51 U.S.C. § 51104: Environmental requirements

Summary

Projects funded under this law must protect and improve the country’s natural resources and environment. Before approving any project that could seriously affect things like fish and wildlife, scenic or recreational areas, or air and water quality, the Secretary of Transportation must talk with the Interior Secretary and the EPA Administrator. If the project would cause serious harm, the Secretary can only approve it after a full public review that is kept on record and a written finding that no workable and reasonable alternative exists and that all sensible steps to reduce the harm have been taken. The project sponsor must also certify that the public had a chance for a hearing about the project’s economic, social, and environmental effects and how it fits local plans, and must send the hearing transcript to the Secretary if a hearing was held. The Secretary may approve a project only if the state’s governor certifies in writing within 60 days that the project will meet air and water quality standards (or the EPA Administrator certifies if standards are not set), and approval must require meeting those standards during building and operation. The Secretary can require a sponsor to promise to follow all laws and can later withdraw acceptance of that promise; this does not remove the Secretary’s duties under other laws such as section 303 of title 49, Title VI of the Civil Rights Act of 1964, Title VIII of the Act of April 11, 1968, the National Environmental Policy Act of 1969, and the Uniform Relocation and Real Property Acquisition Act of 1970.

Title 51, §51104

National and Commercial Space Programs, Source: USLM XML via OLRC

(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 title 49;

(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.).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7030415:5804(e).Nov. 4, 1992, Pub. L. 102–588, § 505(e), 106 Stat. 5126. In subsection (a), the words “policy of the United States” are substituted for “national policy”, and the words “of the United States” are substituted for “of the Nation”, for consistency. The words “included in a project grant application” and “full and” are omitted as surplus. In subsection (b), the words “of objectives” are omitted as surplus. In subsection (c), the words “chief executive officer” are substituted for “Governor” for consistency in the revised title and because the word “State” includes the territories and possessions of the United States. In subsection (d), before clause (1), the words “in connection with any project”, “imposed on such sponsor under this section in connection with such project”, and “or discharge” are omitted as surplus. The words “laws and

Regulations

” are substituted for “statutory and administrative requirements” for consistency in the revised title.

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of Title 42 and Tables. Title VIII of the Act of April 11, 1968, referred to in subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 3601 of Title 42 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4601 of Title 42 and Tables.

Amendments

2010—Pub. L. 111–314, § 4(d)(2), (4)(D), successively renumbered section 70304 of title 49 and section 70304 of this title as this section. Subsec. (d)(1). Pub. L. 111–314, § 4(d)(6)(B), substituted “section 303 of title 49” for “section 303 of this title”.

§51104 Environmental Requirements

Summary

Title 51, §51104

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Short Title

Amendments

Citations & Metadata