23 U.S.C. § 167 — National highway freight program

Page 286 TITLE 23—HIGHWAYS § 167 Editorial Notes REFERENCES IN TEXT Section 30D(d)(1) of the Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A)(ii), is classified to section 30D(d)(1) of Title 26, Internal Revenue Code. The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–58, § 11525(k), made technical amendment to style of par. heading. Subsec. (b)(6). Pub. L. 117–58, § 11527, added par. (6). 2015—Pub. L. 114–94, § 1411(b)(1), substituted ‘‘the au- thority’’ for ‘‘the agency’’ wherever appearing. Subsec. (a)(1). Pub. L. 114–94, § 1411(b)(2), substituted ‘‘authority of public authorities’’ for ‘‘Authority of state agencies’’ in heading and ‘‘public authority’’ for ‘‘State agency’’ in text. Subsec. (b). Pub. L. 114–94, § 1411(b)(3)(A), substituted ‘‘public authority’’ for ‘‘State agency’’ wherever ap- pearing. Subsec. (b)(3)(C). Pub. L. 114–94, § 1411(b)(3)(B), added subpar. (C). Subsec. (b)(4)(C)(iii). Pub. L. 114–94, § 1411(b)(3)(C), added cl. (iii). Subsec. (b)(5)(A). Pub. L. 114–94, § 1411(b)(3)(D)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘Before Sep- tember 30, 2017, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311–93 of title 40, Code of Federal Regulations (or successor regulations), and are labeled in accordance with section 88.312–93 of such title (or successor regulations), to use the HOV facility if the agency establishes procedures for enforcing the restric- tions on the use of the facility by the vehicles.’’ Subsec. (b)(5)(B). Pub. L. 114–94, § 1411(b)(3)(D)(ii), sub- stituted ‘‘2019’’ for ‘‘2017’’ in introductory provisions. Subsec. (c)(1). Pub. L. 114–94, § 1411(b)(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘Tolls may be charged under para- graphs (4) and (5) of subsection (b) notwithstanding sec- tion 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129.’’ Subsec. (c)(2), (3). Pub. L. 114–94, § 1411(b)(4)(B), redes- ignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Notwithstanding section 129, tolls may be charged under paragraphs (4) and (5) of subsection (b) on a HOV facility on the Interstate System.’’ Subsec. (d)(1). Pub. L. 114–94, § 1411(b)(5)(A), sub- stituted ‘‘public authority’’ for ‘‘State agency’’ in in- troductory provisions. Subsec. (d)(1)(D) to (F). Pub. L. 114–94, § 1411(b)(5)(B), added subpars. (D) to (F) and struck out former sub- pars. (D) and (E), which related to maintenance of oper- ating performance and compliance, respectively. Subsec. (d)(2)(C). Pub. L. 114–94, § 1411(b)(5)(A), sub- stituted ‘‘public authority’’ for ‘‘State agency’’. Subsec. (f)(1). Pub. L. 114–94, § 1411(b)(6)(A), inserted ‘‘solely’’ before ‘‘operating’’ in introductory provisions. Subsec. (f)(4). Pub. L. 114–94, § 1411(b)(6)(E), added par. (4). Former par. (4) redesignated (6). Subsec. (f)(4)(B)(iii). Pub. L. 114–94, § 1411(b)(6)(B), sub- stituted ‘‘public authority’’ for ‘‘State agency’’. Subsec. (f)(5). Pub. L. 114–94, § 1411(b)(6)(C), (E), added par. (5) and struck out former par. (5). Prior to amend- ment, text read as follows: ‘‘(A) IN GENERAL.—The term ‘State agency’, as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility. ‘‘(B) INCLUSION.—The term ‘State agency’ includes a State transportation department.’’ Subsec. (f)(6). Pub. L. 114–94, § 1411(b)(6)(D), redesig- nated par. (4) as (6). Subsec. (g). Pub. L. 114–94, § 1411(b)(7), added subsec. (g). 2012—Subsec. (b)(5)(A), (B). Pub. L. 112–141, § 1514(1)(A), (B), substituted ‘‘2017’’ for ‘‘2009’’. Subsec. (b)(5)(C). Pub. L. 112–141, § 1514(1)(C), sub- stituted ‘‘this paragraph’’ for ‘‘subparagraph (B)’’ and inserted ‘‘or equal to’’ after ‘‘less than’’. Subsec. (c)(3). Pub. L. 112–141, § 1514(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘If a State agency makes a certifi- cation under section 129(a)(3) with respect to toll reve- nues collected under paragraphs (4) and (5) of sub- section (b), the State, in the use of toll revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occu- pancy vehicle travel and projects for improving high- way safety.’’ Subsec. (d)(1). Pub. L. 112–141, § 1514(3)(A), in introduc- tory provisions, substituted ‘‘shall submit to the Sec- retary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and cer- tify’’ for ‘‘in a fiscal year shall certify’’ and struck out ‘‘in the fiscal year’’ before the colon. Subsec. (d)(1)(A). Pub. L. 112–141, § 1514(3)(B), inserted ‘‘and submitting to the Secretary annual reports of those impacts’’ before period at end. Subsec. (d)(1)(C). Pub. L. 112–141, § 1514(3)(C), sub- stituted ‘‘whenever the operation of the facility is de- graded’’ for ‘‘if the presence of the vehicles has de- graded the operation of the facility’’. Subsec. (d)(1)(D), (E). Pub. L. 112–141, § 1514(3)(D), added subpars. (D) and (E). 