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.

2022—Subsec. (d)(2). Pub. L. 117–328 substituted “appointing and fixing the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director” for “staffing of the Office of the Executive Director”.

2021—Subsec. (a). Pub. L. 117–58, § 70801(g)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The heads of agencies listed in section 4370m–1(b)(2)(B) of this title, with the guidance of the Director of the Office of Management and Budget and in consultation with the Executive Director, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for project proponents to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.”

Subsec. (b). Pub. L. 117–58, § 70801(g)(2), substituted “through 4370m–7” for “and 4370m–2”.

Subsec. (d). Pub. L. 117–58, § 70801(g)(3)(A), struck out “and Permitting” after “Review” in heading.

Subsec. (d)(2), (3). Pub. L. 117–58, § 70801(g)(3)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

“(2) Availability.—Amounts in the Fund shall be available to the Executive Director, without appropriation or fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this subchapter, including the expenses of the Council.

“(3) Transfer.—The Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other agencies to facilitate timely and efficient environmental reviews and authorizations for proposed covered projects.”