SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§301. Leadership, consultation, and cooperation
The Secretary of Transportation shall—
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 49:1653(a). | Oct. 15, 1966, |
In the introductory clause before "shall", the words "in carrying out the purposes of this chapter . . . among his responsibilities" are omitted as surplus.
In clause (4), the word "compiling" is substituted for "gathering" for consistency.
Editorial Notes
Amendments
1998—Par. (9).
1991—Pars. (3) to (5).
Par. (6).
Pars. (7), (8).
Statutory Notes and Related Subsidiaries
Geomatic Data
"(a)
"(b)
"(c)
"(1) notice of the proposed guidance; and
"(2) an opportunity to comment on the proposed guidance.
"(d)
"(1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or
"(2) changes the current statutory or regulatory requirements of the Department [of Transportation]."
Risk and System Resilience
"(a)
"(1) resilience to threat probabilities by type of hazard and geographical location;
"(2) resilience to asset vulnerabilities with respect to each applicable threat; and
"(3) anticipated consequences from each applicable threat to each asset.
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and
"(B) build on existing resilience research, including studies conducted by—
"(i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and
"(ii) the National Institute of Standards and Technology.
"(2)
Safety Data Initiative
"(a)
"(1) a State;
"(2) a unit of local government;
"(3) a transit agency or authority;
"(4) a metropolitan planning organization;
"(5) any other subdivision of a State or local government;
"(6) an institution of higher education; and
"(7) a multi-State or multijurisdictional group.
"(b)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I) carry out demonstration programs;
"(II) award grants and provide incentives to eligible entities;
"(III) enter into partnerships with—
"(aa) eligible entities;
"(bb) private sector entities; and
"(cc) National Laboratories; and
"(IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes.
"(B)
"(i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis;
"(ii)(I) identify innovative State and local government practices;
"(II) incubate those practices for further development; and
"(III) replicate those practices nationwide; and
"(iii) transfer to State and local governments the results of the applied research carried out under that subparagraph.
"(C)
"(i)
"(I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and
"(II) leverage data from private sector entities.
"(ii)
"(I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and
"(II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data.
"(iii)
"(I) the Director of the Bureau of Transportation Statistics;
"(II) 1 or more trusted third parties, as determined by the Secretary; or
"(III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data.
"(3)
"(A)
"(i) the Under Secretary of Transportation for Policy;
"(ii) the Chief Information Officer of the Department [of Transportation];
"(iii) the Administrator of the National Highway Traffic Safety Administration;
"(iv) the Administrator of the Federal Highway Administration;
"(v) the Administrator of the Federal Motor Carrier Safety Administration;
"(vi) the Administrator of the Federal Transit Administration; and
"(vii) the Administrator of the Federal Railroad Administration.
"(B)
"(C)
"(4)
"(A) the date that is 1 year after the date of enactment of this Act; and
"(B) the date on which the Secretary makes the direction to officials described in paragraph (3)(C)."
GAO Cybersecurity Recommendations
"(a)
"(1) by developing a cybersecurity risk management strategy for the systems and information of the Department [of Transportation];
"(2) by updating policies to address an organization-wide risk assessment; and
"(3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions.
"(b)
"(1) reviewing positions in the Department; and
"(2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework.
"(c)
"(1)
"(2)
"(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department;
"(B) the extent to which officials of the Department—
"(i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and
"(ii) hold managers accountable for cybersecurity within the components of the Department; and
"(C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate."
Performance Measurement, Transparency, and Accountability
"(1) develop metrics to assess the effectiveness of the activities funded by the grant;
"(2) establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and
"(3) not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2)."
National Advisory Committee on Travel and Tourism Infrastructure
"(a)
"(1) 1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;
"(2) the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;
"(3) international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;
"(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and
"(5) the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.
