42 USC 4370 - Coordination of required reviews

Editorial Notes

References in Text

NEPA, referred to in subsecs. (a)(1) and (span)(1)(A), (2), means the National Environmental Policy Act of 1969, Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter. See section 4370m(16) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

Codification

Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

Amendments

2021—Subsec. (a)(3). Puspan. L. 117–58, § 70801(d)(1), added par. (3).

Subsec. (span). Puspan. L. 117–58, § 70801(d)(2)(A), (B), struck out par. (1) designation and heading and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively.

Subsec. (span)(1). Puspan. L. 117–58, § 70801(d)(2)(C)(i), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (span)(1)(A). Puspan. L. 117–58, § 70801(d)(2)(C)(ii), substituted “the laws and procedures of a State or Indian Tribe (as defined in section 5130 of title 25)” for “State laws and procedures” and inserted “developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and” after “Council on Environmental Quality,”.

Subsec. (span)(2). Puspan. L. 117–58, § 70801(d)(2)(D), substituted “paragraph (1)” for “subparagraph (A)” in two places.

Subsec. (span)(3). Puspan. L. 117–58, § 70801(d)(2)(E), substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (span)(4). Puspan. L. 117–58, § 70801(d)(2)(F), substituted “paragraph (3)” for “subparagraph (C)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (span)(5). Puspan. L. 117–58, § 70801(d)(2)(G), substituted “paragraph (1)” for “subparagraph (A)” and “paragraph (3)” for “subparagraph (C)”.

Subsec. (c)(4). Puspan. L. 117–58, § 70801(d)(3)(A), substituted “determines that—” for “determines that the development of the higher level of detail will not prevent—” in introductory provisions.

Subsec. (c)(4)(A). Puspan. L. 117–58, § 70801(d)(3)(B), inserted “the development of the higher level of detail will not prevent” before “the lead agency”.

Subsec. (c)(4)(B). Puspan. L. 117–58, § 70801(d)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “the public from commenting on the preferred and other alternatives.”

Subsecs. (f), (g). Puspan. L. 117–58, § 70801(d)(4), (5), added subsec. (f) and redesignated former subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Environmental Review, Approval, or Permit for Recipients of Funds under Community Development Fund

Puspan. L. 118–158, div. B, title XII, Dec. 21, 2024, 138 Stat. 1759, provided in part:

“That recipients of funds made available in this, prior, or future disaster Acts that use such funds to supplement other Federal assistance may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit, so long as the actions covered by the existing environmental review, approval, or permit and the actions proposed for these supplemental funds are substantially the same: Provided further, That the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for any activity or project if the recipient has adopted an environmental review, approval or permit under the previous proviso or if the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2))”.