2008—Subsec. (b)(5)(C). Pub. L. 110–244 substituted ‘‘paragraph (4)’’ for ‘‘paragraph (3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. § 167. National highway freight program (a) IN GENERAL.— (1) POLICY.—It is the policy of the United States to improve the condition and perform- ance of the National Highway Freight Net- work established under this section to ensure that the Network provides the foundation for the United States to compete in the global economy and achieve the goals described in subsection (b). (2) ESTABLISHMENT.—In support of the goals described in subsection (b), the Administrator of the Federal Highway Administration shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the National Highway Freight Network. (b) GOALS.—The goals of the national highway freight program are— (1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that— Page 287 TITLE 23—HIGHWAYS § 167 (A) strengthen the contribution of the Na- tional Highway Freight Network to the eco- nomic competitiveness of the United States; (B) reduce congestion and bottlenecks on the National Highway Freight Network; (C) reduce the cost of freight transpor- tation; (D) improve the year-round reliability of freight transportation; and (E) increase productivity, particularly for domestic industries and businesses that cre- ate high-value jobs; (2) to improve the safety, security, effi- ciency, and resiliency of freight transpor- tation in rural and urban areas; (3) to improve the state of good repair of the National Highway Freight Network; (4) to use innovation and advanced tech- nology to improve the safety, efficiency, and reliability of the National Highway Freight Network; (5) to improve the efficiency and produc- tivity of the National Highway Freight Net- work; (6) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to in- crease the ability of States to address highway freight connectivity; and (7) to reduce the environmental impacts of freight movement on the National Highway Freight Network. (c) ESTABLISHMENT OF NATIONAL HIGHWAY FREIGHT NETWORK.— (1) IN GENERAL.—The Administrator shall es- tablish a National Highway Freight Network in accordance with this section to strategi- cally direct Federal resources and policies to- ward improved performance of the Network. (2) NETWORK COMPONENTS.—The National Highway Freight Network shall consist of— (A) the primary highway freight system, as designated under subsection (d); (B) critical rural freight corridors estab- lished under subsection (e); (C) critical urban freight corridors estab- lished under subsection (f); and (D) the portions of the Interstate System not designated as part of the primary high- way freight system. (d) DESIGNATION AND REDESIGNATION OF THE PRIMARY HIGHWAY FREIGHT SYSTEM.— (1) INITIAL DESIGNATION OF PRIMARY HIGHWAY FREIGHT SYSTEM.—The initial designation of the primary highway freight system shall be the 41,518-mile network identified during the designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the date of enactment of the FAST Act. (2) REDESIGNATION OF PRIMARY HIGHWAY FREIGHT SYSTEM.— (A) IN GENERAL.—Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designa- tion factors described in subparagraph (E), the Administrator shall redesignate the pri- mary highway freight system. (B) REDESIGNATION MILEAGE.—Each redes- ignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system. (C) USE OF MEASURABLE DATA.—In redesig- nating the primary highway freight system, to the maximum extent practicable, the Ad- ministrator shall use measurable data to as- sess the significance of goods movement, in- cluding consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains. (D) INPUT.—In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration. (E) FACTORS FOR REDESIGNATION.—In redes- ignating the primary highway freight sys- tem, the Administrator shall consider— (i) changes in the origins and destina- tions of freight movement in, to, and from the United States; (ii) changes in the percentage of annual daily truck traffic in the annual average daily traffic on principal arterials; (iii) changes in the location of key facili- ties; (iv) land and water ports of entry; (v) access to energy exploration, develop- ment, installation, or production areas; (vi) access to other freight intermodal facilities, including rail, air, water, and pipelines facilities; (vii) the total freight tonnage and value moved via highways; (viii) significant freight bottlenecks, as identified by the Administrator; (ix) the significance of goods movement on principal arterials, including consider- ation of global and domestic supply chains; (x) critical emerging freight corridors and critical commerce corridors; and (xi) network connectivity. (e) CRITICAL RURAL FREIGHT CORRIDORS.