§304a — Title 49 Transportation | U.S. Code

Summary

When finishing an environmental impact statement under NEPA, the lead agency may add short errata sheets for small changes that only fix facts or explain why no more response is needed instead of rewriting the whole draft. Those errata must show the sources and reasons that back the agency’s view and, when appropriate, say what would cause the agency to recheck or respond more. The lead agency must, when possible, make one document that combines the final impact statement and the record of decision, unless the final statement makes big changes affecting environmental or safety issues or new important environmental information appears. For the Department of Transportation, its offices should avoid repeating work by adopting or borrowing another DOT office’s draft or final statement or assessment when the project is essentially the same, the other office agrees, and it follows NEPA. Borrowed material must be cited and summarized, be available for review in the review period, and not hide proprietary data.

Title 49, §304a

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(a)In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets—

(1)cite the sources, authorities, and reasons that support the position of the agency; and

(2)if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

(b)To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

(1)the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(2)there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

(c)(1)To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this subsection.

(2)An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if—

(A)the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;

(B)the other operating administration concurs with such decision; and

(C)such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3)An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project if—

(A)the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;

(B)the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and

(C)the incorporated material does not include proprietary data that is not available for review and comment.

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References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(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.

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 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§304a Accelerated decisionmaking in environmental reviews

Summary

Title 49, §304a

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References in Text

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Effective Date

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