§51104 Environmental requirements

Summary

Projects chosen under this law must protect and improve the nation’s natural resources and environmental quality. The Secretary of Transportation must talk with the Secretary of the Interior and the EPA Administrator about any project that could seriously affect wildlife, scenic or recreational places, or air and water quality. If a project would cause serious harm, the Secretary can only approve it after a full public review is on the record and makes a written finding that there is no safer practical alternative and that all reasonable steps were taken to reduce the harm. A project sponsor must certify that the public had a chance for a hearing about the project’s economic, social, and environmental effects, and must send the hearing transcript if one was held. The State’s chief executive must certify in writing that the project will meet applicable air and water quality standards, or the EPA Administrator must do so if standards are not set. That certification or a refusal must be sent within 60 days after the Secretary gets the application. Approval will require meeting air and water standards during construction and use. The Secretary can require sponsors to promise to follow all laws and can withdraw acceptance of that promise. This does not change the Secretary’s duties under section 303 of title 49; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).