49 U.S.C. § 303 — Policy on lands, wildlife and waterfowl refuges, and historic sites

(a) It is U.S. policy to make a special effort to preserve the natural beauty of the countryside, public parks and recreation land, wildlife and waterfowl refuges, and historic sites.

(b) The Secretary of Transportation must work with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the states, to build measures into transportation plans and programs that maintain or improve natural beauty where transportation crosses the land.

(c) Approval of Programs and Projects. Except for park roads or parkways under 23 U.S.C. § 204, and subject to subsections (d) and (h), the Secretary may only approve a transportation program or project that uses publicly owned land from a nationally, state-, or locally significant park, recreation area, wildlife or waterfowl refuge, or historic site if (1) there's no prudent, feasible alternative to using that land, and (2) the project includes all possible planning to minimize the harm it causes.

(d) De Minimis Impacts. (1) These requirements count as satisfied if the Secretary finds, following this subsection, that a project's impact on the site is minimal — for historic sites, this satisfies the whole section; for parks, recreation areas, and refuges, it satisfies the no-alternative test in (c)(1) and drops the alternatives analysis otherwise required by (c)(2). In making that finding, the Secretary must count any measures required to avoid, minimize, mitigate, or offset harm as part of the project itself. (2) For historic sites, the Secretary can find minimal impact only if (A) consultation under 54 U.S.C. § 306108 shows the project will have no adverse effect, or that no historic properties are affected; (B) the state or tribal historic preservation officer agrees in writing (and the Advisory Council on Historic Preservation too, if it's part of the consultation); and (C) the finding was developed together with the parties in that consultation. (3) For parks, recreation areas, and refuges, the Secretary can find minimal impact only if (A) after public notice and a chance for public comment, the Secretary decides the project won't hurt the protected features of the site, and (B) the officials in charge of that site agree.

(e) Satisfaction of Requirements for Certain Historic Sites. (1) The Secretary must align this section's requirements with the National Environmental Policy Act and 54 U.S.C. § 306108 as closely as practical, and within 90 days of this subsection's enactment must work with the Interior Secretary and the Advisory Council's Executive Director to set up procedures for that alignment. (2) If, during a National Environmental Policy Act review, the Secretary finds no feasible or prudent alternative to using a historic site, the Secretary may include that finding in the review, notify the relevant preservation officers, the Council (if involved), and the Interior Secretary, and ask them to agree the finding is enough to satisfy (c)(1); if they all agree, no further (c)(1) analysis is needed, and the finding and agreements must go in the decision record and be posted online within 3 days of getting all the agreements. (3) If the Secretary and those same officials agree no feasible or prudent alternative exists, the Secretary may notify them of an intent to satisfy (c)(2) through the section 306108 consultation process instead; to do that, those officials must agree, in the resulting memorandum or programmatic agreement, on how the historic site will be treated.

(f) References to Past Transportation Environmental Authorities. (1) This section's requirements are commonly called "section 4(f) requirements," after the old Department of Transportation Act provision. (2) The section 306108 requirements are commonly called "section 106 requirements," after the old National Historic Preservation Act provision.

(g) Bridge Exemption From Consideration. A common concrete or steel bridge or culvert built after 1945 that is exempt from individual review under section 306108 is also exempt from review under this section.

(h) Rail and Transit. (1) Improving, maintaining, rehabilitating, or operating a railroad or rail transit line that is or was used to carry goods or passengers does not count as "using" a historic site under subsection (c), even if the line is (or could be) listed on the National Register of Historic Places. (2) Exceptions: (A) that protection does not cover stations, or bridges and tunnels on abandoned railroad lines or transit lines no longer in use. (B) But those excepted bridges and tunnels do not include ones on lines where service was merely discontinued, or that were railbanked or otherwise kept in reserve for future transportation use.