§ 304. Application of categorical exclusions for multimodal projects

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

(1)Cooperating authority.— 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.

(2)Lead authority.— 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.

(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 or title 23.

(c)Application of Categorical Exclusions for Multimodal Projects.— 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—

(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 (42 U.S.C. 4321 et seq.) and this section;

(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)Cooperating Authority Expertise.— A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.

(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.)

In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.

In subsection (a)(4), the word “ensure” is substituted for “assure” as being more precise. The words “of the United States Government” are substituted for “Federal”, and the words “United States” are substituted for “national”, for clarity and consistency.

In subsection (b), the words “The Secretaries shall report on April 1 of each year” are substituted for “They shall, within one year after the effective date of the Act, and annually thereafter, report” to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word “consider” is substituted for “determine” for consistency.

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