49 U.S.C. § 304 — Application of categorical exclusions for multimodal projects
submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 356 words · no verdicts yet
For multimodal transportation projects, one Department of Transportation agency can act as the "lead authority" on environmental review, while another agency with relevant expertise serves as a "cooperating authority." The lead authority may apply the cooperating authority's existing environmental categorical exclusions, if both agencies agree the project qualifies and won't significantly harm the environment. The cooperating authority must share its expertise on the project.
(a) Definitions — In this section: (1) A "cooperating authority" is a Department of Transportation operating administration or secretarial office that has expertise but is not the lead authority for a proposed multimodal project. (2) A "lead authority" is the Department of Transportation operating administration or secretarial office with the lead responsibility for complying with the National Environmental Policy Act of 1969 for a proposed multimodal project. (3) "Multimodal project" has the meaning given in section 139(a) of title 23.
(b) Exercise of authorities — These powers may be used for a multimodal project, or a class or program of projects, carried out under this title or title 23.
(c) Application of categorical exclusions for multimodal projects — When considering the environmental impact of a proposed multimodal project, a lead authority may apply categorical exclusions that a cooperating authority has designated under the National Environmental Policy Act of 1969, in that cooperating authority's own implementing regulations or procedures, subject to these conditions: (1) the lead authority, with the cooperating authority's agreement, must determine both that a categorical exclusion applies to the project and that the project meets the conditions for a categorical exclusion under both that Act and this section; (2) the lead authority must follow the cooperating authority's implementing regulations or procedures under that Act; and (3) the lead authority must determine that (A) the proposed project does not, alone or combined with other projects, have a significant impact on the environment, and (B) no extraordinary circumstances exist that would call for more detailed environmental analysis and documentation.
(d) Cooperating authority expertise — A cooperating authority must provide the lead authority with expertise on the aspects of the multimodal project in which the cooperating authority has that expertise.
In this section, the following definitions apply:
The term “cooperating authority” means a Department of Transportation operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project.
The term “lead authority” means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project.
The term “multimodal project” has the meaning given the term in section 139(a) of title 23.
The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title or title 23.
In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that—
the lead authority makes a determination, with the concurrence of the cooperating authority—
on the applicability of a categorical exclusion to a proposed multimodal project; and
that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and
the lead authority determines that—
the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and
extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.
A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.
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; Pub. L. 114–94, div. A, title I, § 1310, Dec. 4, 2015, 129 Stat. 1397.)
- 1983Enacted · Pub. L. 97-449 · 96 Stat. 2419
- 2012Amended · Pub. L. 112-141 · 126 Stat. 547
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1397
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-449 on 1983-01-12.
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