The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (3)(A)(i), (ii), (B)(i), (ii), (d)(2), (f), (g), (h)(2), and (i)(5), is Pub. L. 91–190,
The date of enactment of this section, referred to in subsecs. (j) and (k), is the date of enactment of Pub. L. 114–94, which was approved
2018—Subsec. (a)(2). Pub. L. 115–254, § 578(1), substituted “2 States” for “5 States”.
Subsec. (e)(2)(A), (3)(B)(i). Pub. L. 115–254, § 578(2), substituted “150 days as set forth in section 139(l)” for “2 years”.
Section effective
Pub. L. 114–94, div. A, title I, § 1309(a),
Pub. L. 114–94, div. A, title I, § 1309(c), “(1) Not later than 270 days after the date of enactment of this Act [“(2) As part of the rulemaking required under this subsection, the Chair shall—“(A) establish the criteria necessary to determine that a State law or regulation is at least as stringent as a Federal requirement described in section 330(a)(3) of title 23, United States Code; and“(B) ensure that the criteria, at a minimum—“(i) provide for protection of the environment;“(ii) provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and“(iii) ensure a consistent review of projects that would otherwise have been covered under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”