51 U.S.C. § 51104 — Environmental requirements
submitted 32 years ago by Pub. L. 103-272 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 499 words · no verdicts yet
Grant projects must protect and improve natural resources and environmental quality. Approval requires appropriate environmental review, public-hearing opportunity, air and water assurances, and compliance with applicable laws.
(a) United States policy is that selected projects protect and improve natural resources and environmental quality. The Secretary must consult Interior and the EPA Administrator* about projects that may significantly affect resources such as fish, wildlife, scenic or recreational assets, and air or water. If the Secretary finds a significant adverse effect, approval requires a public-record complete review and a written finding that no feasible and prudent alternative exists and all reasonable mitigation steps were taken. (b) Approval requires the sponsor to certify that the public had an opportunity for a hearing about the project’s economic, social, and environmental effects and consistency with community planning goals. If held, the sponsor must send the transcript to the Secretary. (c)(1) Approval requires written certification by the State chief executive that there is reasonable assurance the project will be located, designed, built, and operated to meet air and water standards. If the Administrator has not set the standards, the Administrator must certify. Notice of certification or refusal must come within 60 days after the application. (2) Approval must require compliance during construction and operation. (d) The Secretary may require a sponsor’s certification of compliance with all applicable laws and regulations and may later rescind acceptance. This does not change other duties, including under 49 U.S.C. 303, Civil Rights Act title VI, the Act of April 11, 1968 title VIII, NEPA, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act.
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.
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.
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.
The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.
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—
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.); and
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, § 70304 of title 49; renumbered § 70304 then § 51104 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, 3443.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1344
- 2010Amended · Pub. L. 111-314 · 124 Stat. 3440, 3441, 3443
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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