— (1) IN GENERAL.—A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road is not in an urbanized area and— (A) is a rural principal arterial roadway and has a minimum of 25 percent of the an- nual average daily traffic of the road meas- ured in passenger vehicle equivalent units from trucks (Federal Highway Administra- tion vehicle class 8 to 13); (B) provides access to energy exploration, development, installation, or production areas; (C) connects the primary highway freight system, a roadway described in subpara- graph (A) or (B), or the Interstate System to facilities that handle more than— (i) 50,000 20-foot equivalent units per year; or (ii) 500,000 tons per year of bulk commod- ities; (D) provides access to— (i) a grain elevator; (ii) an agricultural facility; Page 288 TITLE 23—HIGHWAYS § 167 (iii) a mining facility; (iv) a forestry facility; or (v) an intermodal facility; (E) connects to an international port of entry; (F) provides access to significant air, rail, water, or other freight facilities in the State; or (G) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State. (2) LIMITATION.—A State may designate as critical rural freight corridors a maximum of 300 miles of highway or 20 percent of the pri- mary highway freight system mileage in the State, whichever is greater. (3) RURAL STATES.—Notwithstanding para- graph (2), a State with a population per square mile of area that is less than the national av- erage, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the pri- mary highway freight system mileage in the State, whichever is greater. (f) CRITICAL URBAN FREIGHT CORRIDORS.— (1) URBANIZED AREA WITH POPULATION OF 500,000 OR MORE.—In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organi- zation, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor. (2) URBANIZED AREA WITH A POPULATION LESS THAN 500,000.—In an urbanized area with a popu- lation of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may des- ignate a public road within the borders of that area of the State as a critical urban freight corridor. (3) REQUIREMENTS FOR DESIGNATION.—A des- ignation may be made under paragraph (1) or (2) if the public road— (A) is in an urbanized area, regardless of population; and (B)(i) connects an intermodal facility to— (I) the primary highway freight system; (II) the Interstate System; or (III) an intermodal freight facility; (ii) is located within a corridor of a route on the primary highway freight system and provides an alternative highway option im- portant to goods movement; (iii) serves a major freight generator, lo- gistic center, or manufacturing and ware- house industrial land; or (iv) is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State. (4) LIMITATION.—For each State, a maximum of 150 miles of highway or 10 percent of the primary highway freight system mileage in the State, whichever is greater, may be des- ignated as a critical urban freight corridor under paragraphs (1) and (2). (g) DESIGNATION AND CERTIFICATION.— (1) DESIGNATION.—States and metropolitan planning organizations may designate cor- ridors under subsections (e) and (f) and submit the designated corridors to the Administrator on a rolling basis. (2) CERTIFICATION.—Each State or metropoli- tan planning organization that designates a corridor under subsection (e) or (f) shall cer- tify to the Administrator that the designated corridor meets the requirements of the appli- cable subsection. (h) USE OF APPORTIONED FUNDS.— (1) IN GENERAL.—A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network. (2) FORMULA.—The Administrator shall cal- culate for each State the proportion that— (A) the total mileage in the State des- ignated as part of the primary highway freight system; bears to (B) the total mileage of the primary high- way freight system in all States. (3) USE OF FUNDS.— (A) STATES WITH HIGH PRIMARY HIGHWAY FREIGHT SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may ob- ligate funds apportioned to the State under section 104(b)(5) for projects on— (i) the primary highway freight system; (ii) critical rural freight corridors; and (iii) critical urban freight corridors. (B) STATES WITH LOW PRIMARY HIGHWAY FREIGHT SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds appor- tioned to the State under section 104(b)(5) for projects on any component of the Na- tional Highway Freight Network. (4) FREIGHT PLANNING.—Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds appor- tioned to the State under section 104(b)(5) un- less the State has developed a freight plan in accordance with section 70202 of title 49, ex- cept that the multimodal component of the plan may be incomplete before an obligation may be made under this section. (5) ELIGIBILITY.— (A) IN GENERAL.—Except as provided in this subsection, for a project to be eligible for funding under this section the project shall— (i) contribute to the efficient movement of freight on the National Highway Freight Network; and (ii) be identified in a freight investment plan included in a freight plan of the State that is in effect. (B) OTHER PROJECTS.—For each fiscal year, a State may obligate not more than 30 per- cent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects— (i) within the boundaries of public or pri- vate freight rail or water facilities (includ- ing ports); Page 289 TITLE 23—HIGHWAYS § 167 (ii) that provide surface transportation infrastructure necessary to facilitate di- rect intermodal interchange, transfer, and access into or out of the facility; (iii) for the modernization or rehabilita- tion of a lock and dam, if the Secretary de- termines that the project— (I) is functionally connected to the Na- tional Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and (iv) on a marine highway corridor, con- nector, or crossing designated by the Sec- retary under section 55601(c) of title 46 (in- cluding an inland waterway corridor, con- nector, or crossing), if the Secretary deter- mines that the project— (I) is functionally connected to the Na- tional Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions. (C) ELIGIBLE PROJECTS.—Funds appor- tioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following: (i) Development phase activities, includ- ing planning, feasibility analysis, revenue forecasting, environmental review, pre- liminary engineering and design work, and other preconstruction activities. (ii) Construction, reconstruction, reha- bilitation, acquisition of real property (in- cluding land relating to the project and improvements to land), construction con- tingencies, acquisition of equipment, and operational improvements directly relat- ing to improving system performance. (iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems. (iv) Efforts to reduce the environmental impacts of freight movement. (v) Environmental and community miti- gation for freight movement. (vi) Railway-highway grade separation. (vii) Geometric improvements to inter- changes and ramps. (viii) Truck-only lanes. (ix) Climbing and runaway truck lanes. (x) Adding or widening of shoulders. (xi) Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note). (xii) Real-time traffic, truck parking, roadway condition, and multimodal trans- portation information systems. (xiii) Electronic screening and credentialing systems for vehicles, includ- ing weigh-in-motion truck inspection tech- nologies. (xiv) Traffic signal optimization, includ- ing synchronized and adaptive signals. (xv) Work zone management and infor- mation systems. (xvi) Highway ramp metering. (xvii) Electronic cargo and border secu- rity technologies that improve truck freight movement. (xviii) Intelligent transportation sys- tems that would increase truck freight ef- ficiencies inside the boundaries of inter- modal facilities. (xix) Additional road capacity to address highway freight bottlenecks. (xx) Physical separation of passenger ve- hicles from commercial motor freight. (xxi) Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports na- tional energy security, to improve the flow of freight. (xxii) A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network. (xxiii) Any other surface transportation project to improve the flow of freight into and out of a facility described in subpara- graph (B). (6) OTHER ELIGIBLE COSTS.—In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under sec- tion 104(b)(5) for— (A) carrying out diesel retrofit or alter- native fuel projects under section 149 for class 8 vehicles; and (B) the necessary costs of— (i) conducting analyses and data collec- tion related to the national highway freight program; (ii) developing and updating performance targets to carry out this section; and (iii) reporting to the Administrator to comply with the freight performance tar- get under section 150. (7) APPLICABILITY OF PLANNING REQUIRE- MENTS.—Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. (i) STATE PERFORMANCE TARGETS.