§ 301 Leadership, consultation, and cooperation · 113-46

§ 301.

Leadership, consultation, and cooperation

The Secretary of Transportation shall—

(1)

under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;

(2)

provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;

(3)

coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;

(4)

promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;

(5)

consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;

(6)

promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;

(7)

consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;

(8)

consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and

(9)

develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.

Source

(Pub. L. 97–449, § 1(b),

Jan. 12, 1983

, 96 Stat. 2418; Pub. L. 102–240, title V, § 5002(a), title VI, § 6017,

Dec. 18, 1991

, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, § 1504,

June 9, 1998

, 112 Stat. 251.)

Notes

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
301	49:1653(a).	Oct. 15, 1966, Pub. L. 89–670, § 4(a), 80 Stat. 933.

In the introductory clause before “shall”, the words “in carrying out the purposes of this chapter . . . among his responsibilities” are omitted as surplus.

In clause (4), the word “compiling” is substituted for “gathering” for consistency.

Amendments

1998—Par. (9). Pub. L. 105–178 added par. (9).

1991—Pars. (3) to (5). Pub. L. 102–240, § 5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).

Par. (6). Pub. L. 102–240, §§ 5002(a), 6017, redesignated par. (5) as (6) and inserted “, and including basic highway vehicle science”. Former par. (6) redesignated (7).

Pars. (7), (8). Pub. L. 102–240, § 5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively.

Public-private Partnerships

Pub. L. 112–141, div. A, title I, § 1534,

July 6, 2012

, 126 Stat. 584, provided that:

“(a)

Best Practices.—

The Secretary [of Transportation] shall compile, and make available to the public on the website of the Department [of Transportation], best practices on how States, public transportation agencies, and other public officials can work with the private sector in the development, financing, construction, and operation of transportation facilities.

“(b)

Contents.—

The best practices compiled under subsection (a) shall include polices and techniques to ensure that the interests of the traveling public and State and local governments are protected in any agreement entered into with the private sector for the development, financing, construction, and operation of transportation facilities.

“(c)

Technical Assistance.—

The Secretary, on request, may provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery methods.

“(d)

Standard Transaction Contracts.—

“(1)

Development.—

Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of transportation facilities.

“(2)

Use.—

The Secretary shall encourage States, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and operation of transportation facilities.”

Vessel Transfer Authority

Pub. L. 109–364, div. C, title XXXV, § 3504,

Oct. 17, 2006

, 120 Stat. 2516, provided that:

“The Secretary of Transportation may transfer or otherwise make available without reimbursement to any other department a vessel under the jurisdiction of the Department of Transportation, upon request by the Secretary of the department that receives the vessel.”

Budget Justification

Pub. L. 112–141, div. A, title I, § 1532,

July 6, 2012

, 126 Stat. 583, provided that:

“The Secretary [of Transportation] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification for each agency of the Department concurrently with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code.”

Pub. L. 109–59, title I, § 1926,

Aug. 10, 2005

, 119 Stat. 1483, as amended by Pub. L. 110–244, title I, § 108(a),

June 6, 2008

, 122 Stat. 1602, provided that:

“Notwithstanding any other provision of law, the Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code.”

Coordinated Transportation Services

Pub. L. 105–178, title III, § 3034,

June 9, 1998

, 112 Stat. 386, provided that:

“(a)

Study.—

The Comptroller General shall conduct a study of Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services.

“(b)

Contents.—

In conducting the study, the Comptroller General shall—

“(1)

identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act [

June 9, 1998

];

“(2)

identify the amount of such assistance received by each Federal department and agency in such fiscal years; and

“(3)

identify the projects and activities funded using such financial assistance.

“(c)

Report.—

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide funding for non-emergency transportation.”

Establishment of Nationwide Differential Global Positioning System

Pub. L. 105–66, title III, § 346,

Oct. 27, 1997

, 111 Stat. 1449, provided that:

“(a)

As soon as practicable after the date of enactment of this Act [

Oct. 27, 1997

], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as ‘GWEN’) as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the ‘Nationwide Differential Global Positioning System’ (referred to in this section as ‘NDGPS’).

“(b)

As soon as practicable after the date of enactment of this Act [

Oct. 27, 1997

], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—

“(1)

if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);

“(2)

to the maximum extent practicable, use contractor services to install the NDGPS;

“(3)

modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);

“(4)

in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as ‘CORS’) system of the National Geodetic Survey of the Department of Commerce; and

“(5)

in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.

“(c)

The Secretary of Transportation may—

“(1)

manage and operate the NDGPS;

“(2)

ensure that the service of the NDGPS is provided without the assessment of any user fee; and

“(3)

in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.

“(d)

In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.

