49 U.S.C. § 24201 — Efficient environmental reviews

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 Repealed.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 XI, § 11202(c)(2), Dec. 4, 2015, 129 Stat. 1630] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, § 301(a), Dec. 2, 1997, 111 Stat. 2585, authorized certain appropriations for the benefit of Amtrak. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. REFORM BOARD Pub. L. 105–134, title IV, § 411(b), Dec. 2, 1997, 111 Stat. 2589, provided that provisions authorizing certain ap- propriations shall cease to be effective if the Reform Board had not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998. [§ 24105. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(2), Dec. 4, 2015, 129 Stat. 1648] Section, Pub. L. 110–432, div. B, title III, § 302(a), Oct. 16, 2008, 122 Stat. 4947, related to congestion grants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. CHAPTER 242—PROJECT DELIVERY Sec. 24201. Efficient environmental reviews. 24202. Railroad rights-of-way. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title XI, §§ 11503(a), 11504(b), Dec. 4, 2015, 129 Stat. 1691, 1693, added chapter 242 and items 24201 and 24202. § 24201. Efficient environmental reviews (a) EFFICIENT ENVIRONMENTAL REVIEWS.— (1) IN GENERAL.—The Secretary of Transpor- tation shall apply the project development procedures, to the greatest extent feasible, de- scribed in section 139 of title 23 to any railroad project that requires the approval of the Sec- retary under the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (2) REGULATIONS AND PROCEDURES.—In car- rying out paragraph (1), the Secretary shall in- corporate into agency regulations and proce- dures pertaining to railroad projects described in paragraph (1) aspects of such project devel- opment procedures, or portions thereof, deter- mined appropriate by the Secretary in a man- ner 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 de- scribed in paragraph (1) such project develop- ment procedures that could only feasibly apply to highway projects, public transpor- tation capital projects, and multimodal projects. (4) APPLICABILITY.—Subsection (l) of section 139 of title 23 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 ex- cluded; and (B) any actions the Secretary is consid- ering for new categorical exclusions, includ- ing 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 pro- posed 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 et seq.), including those identified under subsection (b), and develop a process for Page 671 TITLE 49—TRANSPORTATION § 24202 1 So in original. Does not conform to section catchline. 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 main- tain 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 Pas- senger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review proc- ess, program, agreement, or funding arrange- ment approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle. (Added Pub. L. 114–94, div. A, title XI, § 11503(a), Dec. 4, 2015, 129 Stat. 1691.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (b) and (c), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015. Subtitle E of the Passenger Rail Reform and Invest- ment Act of 2015, referred to in subsec. (e), is subtitle E (§§ 11501–11504) of title XI of div. A of Pub. L. 114–94, known as the Track, Railroad, and Infrastructure Net- work Act and also as the TRAIN Act, which enacted this section and section 24202 of this title, amended sec- tion 303 of this title and section 138 of Title 23, High- ways, and enacted provisions set out as a note under section 4370m of Title 42, The Public Health and Wel- fare. For complete classification of this subtitle to the Code, see Short Title of 2015 Amendment note set out under section 20101 of this title and Tables. The date of enactment of such subtitle, referred to in subsec. (e), is the date of enactment of subtitle E of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015. 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. § 24202. Railroad rights-of-way (a) IN GENERAL.—Not later than 1 year after the date of enactment of the Passenger Rail Re- form 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 to the Advisory Council on His- toric Preservation for consideration, consistent with the exemption for interstate highways ap- proved 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 ex- emption 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). (Added Pub. L. 114–94, div. A, title XI, § 11504(a), Dec. 4, 2015, 129 Stat. 1692.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015. 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. CHAPTER 243—AMTRAK Sec. 24301. Status and applicable laws. 24302. Board of directors. 24303. Officers. 24304. Employee stock ownership plans. 24305. General authority. 24306. Mail, express, and auto-ferry transportation. 24307. Special transportation. 24308. Use of facilities and providing services to Am- trak. 24309. Retaining and maintaining facilities. 24310. Management accountability. 24311. Acquiring interests in property by eminent domain. 24312. Labor standards. 24313. Rail safety system program. [24314. Repealed.] 24315. Reports and audits. 24316. Plans to address the needs of families of pas- sengers involved in rail passenger acci- dents.1 24317. Accounts. 24318. Costs and revenues. 24319. Grant process and reporting. 24320. Amtrak 5-year service line and asset line plans. 24321. Food and beverage service. 24322. Rolling stock purchases. 24323. Prohibition on smoking on Amtrak trains. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title II, §§ 22206(c)(2), 22207(b), 22208(b)(2), 22209(b), Nov. 15, 2021, 135 Stat. 703, 706–708, substituted ‘‘Grant process and reporting’’ for ‘‘Grant process’’ in item 24319, ‘‘Amtrak 5-year service line and asset line plans’’ for ‘‘Amtrak 5-year business line and asset plans’’ in item 24320, and ‘‘Food and bev- erage service’’ for ‘‘Food and beverage reform’’ in item 24321 and added item 24323. 2015—Pub. L. 114–94, div. A, title XI, §§ 11201(b), 11202(b), 11203(c), 11207(b), 11208(b), 11316(m), Dec. 4, 2015, 129 Stat. 1627, 1630, 1634, 1639, 1640, 1678, substituted ‘‘Plans to address the needs of families of passengers involved in rail passenger accidents’’ for ‘‘Plan to as- sist families of passengers involved in rail passenger accidents’’ in item 24316 and added items 24317 to 24322. 2008—Pub. L. 110–432, div. A, title V, § 502(b), div. B, title II, § 221(b), Oct. 16, 2008, 122 Stat. 4899, 4932, added items 24310 and 24316.