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49 U.S.C. § 305 — Transportation investment standards and criteria
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to sections 301–304 11 See References in Text note below. of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
**(b)** A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or rep
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Source location: Title 49, Chapter 3, § 305; chapter-003-general-duties-and-powers.md
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**(a)** Subject to sections 301–304 11 See References in Text note below. of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
**(b)** A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report—
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 304
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Federal law — U.S. Code and appendices · legal_authorities
Page 107
TITLE 49—TRANSPORTATION
§ 306
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2015, see section 1003 of Pub.
L. 114–94, set out as an Effective Date of 2015 Amend-
ment note under section 5313 of Title 5, Government Or-
ganization and Employees.
§ 305. Transportation investment standards and
criteria
(a) Subject to sections 301–304 1 of this title,
the Secretary of Transportation shall develop
standards and criteria to formulate and eco-
nomically evaluate all proposals for investing
amounts of the United States Government in
transportation facilities and equipment. Based
on experience, the Secretary shall revise the
standards and criteria. When approved by Con-
gress, the Secretary shall prescribe standards
and criteria developed or revised under this sub-
section. This subsection does not apply to—
(1) the acquisition of transportation facili-
ties or equipment by a department, agency, or
instrumentality of the Government to provide
transportation for its use;
(2) an inter-oceanic canal located outside the
48 contiguous States;
(3) defense features included at the direction
of the Department of Defense in designing and
constructing civil air, sea, or land transpor-
tation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality
of the Government preparing a survey, plan, or
report that includes a proposal about which the
Secretary has prescribed standards and criteria
under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under
those standards and criteria and on the basis
of information provided by the Secretary on
the—
(A) project
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 305
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