49 U.S.C. § 302 — Policy standards for transportation

Page 100 TITLE 49—TRANSPORTATION § 302 ‘‘Transportation Infrastructure Streamlining Task Force’’ (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a review of transportation infrastructure projects and issue permits or similar ac- tions, as necessary; (ii) review projects, at least quar- terly, on the list of priority projects pursuant to sec- tion 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process re- quired to provide approvals for transportation infra- structure projects, in compliance with applicable law, while maintaining safety, public health, and environ- mental protection. (b) Membership and Operation. The Task Force shall promote interagency cooperation and the establish- ment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, ap- proval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Sec- retary of Agriculture, Secretary of Commerce, Sec- retary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chair- man of the Council on Environmental Quality. A mem- ber of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Qual- ity. SEC. 4. Report. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and expedited reviews on a project-by-project basis, and identifies those procedures and actions that proved to be most useful and appropriate in coordinating and expediting the review of the projects. (b) Identifies substantive and procedural require- ments of Federal, State, tribal, and local laws, regula- tions, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable require- ments. (c) Makes recommendations regarding those addi- tional actions that could be taken to: (i) address the co- ordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Fed- eral, State, tribal, and local agencies related to the re- view or impacts of transportation infrastructure projects in a timely manner. (d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order. SEC. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and leg- islative proposals. SEC. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Gov- ernment and is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. GEORGE W. BUSH. § 302. Policy standards for transportation (a) The Secretary of Transportation is gov- erned by the transportation policy of sections 10101 and 13101 of this title in addition to other laws. (b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or in- vestment standards or criteria. (c) The Secretary shall consider the needs— (1) for effectiveness and safety in transpor- tation systems; and (2) of national defense. (d)(1) It is the policy of the United States to promote the construction and commercializa- tion of high-speed ground transportation sys- tems by— (A) conducting economic and technological research; (B) demonstrating advancements in high- speed ground transportation technologies; (C) establishing a comprehensive policy for the development of such systems and the ef- fective integration of the various high-speed ground transportation technologies; and (D) minimizing the long-term risks of inves- tors. (2) It is the policy of the United States to es- tablish in the shortest time practicable a United States designed and constructed magnetic levi- tation transportation technology capable of op- erating along Federal-aid highway rights-of- way, as part of a national transportation system of the United States. (e) INTERMODAL TRANSPORTATION.—It is the policy of the United States Government to en- courage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-ef- ficient manner, provide the foundation for im- proved productivity growth, strengthen the Na- tion’s ability to compete in the global economy, and obtain the optimum yield from the Nation’s transportation resources. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–240, title I, § 1036(a), title V, § 5001, Dec. 18, 1991, 105 Stat. 1978, 2158; Pub. L. 103–272, § 5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, § 308(a), Dec. 29, 1995, 109 Stat. 946.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 302(a) ......... 49:1653(b)(1). Oct. 15, 1966, Pub. L. 89–670, § 4(b), 80 Stat. 933. 302(b) ......... 49:1653(b)(2). 302(c) ......... 49:1653(b)(3). In subsection (a), the words ‘‘In carrying out his du- ties and responsibilities under this chapter’’ before ‘‘Secretary of Transportation’’ are omitted as surplus. The words ‘‘the transportation policy of sections 10101 and 10101a of this title in addition to other laws’’ are substituted for ‘‘all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of Sep- tember 2, 1958, as amended, relating to the United States Coast Guard’’ because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms. Page 101 TITLE 49—TRANSPORTATION § 303 1 See References in Text note below. 2 So in original. The words ‘‘, United States Code’’ probably should not appear. In subsection (c), the words ‘‘In exercising the func- tions, powers, and duties conferred on and transferred to the Secretary by this chapter’’ before ‘‘Secretary’’ are omitted as surplus. The word ‘‘consider’’ is sub- stituted for ‘‘give full consideration to’’ to eliminate surplus words. The words ‘‘for operational continuity of the functions transferred’’ after ‘‘the needs’’ are omit- ted as executed. Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘13101’’ for ‘‘10101a’’. 1994—Subsec. (b). Pub. L. 103–272 substituted ‘‘This subtitle and chapters 221 and 315 of this title’’ for ‘‘Sub- title I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)’’. 1991—Subsec. (d). Pub. L. 102–240, § 1036(a), added sub- sec. (d). Subsec. (e). Pub. L. 102–240, § 5001, added subsec. (e). 1984—Subsec. (b). Pub. L. 98–216 substituted ‘‘49 App. U.S.C.’’ for ‘‘49 U.S.C.’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1036(a) of Pub. L. 102–240 effec- tive Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways. § 303. Policy on lands, wildlife and waterfowl ref- uges, and historic sites (a) It is the policy of the United States Gov- ernment 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 co- operate 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 activi- ties 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 1 of title 23) requir- ing 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 alter- native to using that land; and (2) the program or project includes all pos- sible 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 Sec- retary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. (B) REQUIREMENTS FOR PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REF- UGES.—The requirements of subsection (c)(1) shall be considered to be satisfied with re- spect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area de- scribed in paragraph (3) shall not include an alternatives analysis. (C) CRITERIA.—In making any determina- tion under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, mini- mization, mitigation, or enhancement meas- ures that are required to be implemented as a condition of approval of the transportation program or project. (2) HISTORIC SITES.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if— (A) the Secretary has determined, in ac- cordance with the consultation process re- quired under section 306108 of title 54, United States Code,2 that— (i) the transportation program or project will have no adverse effect on the historic site; or (ii) there will be no historic properties affected by the transportation program or project; (B) the finding of the Secretary has re- ceived written concurrence from the applica- ble State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preserva- tion if the Council is participating in the consultation process); and (C) the finding of the Secretary has been developed in consultation with parties con- sulting as part of the process referred to in subparagraph (A). (3) PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REFUGES.—With respect to parks, recreation areas, or wildlife or water- fowl refuges, the Secretary may make a find- ing of de minimis impact only if— (A) the Secretary has determined, after public notice and opportunity for public re- view and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the