"(b)
"(c)
"(1) be composed of members appointed by the Secretary for terms of not more than 3 years; and
"(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—
"(A) the travel and tourism industry, product and service providers, and travel and tourism-related associations;
"(B) travel, tourism, and destination marketing organizations;
"(C) the travel and tourism-related workforce;
"(D) State tourism offices;
"(E) State departments of transportation;
"(F) regional and metropolitan planning organizations; and
"(G) local governments.
"(d)
"(1) advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;
"(2) serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;
"(3) promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;
"(4) gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—
"(A) is safe, economical, and efficient; and
"(B) maximizes the benefits to the United States generated through the travel and tourism industry;
"(5) identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;
"(6) provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;
"(7) provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and
"(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.
"(e)
"(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and
"(2) that includes—
"(A) an assessment of the condition and performance of the national transportation network, including consideration of the impacts of the COVID–19 pandemic;
"(B) an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;
"(C) forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;
"(D) an identification of the major transportation facilities and corridors of regional significance for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
"(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);
"(F) best practices for improving the performance of the national transportation network;
"(G) strategies to improve intermodal connectivity for long-haul passenger travel and tourism; and
"(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less-traveled, roads that promote tourism and economic development throughout the United States."
Collaboration and Support
Public-Private Partnerships
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
Vessel Transfer Authority
Budget Justification
Coordinated Transportation Services
Establishment of Nationwide Differential Global Positioning System
"(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as 'GWEN') as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the 'Nationwide Differential Global Positioning System' (referred to in this section as 'NDGPS').
"(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—
"(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);
"(2) to the maximum extent practicable, use contractor services to install the NDGPS;
"(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);
"(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as 'CORS') system of the National Geodetic Survey of the Department of Commerce; and
"(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.
"(c) The Secretary of Transportation may—
"(1) manage and operate the NDGPS;
"(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and
"(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.
"(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.
"(e) The Secretary of Transportation may—
"(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments—
"(A) investigate improvements (including potential improvements) to the NDGPS;
"(B) develop standards for the NDGPS; and
"(C) sponsor the development of new applications for the NDGPS; and
"(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of—
"(A) the Federal Government;
"(B) State and local governments; and
"(C) the general public."
Intermodal Transportation Advisory Board and Office of Intermodalism
Model Intermodal Transportation Plans
National Commission on Intermodal Transportation
Border Crossings
Underground Pipelines
Long-Range National Transportation Strategic Planning Study
Executive Documents
Commercial Expendable Launch Vehicle Activities
Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under
Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, §2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.
(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.
(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.
George W. Bush.
§302. Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs—
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302(a) | 49:1653(b)(1). | Oct. 15, 1966, |
| 302(b) | 49:1653(b)(2). | |
| 302(c) | 49:1653(b)(3). |
In subsection (a), the words "In carrying out his duties and responsibilities under this chapter" before "Secretary of Transportation" are omitted as surplus. The words "the transportation policy of
In subsection (c), the words "In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter" before "Secretary" are omitted as surplus. The word "consider" is substituted for "give full consideration to" to eliminate surplus words. The words "for operational continuity of the functions transferred" after "the needs" are omitted as executed.
Editorial Notes
Amendments
1995—Subsec. (a).
1994—Subsec. (b).
1991—Subsec. (d).
Subsec. (e).
1984—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by section 1036(a) of
§303. Policy on lands, wildlife and waterfowl refuges, and historic sites
(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c)
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
(d)
(1)
(A)
(B)
(C)
(2)
(A) the Secretary has determined, in accordance with the consultation process required under
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3)
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(e)
(1)
(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (
(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the "Council") to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
(2)
(A)
(i) include the determination of the Secretary in the analysis required under that Act;
(ii) provide a notice of the determination to—
(I) each applicable State historic preservation officer and tribal historic preservation officer;
(II) the Council, if the Council is participating in the consultation process under
(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).
(B)
(C)
(i) be included in the record of decision or finding of no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
(3)
(A)
(B)
(f)
(1)
(2)
(g)
(h)
(1)
(2)
(A)
(i) stations; or
(ii) bridges or tunnels located on—
(I) railroad lines that have been abandoned; or
(II) transit lines that are not in use.
