It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
Approval of Programs and Projects.—
Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204
See References in Text note below.
of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—
there is no prudent and feasible alternative to using that land; and
the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
De Minimis Impacts.—
Requirements for historic sites.—
The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.
Requirements for parks, recreation areas, and wildlife or waterfowl refuges.—
The requirements of subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis.
In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project.
With respect to historic sites, the Secretary may make a finding of de minimis impact only if—
the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54
, United States Code,
So in original. The words “, United States Code” probably should not appear.
the transportation program or project will have no adverse effect on the historic site; or
there will be no historic properties affected by the transportation program or project;
the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
Parks, recreation areas, and wildlife or waterfowl refuges.—
With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if—
the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
References to Past Transportation Environmental Authorities.—
Section 4(f) requirements.—
The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (
[Public Law 89–670]; [80 Stat. 934]) as in effect before the repeal of that section).
Section 106 requirements.—
The requirements of section 306108 of title 54
are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (
[Public Law 89–665]
[80 Stat. 917]
) as in effect before the repeal of that section).
Rail and Transit.—
Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
Paragraph (1) shall not apply to—
bridges or tunnels located on—
railroad lines that have been abandoned; or
transit lines that are not in use.
Clarification with respect to certain bridges and tunnels.—
The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
over which service has been discontinued; or
that have been railbanked or otherwise reserved for the transportation of goods or passengers.
[Pub. L. 97–449, § 1(b)], Jan. 12, 1983, [96 Stat. 2419]; [Pub. L. 100–17, title I, § 133(d)], Apr. 2, 1987, [101 Stat. 173]; [Pub. L. 109–59, title VI, § 6009(a)(2)], Aug. 10, 2005, [119 Stat. 1875]; [Pub. L. 113–287, § 5(p)], Dec. 19, 2014, [128 Stat. 3272]; [Pub. L. 114–94, div. A, title I], §§ 1301(b), 1302(b), 1303(b), title XI, § 11502(b), Dec. 4, 2015, [129 Stat. 1376], 1378, 1690.)