TEA-21 allowed States to use title 23 funds to establish staff positions at resource and regulatory agencies to facilitate environmental review and permitting for transportation projects and adhere to project deadlines. |
SAFETEA-LU further allowed States to enter into voluntary, interagency and/or inter-governmental agreements with Federal and State agencies (including U.S. DOT) and Indian tribes to expedite and improve the review of transportation projects receiving financial assistance under title 23. It also identifies various activities for which States may use Federal-aid funding to accelerate project delivery (Section 6002, as codified at 23 U.S.C. 139(j)). |
MAP-21 set forth new requirement for States and Federal agencies receiving funding for dedicated staffing to establish a Memorandum of Understanding (MOU) that indicates the projects and priorities to be addressed by the use of the funds (Section 1307, as codified at 23 U.S.C. 139(j)(6)). |
The FAST Act broadens The MAP-21 provision (under Section 1304(i)) so that an agreement, and not necessarily an MOU, is required and that such agreement may present a process to identify projects and priorities to be addressed by the funding as opposed to naming specific projects and priorities directly. |