“(e)

The Secretary of Transportation may—

“(1)

in cooperation with appropriate representatives of private industries and universities and officials of State governments—

“(A)

investigate improvements (including potential improvements) to the NDGPS;

“(B)

develop standards for the NDGPS; and

“(C)

sponsor the development of new applications for the NDGPS; and

“(2)

provide for the continual upgrading of the NDGPS to improve performance and address the needs of—

“(A)

the Federal Government;

“(B)

State and local governments; and

“(C)

the general public.”

Intermodal Transportation Advisory Board and Office of Intermodalism

Pub. L. 102–240, title V, § 5002(b), (c),

Dec. 18, 1991

, 105 Stat. 2158, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and 5503 of this title by Pub. L. 103–272, §§ 1(d), 7(b),

July 5, 1994

, 108 Stat. 849, 850, 1379.

Model Intermodal Transportation Plans

Pub. L. 102–240, title V, § 5003,

Dec. 18, 1991

, 105 Stat. 2159, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103–272, §§ 1(d), 7(b),

July 5, 1994

, 108 Stat. 850, 1379.

National Commission on Intermodal Transportation

Pub. L. 102–240, title V, § 5005,

Dec. 18, 1991

, 105 Stat. 2160, provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than

Sept. 30, 1993

, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104–287, § 7(3),

Oct. 11, 1996

, 110 Stat. 3400.

Border Crossings

Pub. L. 102–240, title VI, § 6015,

Dec. 18, 1991

, 105 Stat. 2181, directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after

Dec. 18, 1991

, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits.

Underground Pipelines

Pub. L. 102–240, title VI, § 6020,

Dec. 18, 1991

, 105 Stat. 2184, directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after

Dec. 18, 1991

, a report to Congress on the results of the study, prior to repeal by Pub. L. 104–287, § 7(3),

Oct. 11, 1996

, 110 Stat. 3400.

Long-Range National Transportation Strategic Planning Study

Pub. L. 100–457, title III, § 317(b),

Sept. 30, 1988

, 102 Stat. 2149, directed Department of Transportation to undertake a long-range, multi-modal national transportation strategic planning study, such study to forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015 and to include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area, with study to be submitted to Congress on or before

Oct. 1, 1989

. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(l) [title III, § 317(b)],

Dec. 22, 1987

, 101 Stat. 1329–358, 1329–381.

Commercial Expendable Launch Vehicle Activities

Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465,

Feb. 24, 1984

, 49 F.R. 7211, set out under section 50903 of Title 51, National and Commercial Space Programs.

Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews

Ex. Ord. No. 13274,

Sept. 18, 2002

, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, § 2,

Feb. 28, 2003

, 68 F.R. 10619, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:

Section 1. Policy. The development and implementation of transportation infrastructure projects in an efficient and environmentally sound manner is essential to the well-being of the American people and a strong American economy. Executive departments and agencies (agencies) shall take appropriate actions, to the extent consistent with applicable law and available resources, to promote environmental stewardship in the Nation’s transportation system and expedite environmental reviews of high-priority transportation infrastructure projects.

Sec. 2. Actions. (a) For transportation infrastructure projects, agencies shall, in support of the Department of Transportation, formulate and implement administrative, policy, and procedural mechanisms that enable each agency required by law to conduct environmental reviews (reviews) with respect to such projects to ensure completion of such reviews in a timely and environmentally responsible manner.

(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.

(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary’s list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.

Sec. 3. Interagency Task Force. (a) Establishment. There is established, within the Department of Transportation for administrative purposes, the interagency “Transportation Infrastructure Streamlining Task Force” (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a review of transportation infrastructure projects and issue permits or similar actions, as necessary; (ii) review projects, at least quarterly, on the list of priority projects pursuant to section 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process required to provide approvals for transportation infrastructure projects, in compliance with applicable law, while maintaining safety, public health, and environmental protection.

(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.

Sec. 4. Report. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and expedited reviews on a project-by-project basis, and identifies those procedures and actions that proved to be most useful and appropriate in coordinating and expediting the review of the projects.

(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.

(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.

(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.

Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.

Sec. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

George W. Bush.

§ 301. Leadership, consultation, and cooperation

Leadership, consultation, and cooperation

Amendments

Public-private Partnerships

Best Practices.—

Contents.—

Technical Assistance.—

Standard Transaction Contracts.—

Development.—

Use.—

Vessel Transfer Authority

Budget Justification

Coordinated Transportation Services

Study.—

Contents.—

Report.—

Establishment of Nationwide Differential Global Positioning System

Intermodal Transportation Advisory Board and Office of Intermodalism

Model Intermodal Transportation Plans

National Commission on Intermodal Transportation

Border Crossings

Underground Pipelines

Long-Range National Transportation Strategic Planning Study

Commercial Expendable Launch Vehicle Activities

Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews