The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2), (3), (b)(1), (c)(2), (3), (6)(B), (d)(7)(A), and (k)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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.

Section 6002(a) of Pub. L. 109–59, which directed that this section be inserted after section 138 of subchapter I of chapter 1 of this title, was executed by adding this section after section 138 of chapter 1 of this title, to reflect the probable intent of Congress and the amendment by Pub. L. 109–59, § 1602(b)(6)(A), which struck out the subchapter I heading preceding section 101 of this title.

A prior section 139, added Pub. L. 90–495, § 16(a), Aug. 23, 1968, 82 Stat. 823; amended Pub. L. 91–605, title I, §§ 106(b)(1), 140, Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94–280, title I, § 125, May 5, 1976, 90 Stat. 440; Pub. L. 97–134, § 10, Dec. 29, 1981, 95 Stat. 1702; Pub. L. 97–424, title I, § 116(a)(3), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98–229, § 8(a), Mar. 9, 1984, 98 Stat. 56, related to additions to the Interstate System, prior to repeal by Pub. L. 105–178, title I, § 1106(c)(2)(A), June 9, 1998, 112 Stat. 136.

Pub. L. 109–59, title VI, § 6002(b), Aug. 10, 2005, 119 Stat. 1865, provided that: “Nothing in this section [enacting this section and repealing provisions set out as a note under section 109 of this title] affects any existing State environmental review process, program, agreement, or funding arrangement approved by the Secretary [of Transportation] under section 1309 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 232; 23 U.S.C. 109 note ) as such section was in effect on the day preceding the date of enactment of the SAFETEA–LU [Aug. 10, 2005].”