2011 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 138 - Preservation of parklands
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 138 - Preservation of parklands |
Contains | section 138 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 89-574, §15(a), Sept. 13, 1966, 80 Stat. 771; amended Pub. L. 90-495, §18(a), Aug. 23, 1968, 82 Stat. 823; Pub. L. 94-280, title I, §124, May 5, 1976, 90 Stat. 440; Pub. L. 100-17, title I, §133(b)(10), Apr. 2, 1987, 101 Stat. 171; Pub. L. 109-59, title VI, §6009(a)(1), Aug. 10, 2005, 119 Stat. 1874. |
Statutes at Large References | 80 Stat. 771 82 Stat. 823 90 Stat. 440 101 Stat. 171 105 Stat. 2000 112 Stat. 393, 862 119 Stat. 1874, 1876 |
Public Law References | Public Law 89-574, Public Law 90-495, Public Law 94-280, Public Law 100-17, Public Law 102-240, Public Law 105-178, Public Law 105-206, Public Law 109-59 |
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(a)
(b)
(1)
(A)
(B)
(C)
(2)
(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)
(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.
(Added Pub. L. 89–574, §15(a), Sept. 13, 1966, 80 Stat. 771; amended Pub. L. 90–495, §18(a), Aug. 23, 1968, 82 Stat. 823; Pub. L. 94–280, title I, §124, May 5, 1976, 90 Stat. 440; Pub. L. 100–17, title I, §133(b)(10), Apr. 2, 1987, 101 Stat. 171; Pub. L. 109–59, title VI, §6009(a)(1), Aug. 10, 2005, 119 Stat. 1874.)
References in TextFor the effective date of the Federal-Aid Highway Act of 1968, referred to in subsec. (a), see section 37 of Pub. L. 90–495, as amended, set out as an Effective Date of 1968 Amendment note under section 101 of this title.
Amendments2005—Pub. L. 109–59, §6009(a)(1)(A), which directed substitution of “(a)
Subsec. (b). Pub. L. 109–59, §6009(a)(1)(B), added subsec. (b).
1987—Pub. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of this title)” before “which requires” in third sentence.
1976—Pub. L. 94–280 authorized the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, 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.
1968—Pub. L. 90–495 amended section generally so as to render it identical to section 1653(f) of Title 49, Transportation, governing all programs and projects subject to the jurisdiction of the Secretary of Transportation.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.
Clarification of Existing StandardsPub. L. 109–59, title VI, §6009(b), Aug. 10, 2005, 119 Stat. 1876, provided that:
“(1)
“(2)
“(A) shall clarify the application of the legal standards to a variety of different types of transportation programs and projects depending on the circumstances of each case; and
“(B) may include, as appropriate, examples to facilitate clear and consistent interpretation by agency decisionmakers.”
Study of Transit Needs in National Parks and Related Public LandsPub. L. 105–178, title III, §3039, June 9, 1998, 112 Stat. 393, as amended by Pub. L. 105–206, title IX, §9009(y), July 22, 1998, 112 Stat. 862, provided that:
“(a)
“(b)
“(1)
“(2)
“(A) identify transportation strategies that improve the management of the national parks and related public lands;
“(B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, or which can benefit from alternative transportation modes;
“(C) assess the feasibility of alternative transportation modes; and
“(D) identify and estimate the costs of alternative transportation modes for each of the national parks and related public lands referred to in paragraph (1).
“(3)
Pub. L. 102–240, title I, §1050, Dec. 18, 1991, 105 Stat. 2000, provided that:
“(a)
“(b)
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