(B)
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a) | 49:1651(b)(2). | Oct. 15, 1966, |
| 49:1653(f) (1st sentence). | Oct. 15, 1966, |
|
| 303(b) | 49:1653(f) (2d sentence). | |
| 303(c) | 49:1653(f) (less 1st, 2d sentences). |
In subsection (a), the words "hereby declared to be" before "the policy" are omitted as surplus. The words "of the United States Government" are substituted for "national" for clarity and consistency.
In subsection (b), the words "crossed by transportation activities or facilities" are substituted for "traversed" for clarity.
In subsection (c), before clause (1), the words "After August 23, 1968" after "Secretary" are omitted as executed. The word "transportation" is inserted before "program" for clarity. In clause (2), the words "or project" are added for consistency.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (e)(1)(A), (2)(A), is
The date of enactment of this subsection, referred to in subsec. (e)(1)(B), is the date of enactment of
Amendments
2015—Subsec. (c).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
2014—Subsec. (d)(2)(A).
2005—Subsec. (c).
Subsec. (d).
1987—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Treatment of Military Flight Operations
1 See References in Text note below.
2 So in original. The words ", United States Code" probably should not appear.
§303a. Development of water transportation
(a)
(1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and
(2) to foster and preserve rail and water transportation.
(b)
(c)
(1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States;
(2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically;
(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities;
(4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which—
(A) the waterways are being used to their capacity and are meeting the demands of traffic; and
(B) water carriers using those waterways are interchanging traffic with rail carriers;
(5) investigate other matters that may promote and encourage inland water transportation; and
(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303a | 49 App.:142. | Feb. 28, 1920, ch. 91, §500, |
Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in
In subsection (a)(2), the words "in full vigor both" are omitted as surplus.
In subsection (b), the words "be construed to" are omitted as surplus.
In subsection (c)(1), the word "appropriate" is omitted as surplus. The word "vessels" is substituted for "boats" for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words "the subject of", "apparatus", "appliances in connection therewith", and "or interchange" are omitted as surplus.
In subsection (c)(3), the words "appropriate" and "suitable" are omitted as surplus.
In subsection (c)(6), the words "province and", "from time to time", and "useful statistics, data, and" are omitted as surplus.
Statutory Notes and Related Subsidiaries
Arctic Shipping Federal Advisory Committee
"(a)
"(b)
"(1)
"(2)
"(3) Arctic sea routes.—The term 'Arctic Sea Routes' means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage.
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(B)
"(i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee;
"(ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee;
"(iii) 1 designee of the Secretary of Commerce;
"(iv) 1 designee of the Secretary of State;
"(v) 1 designee of the Secretary of Transportation;
"(vi) 1 designee of the Secretary of Defense;
"(vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation;
"(viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation;
"(ix) 3 Alaska Native Tribal members;
"(x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation;
"(xi) 1 individual representing coastal communities affected by Arctic maritime transportation;
"(xii) 1 individual representing vessels of the United States (as defined in
"(xiii) 1 individual representing the marine safety community;
"(xiv) 1 individual representing the Arctic business community; and
"(xv) 1 individual representing maritime labor organizations.
"(C)
"(i)
"(ii)
"(3)
"(A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law:
"(i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports.
"(ii) Provision of services that are not widely commercially available in the United States Arctic that would—
"(I) improve Arctic maritime safety and environmental protection;
"(II) enhance Arctic maritime domain awareness; and
"(III) support navigation and incident response for vessels transiting the Arctic Sea Routes.
"(iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services.
"(B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and—
"(i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or
"(ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable.
"(C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations.
"(D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes.
"(d)
"(e)
"(f)
"(1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and
"(2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation.
