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

(a) Policy. U.S. policy is that projects chosen under this chapter must protect and improve natural resources and the environment. If a project might significantly affect things like fish, wildlife, scenery, recreation, or water and air quality, the Secretary of Transportation must consult the Secretary of the Interior and the head of the Environmental Protection Agency. If the Secretary finds a project will have a significant adverse effect, the project can only be approved after a full public review, and only if the Secretary writes a formal finding that no feasible, sensible alternative exists and that every reasonable step has been taken to reduce the harm. (b) Public Hearing Requirement. The Secretary can only approve an application if the sponsor certifies that the public had a chance to attend a hearing on the project's economic, social, and environmental effects, and on whether it fits community planning goals. If a hearing happens, the sponsor must send the Secretary a transcript of it. (c) Compliance With Air and Water Quality Standards. The Secretary can only approve an application if the state's chief executive officer certifies in writing that there's reasonable assurance the project will be sited, designed, built, and run in line with applicable air and water quality standards (or, if the EPA hasn't set those standards, the EPA Administrator certifies instead). That certification, or a refusal to certify, must be given within 60 days of the Secretary receiving the application. Approval must also require compliance with those standards during both construction and operation. (d) Compliance With Laws and Regulations. The Secretary may require a sponsor to certify it will follow all applicable laws and regulations, and may cancel that certification at any time. This subsection does not limit the Secretary's other legal duties, including under: section 303 of title 49; Title VI of the Civil Rights Act of 1964; Title VIII of the Act of April 11, 1968 (the Fair Housing Act); the National Environmental Policy Act of 1969; and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.