—If the Ad- ministrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight move- ment of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall include in the next report sub- mitted under section 150(e) a description of the actions the State will undertake to achieve the targets, including— (1) an identification of significant freight system trends, needs, and issues within the State; (2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State; (3) an inventory of freight bottlenecks with- in the State and a description of the ways in which the State is allocating national high- way freight program funds to improve those bottlenecks; and (4) a description of the actions the State will undertake to meet the performance targets of the State. (j) INTELLIGENT FREIGHT TRANSPORTATION SYS- TEM.— Page 290 TITLE 23—HIGHWAYS § 168 1 So in original. (1) DEFINITION OF INTELLIGENT FREIGHT TRANSPORTATION SYSTEM.—In this section, the term ‘‘intelligent freight transportation sys- tem’’ means— (A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight trans- portation facilities— (i) in proximity to, or within, an existing right of way on a Federal-aid highway; or (ii) that connect land ports-of entry 1 to existing Federal-aid highways; or (B) communications or information proc- essing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes. (2) OPERATING STANDARDS.—The Adminis- trator shall determine whether there is a need for establishing operating standards for intel- ligent freight transportation systems. (k) TREATMENT OF FREIGHT PROJECTS.—Not- withstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Fed- eral-aid highway. (Added Pub. L. 112–141, div. A, title I, § 1115(a), July 6, 2012, 126 Stat. 468; amended Pub. L. 114–94, div. A, title I, § 1116(a), Dec. 4, 2015, 129 Stat. 1349; Pub. L. 117–58, div. A, title I, § 11114, title III, § 13006(f), Nov. 15, 2021, 135 Stat. 479, 639.) Editorial Notes REFERENCES IN TEXT The date of enactment of the FAST Act, referred to in subsecs. (d)(1), (2)(A) and (h)(4), is the date of enact- ment of Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2021—Subsec. (e)(2). Pub. L. 117–58, § 11114(1)(A), sub- stituted ‘‘300 miles’’ for ‘‘150 miles’’. Subsec. (e)(3). Pub. L. 117–58, § 11114(1)(B), added par. (3). Subsec. (f)(4). Pub. L. 117–58, § 11114(2), substituted ‘‘150 miles’’ for ‘‘75 miles’’. Subsecs. (h), (i). Pub. L. 117–58, § 13006(f), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: ‘‘Not later than 2 years after the date of enactment of the FAST Act, and biennially thereafter, the Administrator shall prepare and submit to Congress a report that describes the con- ditions and performance of the National Highway Freight Network in the United States.’’ Subsec. (i)(5)(B). Pub. L. 117–58, § 11114(3)(A), sub- stituted ‘‘30 percent’’ for ‘‘10 percent’’ in introductory provisions. Subsec. (i)(5)(B)(iii), (iv). Pub. L. 117–58, § 11114(3)(B)–(D), added cls. (iii) and (iv). Subsecs. (j) to (l). Pub. L. 117–58, § 13006(f)(2), redesig- nated subsecs. (j) to (l) as (i) to (k), respectively. 2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to national freight pol- icy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. FREIGHT MOVEMENT PROJECTS, ADVISORY COMMITTEES, AND PLANS Pub. L. 112–141, div. A, title I, §§ 1116–1118, July 6, 2012, 126 Stat. 472, 473, which related to prioritization of projects to improve freight movement, State freight advisory committees, and State freight plans, was re- pealed by Pub. L. 114–94, div. A, title I, § 1116(c), Dec. 4, 2015, 129 Stat. 1356. § 168. Integration of planning and environmental review (a) DEFINITIONS.—In this section, the following definitions apply: (1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘‘environmental review process’’ has the meaning given the term in section 139(a). (2) LEAD AGENCY.—The term ‘‘lead agency’’ has the meaning given the term in section 139(a). (3) PLANNING PRODUCT.—The term ‘‘planning product’’ means a decision, analysis, study, or other documented information that is the re- sult of an evaluation or decisionmaking proc- ess carried out by a metropolitan planning or- ganization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively. (4) PROJECT.—The term ‘‘project’’ has the meaning given the term in section 139(a). (5) PROJECT SPONSOR.—The term ‘‘project sponsor’’ has the meaning given the term in section 139(a). (6) RELEVANT AGENCY.—The term ‘‘relevant agency’’ means the agency with authority under subparagraph (A) or (B) of subsection (b)(1). (b) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING PRODUCTS FOR USE IN NEPA PRO- CEEDINGS.— (1) IN GENERAL.—Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project: (A) The lead agency for a project, with re- spect to an environmental impact state- ment, 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) The cooperating agency with responsi- bility under Federal law, with respect to the