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49 U.S.C. § 24201 — Efficient environmental reviews
Federal law — U.S. Code and appendices · legal_authorities
**(a) Efficient Environmental Reviews.—**
(1) **In general.—** — The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) to any railroad project that requires the approval of the Secretary 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.).
(2) **Regulations and procedures.—** — In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects.
(3) **Discretion.—** — The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects.
(4) **Applicability.—** — Subsection (l) of [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years.
**(b) Additional Categorical Exclusions.—** Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall—
(1) survey the u
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Source location: Title 49, Chapter 242, § 24201; chapter-242-project-delivery.md
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**(a) Efficient Environmental Reviews.—**
(1) **In general.—** — The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) to any railroad project that requires the approval of the Secretary 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.).
(2) **Regulations and procedures.—** — In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects.
(3) **Discretion.—** — The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects.
(4) **Applicability.—** — Subsection (l) of [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years.
**(b) Additional Categorical Exclusions.—** Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall—
(1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and
(2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of—
(A) the types of actions categorically excluded; and
(B) any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations.
**(c) New Categorical Exclusions.—** Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary 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.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations.
**(d) Transparency.—** The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title.
**(e) Protections for Existing Agreements and NEPA.—** Nothing in subtitle E of the Passenger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review process, program, agreement, or funding arrangement approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **Agency.—** — The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government.
(2) **Authorization.—** — The term “authorization” means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.
(3) **Environmental document.—** — The term “environmental document” includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision 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.).
(4) **Environmental impact statement.—** — The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared 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.).
(5) **Environmental review process.—**
(A) *In general.—* — The term “environmental review process” means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared 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.).
(B) *Inclusions.—* — The term “environmental review process” includes the process and schedule, including a timetable for and comp
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 139
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
**(b) Final Exemption.—** Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24202
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Federal law — U.S. Code and appendices · legal_authorities
### 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman.
**(b) General duties** The duties of the Municipal Ombudsman shall include the provision of—
(1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.]; and
(2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices.
**(c) Actions required** The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding—
(1) available Federal financial assistance for which the municipality is eligible;
(2) flexibility available under the Federal Water Pollution Control Act; and
(3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act [[33 U.S.C. 1342(s)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342/s&num=0&edition=prelim)].
**(d) Information sharing** The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency—
(1) general information relating to—
(A) the technical assistance referred to in subsection (b)(1);
(B) the financial assistance referred to in subsection (c)(1);
(C) the flexibility referred to in subsection (c)(2); and
(D) any resources developed by the Administrator related to integrated plans under section 402(s) of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4370m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of Policy.—**
(1) **In general.—** — It is the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(2) **Cooperation and consultation.—**
(A) *In general.—* — The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed.
(B) *Timeline for approvals.—*
(i) *In general.—* — The Secretary shall—
(I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and
(II) provide a period of 30 days for receipt of comments.
(ii) *Assumed acceptance.—* — If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action.
(C) *Effect.—* — Nothing in subparagraph (B) affects—
(i) the requirements under—
(I) subsections (b) through (f); or
(II) the consultation process under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim); or
(ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.
(3) **Requirement.—** — After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and wate
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 138
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
**(b)** The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
**(c) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
**(d) De Minimis Impacts.—**
(1) **Requirements.—**
(A) *Requirements for historic sites.—* — The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 303
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Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 49—TRANSPORTATION
[§ 24104
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24103(a) ......
45:547(a) (1st sen-
tence less words
between 13th–15th
commas).
Oct. 30, 1970, Pub. L. 91–518,
§ 307(a) (1st sentence), (b),
84 Stat. 1333.
24103(b) ......
45:547(a) (last sen-
tence).
Oct. 30, 1970, Pub. L. 91–518,
84 Stat. 1327, § 307(a) (last
sentence); added Aug. 13,
1981, Pub. L. 97–35, § 1179,
95 Stat. 693.
24103(c) ......
45:547(a) (1st sen-
tence words be-
tween 13th–15th
commas), (b).
In subsections (a) and (b), the words ‘‘may bring a
civil action’’, ‘‘may bring the civil action’’, and ‘‘in a
civil action brought by’’ are substituted for ‘‘upon peti-
tion of’’ and ‘‘on petition of’’ for consistency with rule
2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.).
In subsection (a)(1), before clause (A), the words ‘‘Ex-
cept as provided in paragraph (2) of this subsection’’ are
added for clarity. The word ‘‘only’’ is added for clarity.
See National Railroad Passenger Corp. et al. v. National
Association of Railroad Passengers, 414 U.S. 453 (1974). In
clauses (A) and (D)(i), the words ‘‘the policies and pur-
poses of’’ are omitted as surplus.
In subsection (a)(2), the word ‘‘duly’’ is omitted as
surplus.
In subsection (b), the words ‘‘in any court’’ are omit-
ted as surplus.
Subsection (c) is substituted for 45:547(a) (1st sen-
tence words between 13th–15th commas) for consistency
in the revised title and with other titles of the United
States Code. The text of 45:547(b) is omitted as surplus.
Editorial Notes
AMENDMENTS
2019—Subsec. (a)(1). Pub. L. 115–420 inserted ‘‘or chap-
ter 229’’ after ‘‘this part’’ wherever appearing.
[§ 24104. Repealed. Pub. L. 114–94, div. A, title X
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 24201
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