49 USC 303: Policy on lands, wildlife and waterfowl refuges, and historic sites

49 USC 303: Policy on lands, wildlife and waterfowl refuges, and historic sites Text contains those laws in effect on January 23, 2000

From Title 49-TRANSPORTATIONSUBTITLE I-DEPARTMENT OF TRANSPORTATIONCHAPTER 3-GENERAL DUTIES AND POWERSSUBCHAPTER I-DUTIES OF THE SECRETARY OF TRANSPORTATION

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§303. Policy on lands, wildlife and waterfowl refuges, and historic sites

(a) 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.

(b) 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.

(c) The Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 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-

(1) there is no prudent and feasible alternative to using that land; and

(2) 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.

( Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2419 ; Pub. L. 100–17, title I, §133(d), Apr. 2, 1987, 101 Stat. 173 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
303(a)	49:1651(b)(2).	Oct. 15, 1966, Pub. L. 89–670, §2(b)(2), 80 Stat. 931 .
	49:1653(f) (1st sentence).	Oct. 15, 1966, Pub. L. 89–670, §4(f), 80 Stat. 934 ; restated Aug. 23, 1968, Pub. L. 90–495, §18(b), 82 Stat. 824 .
303(b)	49:1653(f) (2d sentence).
303(c)	49:1653(f) (less 1st, 2d sentences).

In subsection (a), the words "hereby declared to be" before "the policy" are omitted as surplus. The words "of the United States Government" are substituted for "national" for clarity and consistency.

In subsection (b), the words "crossed by transportation activities or facilities" are substituted for "traversed" for clarity.

In subsection (c), before clause (1), the words "After August 23, 1968" after "Secretary" are omitted as executed. The word "transportation" is inserted before "program" for clarity. In clause (2), the words "or project" are added for consistency.

Amendments

1987-Subsec. (c). Pub. L. 100–17 inserted "(other than any project for a park road or parkway under section 204 of title 23)" after "program or project".

Treatment of Military Flight Operations

Pub. L. 105–85, div. A, title X, §1079, Nov. 18, 1997, 111 Stat. 1916 , provided that: "No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code."

Section Referred to in Other Sections

This section is referred to in section 305 of this title; title 16 section 460kkk; title 23 sections 108, 206; title 45 sections 1116, 1212.