Editorial Notes
References in Text

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, 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 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 Dec. 4, 2015.

Amendments

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”.

Statutory Notes and Related Subsidiaries
Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Purpose

Pub. L. 114–94, div. A, title I, § 1309(a), Dec. 4, 2015, 129 Stat. 1392, provided that:

“The purpose of this section [enacting this section and provisions set out as a note under this section] is to eliminate duplication of environmental reviews and approvals under State laws and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”

Rulemaking

Pub. L. 114–94, div. A, title I, § 1309(c), Dec. 4, 2015, 129 Stat. 1396, provided that:

“(1)
In general.—
Not later than 270 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation], in consultation with the Chair of the Council on Environmental Quality, shall promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this section.
“(2)
Determination of stringency.—
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.).”