Title 49, TransportationRelease 119-110

§304a Accelerated Decisionmaking in Environmental Reviews

Title 49 › SUBTITLE I — DEPARTMENT OF TRANSPORTATION › CHAPTER 3 — GENERAL DUTIES AND POWERS › SUBCHAPTER I — DUTIES OF THE SECRETARY OF TRANSPORTATION › § 304a

Last updated Sep 22, 2026|Official source

Summary

The lead agency preparing a final environmental impact statement under the National Environmental Policy Act of 1969 may attach short errata sheets instead of redoing the whole draft when changes are minor and only fix facts or explain why a comment does not need more response. The errata sheets must show the sources and reasons for the agency’s position and, when needed, say what would make the agency recheck its decision. The lead agency must try to produce one fast document that combines the final environmental impact statement and the record of decision, unless the final statement makes big changes that affect environmental or safety concerns or new important information appears. Department of Transportation offices must avoid repeating work by adopting or incorporating environmental documents from another office when appropriate. One office can adopt another’s draft or final document without reissuing it if the adopting office says the actions are basically the same, the other office agrees, and doing so follows NEPA. An office can also incorporate parts of another document if it cites and briefly describes the material, makes it available for public review in time, and does not include proprietary data that people cannot review.

Full Legal Text

Title 49, §304a

Transportation, Source: USLM XML via OLRC

(a)In General.—
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)Single Document.—
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)Adoption and Incorporation by Reference of Documents.—
(1)Avoiding duplication.—
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)Adoption of documents of other operating administrations.—
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)Incorporation by reference.—
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 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110