Page:United States Statutes at Large Volume 119.djvu/1894

 119 STAT. 1876

Notice.

23 USC 138 note. Deadline. Regulations.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

Jkt 039194

PUBLIC LAW 109–59—AUG. 10, 2005 Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. ‘‘(B) REQUIREMENTS FOR PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REFUGES.—The requirements of subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis. ‘‘(C) CRITERIA.—In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project. ‘‘(2) HISTORIC SITES.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if— ‘‘(A) the Secretary has determined, in accordance with the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that— ‘‘(i) the transportation program or project will have no adverse effect on the historic site; or ‘‘(ii) there will be no historic properties affected by the transportation program or project; ‘‘(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and ‘‘(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A). ‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REFUGES.—With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if— ‘‘(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and ‘‘(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.’’. (b) CLARIFICATION OF EXISTING STANDARDS.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall (in consultation with affected agencies and interested parties) promulgate regulations that clarify the factors to be considered and the standards to be applied in determining the prudence and feasibility of alternatives under section 138 of title 23 and section 303 of title 49, United States Code. (2) REQUIREMENTS.—The regulations—

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