Environmental Review Provisions in BIL/IIJA Questions and Answers (Q&A)
Publication Date: September 8, 2022
In November 2021, the Bipartisan Infrastructure Law (BIL) was signed into law, enacted as the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58). The BIL modified the environmental requirements at 23 U.S.C. § 139 (Efficient environmental reviews for project decisionmaking and One Federal Decision), which is followed by the Federal Highway Administration, Federal Railroad Administration, and Federal Transit Administration. The BIL also modified 23 U.S.C. § 138 (Section 4(f) Requirements) and added a new 23 U.S.C. § 157 (National Environmental Policy Act (NEPA) Reporting Program). This interim guidance provides Agency staff and project sponsors with direction regarding the changes to these processes.