"(g)
§304. Application of categorical exclusions for multimodal projects
(a)
(1)
(2)
(3)
(b)
(c)
(1) the lead authority makes a determination, with the concurrence of the cooperating authority—
(A) on the applicability of a categorical exclusion to a proposed multimodal project; and
(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (
(2) the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and
(3) the lead authority determines that—
(A) the proposed multimodal project 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 that Act.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, |
| 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 (
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2) and (c), is
Amendments
2015—Subsec. (a)(1).
Subsec. (a)(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 (
"(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act."
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(1)
"(2)
2012–
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2012 Amendment
Amendment by
§304a. Accelerated decisionmaking in environmental reviews
(a)
(1) cite the sources, authorities, and reasons that support the position of the agency; and
(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b)
(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(c)
(1)
(2)
(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;
(B) the other operating administration concurs with such decision; and
(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (
(3)
(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;
(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and
(C) the incorporated material does not include proprietary data that is not available for review and comment.
(Added
Statutory Notes and Related Subsidiaries
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(C), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§305. Transportation investment standards and criteria
(a) Subject to sections 301–304 1 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report—
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305(a) | 49:1656(a) (less next-to-last par.). | Oct. 15, 1966, |
| 305(b) | 49:1656 (less (a)). |
In subsection (a), before clause (1), the words "consistent with national transportation policies" after "develop standards and criteria" are omitted as unnecessary because of section 302 of the revised title. The words "Based on experience" are substituted for "in the light of experience", and the words "shall prescribe" are substituted for "be promulgated by the", to conform to other sections of the revised title. The words "from time to time" after "shall revise" are omitted as unnecessary. The words "This subsection does not apply to" are substituted for "except such proposals as are concerned with" for clarity. In clause (1), the words "a department, agency, or instrumentality of the Government" are substituted for "Federal agencies" for clarity and consistency. Similar conforming changes are made throughout the section. The word "services" after "provide transportation" is omitted as unnecessary. In clause (2), the words "48 contiguous States" are substituted for "contiguous United States" for clarity.
The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.
In subsection (b)(2), the words "unit of" before "governments" are omitted as surplus. In clause (3), the word "thereafter" after "send" is omitted as surplus.
Editorial Notes
References in Text
1 See References in Text note below.
§306. Prohibited discrimination
(a) In this section, "financial assistance" includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or
(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.
(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:
(1) direct that no more Federal financial assistance be provided the person.
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 306(a) | 45:803(f). | Feb. 5, 1976, |
| 306(b) | 45:803(a). | |
| 306(c), (d) | 45:803(b). | |
| 306(e) | 45:803(c)–(e). |
In subsection (b), the enumerated laws are substituted for "through financial assistance under this Act", meaning the Rail Revitalization and Regulatory Reform Act of 1976 (
In subsection (c), the word "decides" is substituted for "determines" for consistency. The word "ensure" is substituted for "assure" as being more precise.
In subsection (d), the words "at least one of the following actions" are substituted for "and/or" for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary.
Pub. L. 98–216
This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is
Amendments
2021—Subsec. (b).
1994—Subsec. (b).
1984—Subsec. (b).
§307. Improving State and Federal agency engagement in environmental reviews
(a)
(1)
(2)
(b)
(c)
(d)
(e)
(1)
(2)
(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;
(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and
(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.
(f)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of
Prior Provisions
A prior section 307,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§308. Reports
(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include—
(1) collected information the Secretary considers valuable in deciding questions about—
(A) the development and regulation of civil aeronautics;
(B) the use of airspace of the United States; and
(C) the improvement of the air navigation and traffic control system; and
(2) recommendations for additional legislation and other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
[(d) Repealed.
(e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) | 45:792. | Jan. 2, 1974, |
| 49:1658. | Oct. 15, 1966, |
|
| 308(b) | 49:1354(e). | Aug. 23, 1958, |
| 308(c) | 15:1519a. | Oct. 3, 1980, |
In subsection (a), the words "As part of his annual report each year" in 45:792 are omitted as unnecessary because of the restatement of the source provisions.
