§50505. Consistent approval of existing categorical exclusions

§50505. Consistent approval of existing categorical exclusions

In accordance with section 139 of title 23, the Maritime Administrator may approve any action qualifying as a categorical exclusion applicable to the Federal Highway Administration, the Federal Transit Administration, or the Federal Railroad Administration when the applicable requirements of that categorical exclusion have been met that are in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any other applicable law. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law.

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in text, 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.

Statutory Notes and Related Subsidiaries

Establishing Applicable Categorical Exclusions

Pub. L. 118–159, div. C, title XXXV, §3511(c), Dec. 23, 2024, 138 Stat. 2306, provided that:

"(1) In general.—Not later than 1 year after the date of enactment of this section [Dec. 23, 2024], the Maritime Administrator shall issue a notice in the Federal Register including the categorical exclusions in use as of the date of enactment of this section by the Maritime Administration for actions or projects the Maritime Administration oversees. The Maritime Administrator may subsequently update such categorical exclusions. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law.

"(2) Survey and proposed rulemaking.—Not later than 1 year after the date of enactment of this section, the Maritime Administrator shall—

"(A) survey the use of categorical exclusions by the Maritime Administration with respect to projects initiated during or after 2015;

"(B) publish on a public website the results of that survey, which shall include a description of the types of actions categorically excluded and any additional categorical exclusions that were legally available to the Maritime Administrator from other operating administrations and the Department of the Army but were or were not adopted; and

"(C) publish a notice of proposed rulemaking to propose new Maritime Administration categorical exclusions for projects and a process by which the Maritime Administration will update the list of categorical exclusions to reflect lessons learned in grant administration and project construction.

"(3) Definitions.—In this subsection:

"(A) Categorical exclusions.—The term 'categorical exclusion' has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).

"(B) Project.—The term 'project' means an eligible project as described in section 54301(a)(3) of title 46, United States Code."