Title 49TransportationRelease 119-73not60

§304a Accelerated Decisionmaking in Environmental Reviews

Title 49 › Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter 3— GENERAL DUTIES AND POWERS › Subchapter I— DUTIES OF THE SECRETARY OF TRANSPORTATION › § 304a

Last updated Apr 5, 2026|Official source

Summary

Allow lead agencies preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to attach short correction or explanation sheets instead of rewriting the draft when changes are minor and limited to factual fixes or brief responses. Those sheets must show the sources and reasons behind the agency’s position and, when needed, say what would require more review. The lead agency must also try to quickly produce one combined document that is the final environmental impact statement plus the record of decision, unless the final statement makes big changes tied to environmental or safety issues or new important environmental information appears. Department of Transportation operating administrations must avoid repeating work by adopting or incorporating another office’s draft or final environmental document when making their own, but only if the adopting office certifies the projects are substantially the same, the other office agrees, and the actions follow NEPA (42 U.S.C. 4321 et seq.). Material can be incorporated by reference only if it is cited and briefly described, reasonably available for public review in the comment period, and does not contain proprietary data that cannot be reviewed.

Full Legal Text

Title 49, §304a

Transportation — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Editorial Notes

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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 304a

Title 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60