NEPA, referred to in subsecs. (a)(1) and (b)(1)(A), (2), means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter. See section 4370m(16) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

2021—Subsec. (a)(3). Pub. L. 117–58, § 70801(d)(1), added par. (3).

Subsec. (b). Pub. L. 117–58, § 70801(d)(2)(A), (B), struck out par. (1) designation and heading and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively.

Subsec. (b)(1). Pub. L. 117–58, § 70801(d)(2)(C)(i), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (b)(1)(A). Pub. L. 117–58, § 70801(d)(2)(C)(ii), substituted “the laws and procedures of a State or Indian Tribe (as defined in section 5130 of title 25)” for “State laws and procedures” and inserted “developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and” after “Council on Environmental Quality,”.

Subsec. (b)(2). Pub. L. 117–58, § 70801(d)(2)(D), substituted “paragraph (1)” for “subparagraph (A)” in two places.

Subsec. (b)(3). Pub. L. 117–58, § 70801(d)(2)(E), substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (b)(4). Pub. L. 117–58, § 70801(d)(2)(F), substituted “paragraph (3)” for “subparagraph (C)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (b)(5). Pub. L. 117–58, § 70801(d)(2)(G), substituted “paragraph (1)” for “subparagraph (A)” and “paragraph (3)” for “subparagraph (C)”.

Subsec. (c)(4). Pub. L. 117–58, § 70801(d)(3)(A), substituted “determines that—” for “determines that the development of the higher level of detail will not prevent—” in introductory provisions.

Subsec. (c)(4)(A). Pub. L. 117–58, § 70801(d)(3)(B), inserted “the development of the higher level of detail will not prevent” before “the lead agency”.

Subsec. (c)(4)(B). Pub. L. 117–58, § 70801(d)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “the public from commenting on the preferred and other alternatives.”

Subsecs. (f), (g). Pub. L. 117–58, § 70801(d)(4), (5), added subsec. (f) and redesignated former subsec. (f) as (g).