49 U.S.C. § 304

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.

April 1, 1967Pub. L. 89–67080 Stat. 931March 30, 1967In 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 , as the effective date of the Department of Transportation Act (, ) by Executive Order No. 11340, (32 F.R. 5443). The word “consider” is substituted for “determine” for consistency.

Editorial Notes

References in Text

Pub. L. 91–190Jan. 1, 197083 Stat. 852section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2) and (c), is , , , 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 and Tables.

Amendments

Pub. L. 114–94, § 1310(1)(A)2015—Subsec. (a)(1). , substituted “operating administration or secretarial office that has expertise but” for “operating authority that” and inserted “proposed multimodal” after “with respect to a”.

Pub. L. 114–94, § 1310(1)(B)Subsec. (a)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘lead authority’ means a Department of Transportation operating administration or secretarial office that—

“(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—

42 U.S.C. 4321“(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 ( et seq.); and

“(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act.”

Pub. L. 114–94, § 1310(2)Subsec. (b). , inserted “or title 23” after “under this title”.

Pub. L. 114–94, § 1310(3)Subsec. (c). , added subsec. (c) and struck out former subsec. (c) which related to application of categorical exclusions for multimodal projects.

Pub. L. 114–94, § 1310(3)Subsec. (d). , added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:

In general“(1) .—A cooperating authority shall provide modal expertise to the lead authority on such aspects of the multimodal project in which the cooperating authority has expertise.

Use of categorical exclusion42 U.S.C. 4321“(2) .—In a case described in paragraph (1), the 1 or more categorical exclusions of a cooperating authority may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the implementing regulations or procedures of the cooperating authority under the National Environmental Policy Act of 1969 ( et seq.) and this section.”

Pub. L. 112–1412012– amended section generally. Prior to amendment, section related to joint activities with the Secretary of Housing and Urban Development.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–94Oct. 1, 2015section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 2012 Amendment

Pub. L. 112–141Oct. 1, 2012section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.