§ 70304. — Environmental requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70304]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 703--SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS
Sec. 70304. Environmental requirements
(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 this title;
(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.).
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1344.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70304................................. 15:5804(e). Nov. 4, 1992, Pub. L. 102-588, Sec.
505(e), 106 Stat. 5126.
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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.
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, as amended. Title VI of the Act
is classified to subchapter V (Sec. 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, as
amended, known as the Fair Housing Act, which is classified principally
to subchapter I (Sec. 3601 et seq.) of chapter 45 of Title 42. 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, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42. 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, as amended, which is classified principally
to chapter 61 (Sec. 4601 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 4601 of Title 42 and Tables.