In subsection (b), before clause (1), the words "aviation activities of the Department" are substituted for "work performed under this chapter" because of the restatement. The words "The report shall include" are substituted for "Such report shall contain" for consistency. In clause (1), the words "and data" after "information" are omitted as surplus. The words "airspace of the United States" are substituted for "National airspace" for clarity and consistency. In clause (2), the words "the Secretary considers necessary" are substituted for "as may be considered" for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(d) | 49 App.:1654a. | Oct. 14, 1980, |
| 308(e) | 49 App.:1601c. | Jan. 6, 1983, |
This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (
In subsection (e)(1), the words "January of each even-numbered year" are substituted for "January of 1984 and in January of every second year thereafter" to eliminate unnecessary words.
Editorial Notes
Amendments
1998—Subsec. (e)(1).
1995—Subsec. (d).
1984—
Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Annual Report
"(a)
"(1) that is more than 5 years behind schedule; or
"(2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity.
"(b)
"(1) a brief description of the covered project, including—
"(A) the purpose of the covered project;
"(B) each location in which the covered project is carried out;
"(C) the contract or award number of the covered project, if applicable;
"(D) the year in which the covered project was initiated;
"(E) the Federal share of the total cost of the covered project; and
"(F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project;
"(2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project;
"(3) the original expected date for completion of the covered project;
"(4) the current expected date for completion of the covered project;
"(5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and
"(8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project."
Rulemaking Report
"(a)
"(1) has not been finalized by the date on which the relevant notification is submitted under subsection (b); and
"(2) relates to—
"(A)
"(B)
"(C)
"(D)
"(E) a defect reporting requirement under
"(F) subsections (b) and (c) of
"(G) the tire pressure monitoring standards required under section 24115 of the FAST Act (
"(H) the amendment made by section 24402 of the FAST Act (
"(I) the records retention rule required under section 24403 of the FAST Act (
"(J) the amendments made by section 24405 of the FAST Act (
"(K) a defect and noncompliance notification required under—
"(i) section 24104 of the FAST Act (
"(ii) section 31301 of MAP–21 (
"(L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP–21 (
"(M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP–21 (
"(N) the rear seat belt reminder system required under section 31503 of MAP–21 (
"(O) a motorcoach rulemaking required under section 32703 of MAP–21 (
"(P) any rulemaking required under this Act [div. B of
"(b)
"(1) for a covered rulemaking with a statutory deadline for completion—
"(A) an explanation of why the deadline was not met; and
"(B) an expected date of completion of the covered rulemaking; and
"(2) for a covered rulemaking without a statutory deadline for completion, an expected date of completion of the covered rulemaking.
"(c)
"(1) an updated timeline;
"(2) a list of factors causing delays in the completion of the covered rulemaking; and
"(3) any other details associated with the status of the covered rulemaking."
Availability of Reports
"(a)
"(b)
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of
Annual Report on Safety Enforcement Activities of Federal Aviation Administration
§309. High-speed ground transportation
(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term "eligible applicant" means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include—
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the "Policy").
(2) The Policy shall include—
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.
(Added
Editorial Notes
References in Text
Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of
National Magnetic Levitation Prototype Development Program
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),
"(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and
"(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share.
"(4)
"(A)
"(i) 1 member to be appointed by the Secretary,
"(ii) 1 member to be appointed by the Assistant Secretary,
"(iii) 3 members to be appointed by the Senate majority and minority leaders, and
"(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,
shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.
"(B)
"(C)
"(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.
"(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops.
"(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.
"(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.
"(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.
"(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.
"(vii) The project shall have at least 1 switch.
"(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.
"(D)
"(5)
"(A)
"(B)
"(6)
"(7)
§310. Aligning Federal environmental reviews
(a)
(b)
(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;
(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation's statement of a project's purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under a statute or Executive order; and
(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency's environmental or permitting review in order to meet an agency of jurisdiction's obligations under a statute or Executive order.
(c)
(1)
(2)
(A) identify agencies of jurisdiction and cooperating agencies;
(B) develop the information needed for the purpose and need and alternatives for analysis; and
(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.
