U.S. Code » Title 49 » Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter CHAPTER 3— GENERAL DUTIES AND POWERS › Subchapter SUBCHAPTER I— DUTIES OF THE SECRETARY OF TRANSPORTATION

49 U.S.C. § 307

Improving State and Federal agency engagement in environmental reviews

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(a)In General.—(1)Requests to provide funds.—A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program.(2)Use of funds.—The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.(b)Activities Eligible for Funding.—Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.(c)Amounts.—A request under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct the review.(d)Agreements.—Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.(e)Guidance.—(1)In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall issue guidance to implement this section.(2)Factors.—As part of the guidance issued under paragraph (1), the Secretary shall ensure—(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.(f)Existing Authority.—Nothing in this section may be construed to conflict with section 139(j) of title 23.(Added Pub. L. 114–94, div. A, title I, § 1312(a), Dec. 4, 2015, 129 Stat. 1399.)Editorial NotesReferences in Text

The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

Prior Provisions

A prior section 307, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2421, related to safety information and intervention in Interstate Commerce Commission proceedings, prior to repeal by Pub. L. 112–141, div. C, title II, § 32932(a)(1), July 6, 2012, 126 Stat. 829, effective Oct. 1, 2012.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 254 cases, 1938–1989 · leading case: North Am. Van Lines, Inc. v. United States, 412 F. Supp. 782 (N.D. Ind. 1976).
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North Am. Van Lines, Inc. v. United States, 412 F. Supp. 782 (N.D. Ind. 1976). · cites it 13× “30 At this point, then, NAVL could expect that its Rule 102 petition, with the attendant audit, might close the 7901 proceedings, or at least serve to demonstrate “fitness” under 49 U.S.C.A. § 307 , and that the 8372 proceedings, in which the record had been closed April 15,…”
Lang Transp. Corp. v. United States, 75 F. Supp. 915 (S.D. Cal. 1948). · cites it 7× “207(a) of the Federal Motor Carrier Act of 1935, Title 49 U.S.C.A. § 307 (a), 1 granted the application as prayed for by report and order on further hearing of Division 5 of the said Commission, dated April 8, 1946.”
United States v. L. A. Tucker Truck Lines, Inc., 344 U.S. 33 (1952). · cites it 2× “NOTES [1] 49 U. S. C. § 307 . [2] 5 U. S. C. § 1010 .”
Trans-Am. Van Serv., Inc. v. United States, 421 F. Supp. 308 (N.D. Tex. 1976). · cites it 4× “a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the…”
Bowman Transp., Inc. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281 (1975). “551 , 49 U. S. C. § 307 , empower the *285 Commission to grant an application for a certificate if it finds (1) that the applicant is “fit, willing, and able properly to perform the service proposed”; and (2) that the service proposed “is or will be required by the present or…”
Norfolk S. Bus Corp. v. United States, 96 F. Supp. 756 (E.D. Va. 1950). · cites it 4× “§ 307 (a): "Subject to section 310, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service…”
Schaffer Transp. Co. v. United States, 355 U.S. 83 (1957). · cites it 2× “551 , 49 U. S. C. § 307 , although both relate to motor carrier service by railroads.”
United States v. E. I. Du Pont De Nemours & Co., 351 U.S. 377 (1956). “§ 481 (d) (1951) (limits market entry); Motor Carrier Act, 49 U. S. C. § 307 (1952) (motor vehicle common carriers).”
Burlington Truck Lines, Inc. v. Interstate Com. Comm'n, 194 F. Supp. 31 (S.D. Ill. 1961). · cites it 8× “" Section 207(a) of the Interstate Commerce Act ( 49 U.S.C.A. § 307 (a) provides in part as follows: "Subject to section 210, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it…”
Ry. Express Agency, Inc. v. United States, 153 F. Supp. 738 (S.D.N.Y. 1957). · cites it 6× “In this proceeding, commenced in August 1955, United Parcel applied for a certificate of public convenience and necessity, pursuant to 49 U.S.C.A. § 307 (a), to operate as a common carrier by motor vehicle of general commodities, with certain exceptions, over described irregular…”
A. B. & C. Motor Transp. Co. v. United States, 69 F. Supp. 166 (D. Mass. 1946). · cites it 3× “The certificate in question here was by application dated July 1, 1944, and granted under the ’ provisions of Section 207 of the Act, 49 U.S.C.A. § 307 . Applicant had previously requested the authority granted in its “grandfather” application but it was denied because of lack…”
Lester C. Newton Trucking Co. v. United States, 264 F. Supp. 869 (D. Del. 1967). · cites it 4× “568 ), and later a second application pursuant to 49 U.S.C.A. § 307 seeking an extension of its authority in the event it was not satisfied with the scope of its existing authority as determined in the "grandfather" proceedings.”
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49 U.S.C. § 307(a): 4 cases
Nat'l Trailer Convoy, Inc. v. United States, 381 F. Supp. 878 (N.D. Okla. 1973).
Twin City Freight, Inc. v. United States, 360 F. Supp. 709 (D. Minn. 1972).
Mississippi East, Inc. v. United States, 301 F. Supp. 1332 (W.D. Pa. 1969).
Safeway Trails, Inc. v. Interstate Com. Comm'n, 176 F. Supp. 201 (D.D.C. 1959).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.