49 U.S.C. § 5324 : US Code - Section 5324: Special provisions for capital projects

Search 49 U.S.C. § 5324 : US Code - Section 5324: Special provisions for capital projects

(a) Relocation and Real Property Requirements. - The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance
for capital projects under this chapter.
(b) Consideration of Economic, Social, and Environmental
Interests. -
(1) Cooperation and consultation. - In carrying out the policy
of section 5301(e), the Secretary shall cooperate and consult
with the Secretary of the Interior and the Administrator of the
Environmental Protection Agency on each project that may have a
substantial impact on the environment.
(2) Public participation in environmental reviews. - In
performing environmental reviews, the Secretary shall review each
transcript of a hearing submitted under section 5323(b) to
establish that an adequate opportunity to present views was given
to all parties having a significant economic, social, or
environmental interest in the project, and that the project
application includes a record of -
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on the
environment.
(3) Approval of applications for assistance. -
(A) Findings by the secretary. - The Secretary may approve an
application for financial assistance for a capital project in
accordance with this chapter only if the Secretary makes
written findings, after reviewing the application and the
transcript of any hearing held before a State or local
governmental authority under section 5323(b), that -
(i) an adequate opportunity to present views was given to
all parties having a significant economic, social, or
environmental interest;
(ii) the preservation and enhancement of the environment
and the interest of the community in which the project is
located were considered; and
(iii) no adverse environmental effect is likely to result
from the project, or no feasible and prudent alternative to
the effect exists and all reasonable steps have been taken to
minimize the effect.
(B) Hearing. - If a hearing has not been conducted or the
Secretary decides that the record of the hearing is inadequate
for making the findings required by this subsection, the
Secretary shall conduct a hearing on an environmental issue
raised by the application after giving adequate notice to
interested persons.
(C) Availability of findings. - The Secretary's findings
under subparagraph (A) shall be made a matter of public record.
(c) Railroad Corridor Preservation. -
(1) In general. - The Secretary may assist an applicant to
acquire railroad right-of-way before the completion of the
environmental reviews for any project that may use the right-of-
way if the acquisition is otherwise permitted under Federal law.
The Secretary may establish restrictions on such an acquisition
as the Secretary determines to be necessary and appropriate.
(2) Environmental reviews. - Railroad right-of-way acquired
under this subsection may not be developed in anticipation of the
project until all required environmental reviews for the project
have been completed.