49 USC 304 - Application of Categorical Exclusions for Multimodal Projects

(a) Definitions.—In this section, the following definitions apply:

(1) Cooperating authority.—The term "cooperating authority" means a Department of Transportation operating authority that is not the lead authority with respect to a project.

(2) Lead authority.—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—

(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) Multimodal project.—The term "multimodal project" has the meaning given the term in section 139(a) of title 23.

(b) Exercise of Authorities.—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.

(c) Application of Categorical Exclusions for Multimodal Projects.—In considering the environmental impacts of a proposed multimodal project, a lead authority may apply a categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components of the project, subject to the conditions that—

(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) Modal Cooperation.—

(1) In general.—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.

(2) Use of categorical exclusion.—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 (42 U.S.C. 4321 et seq.) and this section.

(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.)

Historical and Revision Notes

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).

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Last modified: October 26, 2015