MAP-21 Section 1306 Financial Penalties Guidance
The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) are issuing joint guidance on the implementation of the financial penalty provisions contained in Section 1306 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The financial penalty provisions require Federal agencies of jurisdiction (Reviewing Agency) to render a decision on a permit, license, or other approval related to a transportation project within 180 days from the later of the date FHWA or FTA issue a Record of Decision or Finding of No Significant Impacts for a project, or the date on which an application for a permit, license, or approval for the project is complete. If the Reviewing Agency does not render a decision by the 180-day deadline, it is subject to a rescission of funds of $10,000 or $20,000 per week until the Reviewing Agency renders a decision. The FHWA and FTA have the authority to grant ``no-fault'' certifications if the Reviewing Agency's failure to decide was due to circumstances beyond its control. You may review the guidance by visiting FHWA's Web site at http://www.fhwa.dot.gov/map21, or FTA's Web site at http://www/fta.dot.gov/map21.