23 U.S.C. § 138 : US Code - Section 138: Preservation of parklands

Search 23 U.S.C. § 138 : US Code - Section 138: Preservation of parklands

(a) Declaration of Policy. - It is declared to be the national
policy 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
the lands traversed. After the effective date of the Federal-Aid
Highway Act of 1968, the Secretary shall not approve any program or
project (other than any project for a park road or parkway under
section 204 of this title) which requires the use of any publicly
owned land from a public park, recreation area, or wildlife and
waterfowl refuge of national, State, or local significance as
determined by the Federal, State, or local officials having
jurisdiction thereof, or any land from an historic site of
national, State, or local significance as so determined by such
officials unless (1) there is no feasible and prudent alternative
to the use of such land, and (2) such program includes all possible
planning to minimize harm to such park, recreational area, wildlife
and waterfowl refuge, or historic site resulting from such use. In
carrying out the national policy declared in this section the
Secretary, in cooperation with the Secretary of the Interior and
appropriate State and local officials, is authorized to conduct
studies as to the most feasible Federal-aid routes for the movement
of motor vehicular traffic through or around national parks so as
to best serve the needs of the traveling public while preserving
the natural beauty of these areas.
(b) De Minimis Impacts. -
(1) Requirements. -
(A) 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.
(B) Requirements for parks, recreation areas, and wildlife or
waterfowl refuges. - The requirements of subsection (a)(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 (a)(2) with respect to an area
described in paragraph (3) shall not include an alternatives
analysis.
(C) Criteria. - 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.
(2) Historic sites. - With respect to historic sites, the
Secretary may make a finding of de minimis impact only if -
(A) the Secretary has determined, in accordance with the
consultation process required under section 106 of the National
Historic Preservation Act (16 U.S.C. 470f), that -
(i) the transportation program or project will have no
adverse effect on the historic site; or
(ii) there will be no historic properties affected by the
transportation program or project;
(B) 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
(C) the finding of the Secretary has been developed in
consultation with parties consulting as part of the process
referred to in subparagraph (A).
(3) 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 -
(A) 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
(B) the finding of the Secretary has received concurrence
from the officials with jurisdiction over the park, recreation
area, or wildlife or waterfowl refuge.