the additional amounts that the Secretary determines are necessary for the affected Federal agencies to meet the time limits for environmental review; and (B) if such time limits are less than the customary time necessary for such review. (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.— (1) JUDICIAL REVIEW. — Nothing in this section shall affect the reviewability of any final Federal agency action in a district court of the United States or in the court of any State. (2) SAVINGS CLAUSE. — Nothing in this section shall affect the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute or affect the responsibility of any Federal officer to comply with or enforce any such statute. (g) FEDERAL AGENCY DEFINED. —In this section, the term "Federal agency" means any Federal agency or any State agency carrying out affected responsibilities required by operation of Federal law. SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS. (a) IN GENERAL.— Chapter 1 of title 23, United States Code, is amended by inserting after section 109 the following:

    • § 110. Uniform transferability of Federal-aid highway funds

"(a) GENERAL RULE. —Notwithstanding any other provision of law but subject to subsections (b) and (c), if at least 50 percent of a State's apportionment under section 104 or 144 for a fiscal year or at least 50 percent of the funds set-aside under section 133(d) from the State's apportionment section 104(b)(3) may not be transferred to any other apportionment of the State under section 104 or 144 for such fiscal year, then the State may transfer not to exceed 50 percent of such apportionment or set aside to any