23 USC 138 - Preservation of parklands

Editorial Notes

References in Text

For the effective date of the Federal-Aid Highway Act of 1968, referred to in subsec. (a)(3), see section 37 of Puspan. L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(A), (2)(A), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) 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 4321 of Title 42 and Tables.

The date of enactment of this subsection, referred to in subsec. (c)(1)(B), is the date of enactment of Puspan. L. 114–94, which was approved Dec. 4, 2015.

Amendments

2021—Subsec. (a)(1). Puspan. L. 117–58, § 11316(4), designated first sentence of subsec. (a) as par. (1), inserted span, and substituted “It is” for “It is declared to be”.

Subsec. (a)(2). Puspan. L. 117–58, § 11316(3), designated second sentence of subsec. (a) as par. (2)(A), inserted par. and subpar. headings, substituted “The Secretary” for “The Secretary of Transportation”, and added subpars. (B) and (C).

Subsec. (a)(3). Puspan. L. 117–58, § 11316(2), designated third sentence of subsec. (a) as par. (3) and inserted span, inserted dash after “unless”, redesignated cls. (1) and (2) within text as subpars. (A) and (B), respectively, and inserted line breaks before each subpar., and substituted “use of the land; and” for “use of such land, and” and “the program includes” for “such program includes”.

Subsec. (a)(4). Puspan. L. 117–58, § 11316(1), designated fourth sentence of subsec. (a) as par. (4) and inserted span.

2015—Subsec. (c). Puspan. L. 114–94, § 1301(a), added subsec. (c).

Subsec. (d). Puspan. L. 114–94, § 1302(a), added subsec. (d).

Subsec. (e). Puspan. L. 114–94, § 1303(a), added subsec. (e).

Subsec. (f). Puspan. L. 114–94, § 11502(a), added subsec. (f).

2014—Subsec. (span)(2)(A). Puspan. L. 113–287 substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” in introductory provisions.

2012—Subsec. (a). Puspan. L. 112–141 substituted “Federal lands transportation facility” for “park road or parkway under section 204 of this title”.

2005—Puspan. L. 109–59, § 6009(a)(1)(A), which directed substitution of “(a) Declaration of Policy.—It is” for “it is hereby”, was executed by making the substitution for “It is hereby” to reflect the probable intent of Congress.

Subsec. (span). Puspan. L. 109–59, § 6009(a)(1)(B), added subsec. (span).

1987—Puspan. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of this title)” before “which requires” in third sentence.

1976—Puspan. L. 94–280 authorized the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.

1968—Puspan. L. 90–495 amended section generally so as to render it identical to section 1653(f) of Title 49, Transportation, governing all programs and projects subject to the jurisdiction of the Secretary of Transportation.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–495 effective Aug. 23, 1968, see section 37 of Puspan. L. 90–495, set out as a note under section 101 of this title.

Clarification of Existing Standards

Puspan. L. 109–59, title VI, § 6009(span), Aug. 10, 2005, 119 Stat. 1876, provided that:

“(1)In general.—Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] 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—

“(A) shall clarify the application of the legal standards to a variety of different types of transportation programs and projects depending on the circumstances of each case; and

“(B) may include, as appropriate, examples to facilitate clear and consistent interpretation by agency decisionmakers.”

Study of Transit Needs in National Parks and Related Public Lands

Puspan. L. 105–178, title III, § 3039, June 9, 1998, 112 Stat. 393, as amended by Puspan. L. 105–206, title IX, § 9009(y), July 22, 1998, 112 Stat. 862, provided that:

“(a)Purposes.—The purposes of this section are to encourage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wildlife refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources and prevent adverse impact, relieve congestion, minimize transportation fuel consumption, reduce pollution (including noise and visual pollution), and enhance visitor mobility and accessibility and the visitor experience.

“(span)Study.—

“(1)In general.—The Secretary, in coordination with the Secretary of the Interior, shall undertake a comprehensive study of alternative transportation needs in national parks and related public lands managed by Federal land management agencies [to] assist in carrying out the purposes described in subsection (a). The study shall be submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than January 1, 2000.

“(2)Study elements.—The study required by paragraph (1) shall—

“(A) identify transportation strategies that improve the management of the national parks and related public lands;

“(B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, or which can benefit from alternative transportation modes;

“(C) assess the feasibility of alternative transportation modes; and

“(D) identify and estimate the costs of alternative transportation modes for each of the national parks and related public lands referred to in paragraph (1).

“(3)Definition.—For purposes of this subsection, the term ‘Federal land management agencies’ means the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management.”

Study of Alternative Transportation Modes in National Park System

Puspan. L. 102–240, title I, § 1050, Dec. 18, 1991, 105 Stat. 2000, provided that:

“(a)In General.—Not later than 12 months after the date of the enactment of this Act [Dec. 18, 1991], the Secretary, in consultation with the Secretary of the Interior, shall conduct and transmit to Congress a study of alternative transportation modes for use in the National Park System. In conducting such study, the Secretary shall consider (1) the economic and technical feasibility, environmental effects, projected costs and benefits as compared to the costs and benefits of existing transportation systems, and general suitability of transportation modes that would provide efficient and environmentally sound ingress to and egress from National Park lands; and (2) methods to obtain private capital for the construction of such transportation modes and related infrastructure.

“(span)Funding.—From sums authorized to be appropriated for park roads and parkways for fiscal year 1992, $300,000 shall be available to carry out this section.”