(d)
(1)
(2)
(A) fully engaged;
(B) utilizing the flexibility of existing regulations, policies, and guidance; and
(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.
(3)
(A) work with State and local transportation entities to improve project planning, siting, and application quality; and
(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.
(4)
(e)
(f)
(1)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(2)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(g)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a), (c)(1), (e), and (f)(1), (2), is the date of enactment of
The National Environmental Policy Act of 1969, referred to in subsec. (a), is
Amendments
2019—Subsec. (f)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§311. Congressional notification requirements
(a)
(b)
(1) at least 3 full business days before the issuance of the allocation; or
(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).
(c)
(1)
(A) the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
(3)
(Added
§312. Alternative timing system
(a)
(1) to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (referred to in this section as "GPS"); and
(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.
(b)
(1)
(2)
(A) be wireless;
(B) be terrestrial;
(C) provide wide-area coverage;
(D) be synchronized with coordinated universal time;
(E) be resilient and extremely difficult to disrupt or degrade;
(F) be able to penetrate underground and inside buildings;
(G) be capable of deployment to remote locations;
(H) be developed, constructed, and operated incorporating applicable private sector expertise;
(I) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems;
(J) be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Government within 10 years of initiation of operation;
(K) be capable of adaptation and expansion to provide position and navigation capabilities;
(L) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and
(M) incorporate such other elements as the Secretary considers appropriate.
(c)
(1)
(A) A plan to develop, construct, and operate the system required by subsection (a).
(B) A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.
(2)
(3)
(d)
(1)
(2)
(e)
(1)
(2)
(A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;
(B) require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;
(C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies;
(D) require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third parties with the Secretary for at least 10 years after the date upon which the Secretary enters into the cooperative agreement;
(E) require the entity—
(i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and
(ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and
(F) require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.
(3)
(4)
(5)
(6)
(Added
Editorial Notes
References in Text
The date of enactment of the National Timing Resilience and Security Act of 2018, referred to in subsecs. (b)(1) and (c)(1), (2), is the date of enactment of section 514 of
Section 1618 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 1618 of
Amendments
2022—Subsec. (a).
2021—
Effective Date of 2021 Amendment
Section 8507(d) of div. G of
Statutory Notes and Related Subsidiaries
Short Title
For short title of section 514 of
1 So in original. The comma probably should not appear.
§313. Nontraditional and Emerging Transportation Technology Council
(a)
(b)
(1)
(A) the Secretary, who shall serve as an ex officio member of the Council;
(B) the Deputy Secretary of Transportation;
(C) the Under Secretary of Transportation for Policy;
(D) the Assistant Secretary for Research and Technology of the Department of Transportation;
(E) the Assistant Secretary for Budget and Programs of the Department of Transportation;
(F) the General Counsel of the Department of Transportation;
(G) the Chief Information Officer of the Department of Transportation;
(H) the Administrator of the Federal Aviation Administration;
(I) the Administrator of the Federal Highway Administration;
(J) the Administrator of the Federal Motor Carrier Safety Administration;
(K) the Administrator of the Federal Railroad Administration;
(L) the Administrator of the Federal Transit Administration;
(M) the Administrator of the Maritime Administration;
(N) the Administrator of the National Highway Traffic Safety Administration;
(O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and
(P) any other official of the Department of Transportation, as determined by the Secretary.
(2)
(A)
(B)
(c)
(1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department of Transportation to reduce, to the maximum extent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to—
(A) safety oversight;
(B) environmental review; and
(C) funding and financing issues;
(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects;
(3) engage with stakeholders in nontraditional and emerging transportation technology projects; and
(4) develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects.
(d)
(1) publish initial guidelines to achieve the purposes described in subsection (c)(4); and
(2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council.
(e)
(f)
(g)
(1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and
(2) arrange for the detailing of staff between modal administrations or offices of the Department of Transportation as needed to maximize the sharing of experience and expertise.
(h)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a) and (d), is the date of enactment of