§ 138. — Preservation of parklands.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC138]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 138. Preservation of parklands
It is hereby declared to be the national policy that special effort
should be made to preserve the natural beauty of the countryside and
public park and recreation lands, wildlife and waterfowl refuges, and
historic sites. The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States in developing
transportation plans and programs that include measures to maintain or
enhance the natural beauty of the lands traversed. After the effective
date of the Federal-Aid Highway Act of 1968, the Secretary shall not
approve any program or project (other than any project for a park road
or parkway under section 204 of this title) which requires the use of
any publicly owned land from a public park, recreation area, or wildlife
and waterfowl refuge of national, State, or local significance as
determined by the Federal, State, or local officials having jurisdiction
thereof, or any land from an historic site of national, State, or local
significance as so determined by such officials unless (1) there is no
feasible and prudent alternative to the use of such land, and (2) such
program includes all possible planning to minimize harm to such park,
recreational area, wildlife and waterfowl refuge, or historic site
resulting from such use. In carrying out the national policy declared in
this section the Secretary, in cooperation with the Secretary of the
Interior and appropriate State and local officials, is authorized 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.
(Added Pub. L. 89-574, Sec. 15(a), Sept. 13, 1966, 80 Stat. 771; amended
Pub. L. 90-495, Sec. 18(a), Aug. 23, 1968, 82 Stat. 823; Pub. L. 94-280,
title I, Sec. 124, May 5, 1976, 90 Stat. 440; Pub. L. 100-17, title I,
Sec. 133(b)(10), Apr. 2, 1987, 101 Stat. 171.)
References in Text
The effective date of the Federal-Aid Highway Act of 1968, referred
to in text, is the effective date of Pub. L. 90-495, which was approved
Aug. 23, 1968.
Amendments
1987--Pub. 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--Pub. 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--Pub. 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.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37
of Pub. L. 90-495, set out as a note under section 101 of this title.
Study of Transit Needs in National Parks and Related Public Lands
Pub. L. 105-178, title III, Sec. 3039, June 9, 1998, 112 Stat. 393,
as amended by Pub. L. 105-206, title IX, Sec. 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.
``(b) 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
Pub. L. 102-240, title I, Sec. 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.
``(b) 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.''
Section Referred to in Other Sections
This section is referred to in sections 206, 323 of this title.
