Editorial Notes
References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2)(A), (B)(ii), (iii) and (l)(2), 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.

The date on which amendments to this section by the MAP-21 take effect, referred to in subsec. (b)(2), is Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Amendments

2015—Pub. L. 114–94, § 1446(d)(3), amended directory language of Pub. L. 112–141, § 1313(a)(1). See 2012 Amendment note below.

Subsec. (a)(2)(B)(iii). Pub. L. 114–94, § 1308(1), substituted “(42 U.S.C. 4321 et seq.)” for “(42 U.S.C. 13 4321 et seq.)”.

Subsec. (c)(4). Pub. L. 114–94, § 1308(2), inserted “reasonably” before “considers necessary”.

Subsec. (e). Pub. L. 114–94, § 1308(3), inserted “and without further approval of” after “in lieu of”.

Subsec. (g)(1). Pub. L. 114–94, § 1308(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall conduct—

“(A) semiannual audits during each of the first 2 years of State participation; and

“(B) annual audits during each of the third and fourth years of State participation.”

Subsec. (g)(3). Pub. L. 114–94, § 1308(4)(B), added par. (3).

Subsec. (j)(1). Pub. L. 114–94, § 1308(5), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may terminate the participation of any State in the program if—

“(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

“(B) the Secretary provides to the State—

“(i) notification of the determination of noncompliance; and

“(ii) a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and

“(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.”

Subsecs. (k), (l). Pub. L. 114–94, § 1308(6), added subsecs. (k) and (l).

2012—Pub. L. 112–141, § 1313(a)(1), as amended by Pub. L. 114–94, § 1446(d)(3), struck out “pilot” before “program” in section catchline.

Subsec. (a)(1). Pub. L. 112–141, § 1313(a)(2), struck out “pilot” before “program (referred to”.

Subsec. (a)(2)(B)(ii) to (iv). Pub. L. 112–141, § 1313(b)(1), added cls. (ii) to (iv) and struck out former cl. (ii) which read as follows: “the Secretary may not assign—

“(I) responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506); or

“(II) any responsibility imposed on the Secretary by section 134 or 135.”

Subsec. (a)(2)(F), (G). Pub. L. 112–141, § 1313(b)(2), added subpars. (F) and (G).

Subsec. (b)(1). Pub. L. 112–141, § 1313(c)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may permit not more than 5 States (including the States of Alaska, California, Ohio, Oklahoma, and Texas) to participate in the program.”

Subsec. (b)(2). Pub. L. 112–141, § 1313(c)(2), substituted “date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,” for “date of enactment of this section, the Secretary shall promulgate” in introductory provisions.

Subsec. (c)(4) to (6). Pub. L. 112–141, § 1313(d), added pars. (4) to (6).

Subsec. (e). Pub. L. 112–141, § 1313(e), substituted “subsection (j)” for “subsection (i)”.

Subsec. (g)(1)(B). Pub. L. 112–141, § 1313(f), substituted “of the third and fourth years” for “subsequent year”.

Subsec. (h). Pub. L. 112–141, § 1313(g)(2), added subsec. (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsec. (i)(1). Pub. L. 112–140 substituted “September 30, 2012” for “the date that is 7 years after the date of enactment of this section”.

Subsec. (j). Pub. L. 112–141, § 1313(h), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to termination of the original pilot program on Sept. 30, 2012, and termination of State participation by the Secretary.

Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (i) as (j).

2010—Subsec. (i)(1). Pub. L. 111–322 substituted “7 years after” for “6 years after”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(3) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Pub. L. 112–140, title I, § 101(e)(2), June 29, 2012, 126 Stat. 392, provided that:

“The amendment made by paragraph (1) [amending this section] shall take effect as if included in section 101 of the Surface Transportation Extension Act of 2012 [Pub. L. 112–102] and shall not be subject to the special rule in section 1(c) of this Act [set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title].”