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49 U.S.C. § 303 — Policy on lands, wildlife and waterfowl refuges, and historic sites
Federal law — U.S. Code and appendices · legal_authorities
**(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) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. 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.
**(d) 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
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Source file: Laws/federal/codes/united-states-code/title-49/section-303-policy-on-lands-wildlife-and-waterfowl-refuges-and-historic-sites--630b4c9f6c.md
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Source location: Title 49, Chapter 3, § 303; chapter-003-general-duties-and-powers.md
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**(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) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. 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.
**(d) 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 (c)(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 (c)(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 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim), United States Code,22 So in original. The words “, United States Code” probably should not appear. 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.
**(e) Satisfaction of Requirements for Certain Historic Sites.—**
(1) **In general.—** — The Secretary shall—
(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) and [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim), including implementing regulations; and
(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
(2) **Avoidance alternative analysis.—**
(A) *In general.—* — If, in an analysis required under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
(i) include the determination of the Secretary in the analysis required under that Act;
(ii) provide a notice of the determination to—
(I) each applicable State historic preservation officer and tribal historic preservation officer;
(II) the Council, if the Council is participating in the consultation process under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim); and
(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).
(B) *Concurrence.—* — If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required.
(C) *Publication.—* — A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
(i) be included in the record of decision or finding of no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
(3) **Aligning historical reviews.—**
(A) *In general.—* — If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim).
(B) *Satisfaction of conditions.—* — To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim).
**(f) References to Past Transportation Environmental Authorities.—**
(1) **Section 4(f) requirements.—** — The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).
(2) **Section 106 requirements.—** — The requirements of [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).
**(g) Bridge Exemption From Consideration.—** A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) shall be exempt from consideration under this section.
**(h) Rail and Transit.—**
(1) **In general.—** — Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
(2) **Exceptions.—**
(A) *In general.—* — Paragraph (1) shall not apply to—
(i) stations; or
(ii) bridges or tunnels located on—
(I) railroad lines that have been abandoned; or
(II) transit lines that are not in use.
(B) *Clarification with respect to certain bridges and tunnels.—* — The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 306108
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Funds.—**
(1) **In general.—** — Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
(i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
(ii) acquisition of necessary scenic easements and scenic or historic sites;
(iii) provisions for pedestrians and bicycles;
(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of visual blight, including screening or removal; and
(ix) other appropriate public road facilities, as determined by the Secretary;
(B) operation and maintenance of transit facilities; and
(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
(2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A) a State (including a political subd
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title I, § 104, Oct. 15, 1966, 80 Stat. 917; Pub. L. 96–515, title II, § 204, Dec. 12, 1980, 94 Stat. 2994, related to loan insurance program for preservation of property included on National Register. See [section 303901 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section303901&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultation of Secretary with other agencies; transfer of management responsibilities; selection of rights-of-way; criteria for selection; notice; impact upon established uses**
(1)
(A) The Secretary charged with the overall administration of a trail pursuant to [section 1244(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1244/a&num=0&edition=prelim) shall, in administering and managing the trail, consult with the heads of all other affected State and Federal agencies. Nothing contained in this chapter shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for federally administered lands which are components of the National Trails System. Any transfer of management responsibilities may be carried out between the Secretary of the Interior and the Secretary of Agriculture only as provided under subparagraph (B).
(B) The Secretary charged with the overall administration of any trail pursuant to [section 1244(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1244/a&num=0&edition=prelim) may transfer management of any specified trail segment of such trail to the other appropriate Secretary pursuant to a joint memorandum of agreement containing such terms and conditions as the Secretaries consider most appropriate to accomplish the purposes of this chapter. During any period in which management responsibilities for any trail segment are transferred under such an agreement, the management of any such segment shall be subject to the laws, rules, and regulations of the Secretary provided with the management authority under the agreement, except to such extent as the agreement may otherwise expressly provide.
(2) Pu
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section410&num=0&edition=prelim), or any action taken pursuant to authority contained therein, the exterior boundary of Everglades National Park, Florida, is subject to the provisions of section 410o of this title, fixed to include the following described lands:
(1) Beginning at the intersection of the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, and the west line of township 54 south, range 37 east, as shown on the Everglades National Park base map numbered NP–EVE–7109, revised August 10, 1949;thence southerly along the west line of township 54 south, range 37 east, along the west line of Government lot 6 lying between township 54 south, and township 55 south, range 37 east, and along the west line of township 55 south, range 37 east, and township 56 south, range 37 east and along the west lines of sections 6, 7, and 18, township 57 south, range 37 east, to the southwest corner of section 18, said township and range; thence easterly along the north line of section 19, 20, 21, 22, and 23 of said township and range to the northeast corner of section 23; thence southerly along the east line of sections 23, 26, and 35 of said township and range to the southeast corner of said section 35; thence easterly along the south line of section 36, of said township and range, to the southeast corner of said section 36; thence southerly along the east line of sections 1, 12, 13, 24, 25, and 36, township 58 south, range 37 east, and along the west line of sections 6, 7, and 18, township 59 south, range 38 east, to the northwest corner of section 19, said township and range; thence easterly along the north line of sections 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.
**(b) National Highway System.—**
(1) **Description.—** — The National Highway System consists of the highway routes and connections to transportation facilities that shall—
(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel and commerce.
(2) **Components.—** — The National Highway System described in paragraph (1) consists of the following:
(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled “Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals” and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
(B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21.
(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.
(D) A strategic highway network that—
(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities f
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Availability of funds.—** — For the purpose of facilitating the timely and economical acquisition of real property interests for a transportation improvement eligible for funding under this title, the Secretary, upon the request of a State, may make available, for the acquisition of real property interests, such funds apportioned to the State as may be expended on the transportation improvement, under such rules and regulations as the Secretary may issue.
(2) **Construction.—** — The agreement between the Secretary and the State for the reimbursement of the cost of the real property interests shall provide for the actual construction of the transportation improvement within a period not to exceed 20 years following the fiscal year for which the request is made, unless the Secretary determines that a longer period is reasonable.
**(b)** Federal participation in the cost of real property interests acquired under subsection (a) of this section shall not exceed the Federal pro rata share applicable to the class of funds from which Federal reimbursement is made.
**(c) State-funded Early Acquisition of Real Property Interests.—**
(1) **In general.—** — A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.
(2) **Eligibility for reimbursement.—** — Subject to paragraph (3), funds apportioned to a State under this title may be used to participate in th
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 108
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