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49 U.S.C. § 304 — Application of categorical exclusions for multimodal projects

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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—

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Source location: Title 49, Chapter 3, § 304; chapter-003-general-duties-and-powers.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

§ 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his en- vironment; to promote efforts which will pre- vent or eliminate damage to the environment and biosphere and stimulate the health and wel- fare of man; to enrich the understanding of the ecological systems and natural resources impor- tant to the Nation; and to establish a Council on Environmental Quality. (Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. S, § 102(a), Dec. 27, 2020, 134 Stat. 2243, provided that: ‘‘This section [enacting section 16298 of this title, amending sections 4370m and 7403 of this title, and enacting provisions set out as a note under section 4370m of this title] may be cited as the ‘Utilizing Significant Emissions with Innovative Tech- nologies Act’ or the ‘USE IT Act’.’’ SHORT TITLE Pub. L. 91–190, § 1, Jan. 1, 1970, 83 Stat. 852, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Environmental Policy Act of 1969’.’’ ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE Pub. L. 117–169, title VI, § 60112, Aug. 16, 2022, 136 Stat. 2072, provided that: ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to develop and carry out a program to support the development, enhanced standardization and transparency, and reporting criteria for environ- mental product declarations that include measure- m

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 304 — Application of categorical exclusions for

§ 304. Application of categorical exclusions for multimodal projects (a) DEFINITIONS.—In this section, the following definitions apply: (1) COOPERATING AUTHORITY.—The term ‘‘co- operating 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 au- thority’’ means a Department of Transpor- tation operating administration or secretarial office that has the lead responsibility for com- pliance with the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.) with re- spect 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 pro- gram 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 Na- tional 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 con- ditions that— (1) the lead authority makes a determina- tion, with the concurrence of the cooperating authority— (A) on the applicability of a categorical ex- clusion to a proposed multimodal project; and (B) that the project satisfies the condi- tions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S

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