2013 US Code
Title 49 - Transportation
Subtitle I - DEPARTMENT OF TRANSPORTATION (§§ 101 - 727)
Chapter 3 - GENERAL DUTIES AND POWERS (§§ 301 - 354)
Subchapter I - DUTIES OF THE SECRETARY OF TRANSPORTATION (§§ 301 - 309)
Section 304 - Application of categorical exclusions for multimodal projects
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION Sec. 304 - Application of categorical exclusions for multimodal projects |
Contains | section 304 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 97-449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 112-141, div. A, title I, §1314(a), July 6, 2012, 126 Stat. 547. |
Presidential Document Number References | Executive Order 11340 |
Statutes at Large References | 80 Stat. 931, 934 83 Stat. 852 96 Stat. 2419 126 Stat. 547 |
Public Law References | Public Law 89-670, Public Law 91-190, Public Law 97-449, Public Law 112-141 |
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(a)
(1)
(2)
(A) is the lead authority over a proposed multimodal project; and
(B) has determined that the components of the project that fall under the modal expertise of the lead authority—
(i) satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act.
(3)
(b)
(c)
(1) the multimodal project is funded under 1 grant agreement administered by the lead authority;
(2) the multimodal project has components that require the expertise of a cooperating authority to assess the environmental impacts of the components;
(3) the component of the project to be covered by the categorical exclusion of the cooperating authority has independent utility;
(4) the cooperating authority, in consultation with the lead authority—
(A) follows implementing regulations or procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) determines that a categorical exclusion under that Act applies to the components; and
(5) the lead authority has determined that—
(A) the project, using the categorical exclusions of the lead authority and each applicable cooperating authority, does not individually or cumulatively have a significant impact on the environment; and
(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d)
(1)
(2)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 112–141, div. A, title I, §1314(a), July 6, 2012, 126 Stat. 547.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, Pub. L. 89–670, §4(g), 80 Stat. 934. |
304(b) | 49:1653(g) (3d sentence). |
In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.
In subsection (a)(4), the word "ensure" is substituted for "assure" as being more precise. The words "of the United States Government" are substituted for "Federal", and the words "United States" are substituted for "national", for clarity and consistency.
In subsection (b), the words "The Secretaries shall report on April 1 of each year" are substituted for "They shall, within one year after the effective date of the Act, and annually thereafter, report" to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word "consider" is substituted for "determine" for consistency.
REFERENCES IN TEXTThe National Environmental Policy Act of 1969, referred to in subsecs. (a)(2)(B)(i), (c)(4)(A), (5)(B), and (d)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
AMENDMENTS2012–Pub. L. 112–141 amended section generally. Prior to amendment, section related to joint activities with the Secretary of Housing and Urban Development.
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112–141 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 Title 23, Highways.
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