49 U.S.C. § 70304 : US Code - Section 70304: Environmental requirements

Search 49 U.S.C. § 70304 : US Code - Section 70304: Environmental requirements

(a) Policy. - It is the policy of the United States that projects
selected under this chapter shall provide for the protection and
enhancement of the natural resources and the quality of the
environment of the United States. In carrying out this policy, the
Secretary of Transportation shall consult with the Secretary of the
Interior and the Administrator of the Environmental Protection
Agency about a project that may have a significant effect on
natural resources, including fish and wildlife, natural, scenic,
and recreational assets, water and air quality, and other factors
affecting the environment. If the Secretary of Transportation finds
that a project will have a significant adverse effect, the
Secretary may approve the application for the project only if,
after a complete review that is a matter of public record, the
Secretary makes a written finding that no feasible and prudent
alternative to the project exists and that all reasonable steps
have been taken to minimize the adverse effect.
(b) Public Hearing Requirement. - The Secretary of Transportation
may approve an application only if the sponsor of the project
certifies to the Secretary that an opportunity for a public hearing
has been provided to consider the economic, social, and
environmental effects of the project and its consistency with the
goals of any planning carried out by the community. When a hearing
is held under this paragraph, the sponsor shall submit a copy of
the transcript of the hearing to the Secretary.
(c) Compliance With Air and Water Quality Standards. - (1) The
Secretary of Transportation may approve an application only if the
chief executive officer of the State in which the project is
located certifies in writing to the Secretary that there is
reasonable assurance that the project will be located, designed,
constructed, and operated to comply with applicable air and water
quality standards. If the Administrator has not prescribed those
standards, certification shall be obtained from the Administrator.
Notice of certification or refusal to certify shall be provided not
later than 60 days after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval
of an application on compliance with applicable air and water
quality standards during construction and operation.
(d) Compliance With Laws and Regulations. - The Secretary of
Transportation may require a certification from a sponsor that the
sponsor will comply with all applicable laws and regulations. The
Secretary may rescind at any time acceptance of a certification
from a sponsor under this subsection. This subsection does not
affect any responsibility of the Secretary under another law,
including -
(1) section 303 of this title;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et
seq.);
(4) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(5) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).