49 USC § 304 - Joint activities with the Secretary of Housing and Urban Development | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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.

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(a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall—

(1) consult and exchange information about their respective transportation policies and activities;

(2) carry out joint planning, research, and other activities;

(3) coordinate assistance for local transportation projects; and

(4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas.

(b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable.

Source

(Pub. L. 97–449, § 1(b),Jan. 12, 1983, 96 Stat. 2419.)

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).

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.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement to submit an annual report to Congress, see section 3003 ofPub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 150 of House Document No. 103–7.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 304	gen amd	2012	112-141 [Sec.] 1314(a)	126 Stat. 547

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

18 CFR - Title 18—Conservation of Power and Water Resources

18 CFR Part 352 - UNIFORM SYSTEMS OF ACCOUNTS PRESCRIBED FOR OIL PIPELINE COMPANIES SUBJECT TO THE PROVISIONS OF THE INTERSTATE COMMERCE ACT

49 CFR - Title 49—Transportation

49 CFR Part 1248 - FREIGHT COMMODITY STATISTICS

49 CFR Part 1280 - HANDLING OF NATIONAL SECURITY INFORMATION AND CLASSIFIED MATERIAL

49 CFR Part 1331 - APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703