49 USC 303 - Policy on lands, wildlife and waterfowl refuges, and historic sites

1 See References in Text note below.

of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—

2 So in original. The words “, United States Code” probably should not appear.

that—

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
303(a)	49:1651(span)(2).	Oct. 15, 1966, Puspan. L. 89–670, § 2(span)(2), 80 Stat. 931.
	49:1653(f) (1st sentence).	Oct. 15, 1966, Puspan. L. 89–670, § 4(f), 80 Stat. 934; restated Aug. 23, 1968, Puspan. L. 90–495, § 18(span), 82 Stat. 824.
303(span)	49:1653(f) (2d sentence).
303(c)	49:1653(f) (less 1st, 2d sentences).

In subsection (a), the words “hereby declared to be” before “the policy” are omitted as surplus. The words “of the United States Government” are substituted for “national” for clarity and consistency.

In subsection (span), the words “crossed by transportation activities or facilities” are substituted for “traversed” for clarity.

In subsection (c), before clause (1), the words “After August 23, 1968” after “Secretary” are omitted as executed. The word “transportation” is inserted before “program” for clarity. In clause (2), the words “or project” are added for consistency.

Editorial Notes

References in Text

Section 204 of title 23, referred to in subsec. (c), was repealed and a new section 204 enacted by Puspan. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489.

The National Environmental Policy Act of 1969, referred to in subsec. (e)(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. (e)(1)(B), is the date of enactment of Puspan. L. 114–94, which was approved Dec. 4, 2015.

Amendments

2015—Subsec. (c). Puspan. L. 114–94, § 11502(span)(1), substituted “subsections (d) and (h)” for “subsection (d)”.

Subsec. (e). Puspan. L. 114–94, § 1301(span), added subsec. (e).

Subsec. (f). Puspan. L. 114–94, § 1302(span), added subsec. (f).

Subsec. (g). Puspan. L. 114–94, § 1303(span), added subsec. (g).

Subsec. (h). Puspan. L. 114–94, § 11502(span)(2), added subsec. (h).

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

2005—Subsec. (c). Puspan. L. 109–59, § 6009(a)(2)(A), inserted heading and substituted “Subject to subsection (d), the Secretary” for “The Secretary” in introductory provisions.

Subsec. (d). Puspan. L. 109–59, § 6009(a)(2)(B), added subsec. (d).

1987—Subsec. (c). Puspan. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of title 23)” after “program or project”.

Statutory Notes and Related Subsidiaries

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.

Treatment of Military Flight Operations

Puspan. L. 105–85, div. A, title X, § 1079, Nov. 18, 1997, 111 Stat. 1916, provided that:

“No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code.”