1
 See References in Text note below.
Editorial Notes
References in Text

The Federal Advisory Committee Act, referred to in subsec. (a)(1)(D)(ii), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

NEPA, referred to in subsec. (f)(1)(B), 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.

Codification

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.

Amendments

2021—Subsec. (a)(1)(D). Pub. L. 117–58, § 70801(c)(1)(A), added subpar. (D).

Subsec. (a)(2)(A). Pub. L. 117–58, § 70801(c)(1)(B)(i), substituted “21 calendar days” for “45 days” in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 117–58, § 70801(c)(1)(B)(ii), inserted “14 calendar day” before “deadline”.

Subsec. (a)(3)(A). Pub. L. 117–58, § 70801(c)(1)(C), inserted “and the Executive Director” after “as applicable,” in introductory provisions.

Subsec. (b)(2)(A)(iii). Pub. L. 117–58, § 70801(c)(2)(A), added cl. (iii).

Subsec. (b)(3)(A)(i)(V), (VI). Pub. L. 117–58, § 70801(c)(2)(B)(i), added subcl. (V), redesignated former subcl. (V) as (VI), and struck out “and” at end of subcl. (VI).

Subsec. (b)(3)(A)(iii). Pub. L. 117–58, § 70801(c)(2)(B)(ii), (iii), added cl. (iii).

Subsec. (c)(2)(A). Pub. L. 117–58, § 70801(c)(3)(A), substituted “coordinated” for “coordination”.

Subsec. (c)(2)(D)(i). Pub. L. 117–58, § 70801(c)(3)(B)(i), (ii), added subcl. (I) and redesignated former subcls. (I) to (III) as (II) to (IV), respectively.

Subsec. (c)(2)(D)(i)(II). Pub. L. 117–58, § 70801(c)(3)(B)(iii), inserted “, the Executive Director,” after “participating agencies”.

Subsec. (c)(2)(F)(i). Pub. L. 117–58, § 70801(c)(3)(C)(i), inserted “intermediate and final” before “completion dates” and “intermediate or final” before “completion date”.

Subsec. (c)(2)(F)(ii). Pub. L. 117–58, § 70801(c)(3)(C)(ii)(I), substituted “an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before” for “a completion date for agency action on a covered project or is at significant risk of failing to conform with” in introductory provisions.

Subsec. (c)(2)(F)(ii)(I). Pub. L. 117–58, § 70801(c)(3)(C)(ii)(II), substituted “reasonably believing the agency will fail to conform” for “significantly risking failing to conform”.