PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1875
‘‘(B) REQUIREMENTS
FOR PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REFUGES.—The requirements
of subsection (a)(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 (a)(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.’’. (2) TITLE 49.—Section 303 of title 49, United States Code, is amended— (A) by striking ‘‘(c) The Secretary’’ and inserting the following: ‘‘(c) APPROVAL OF PROGRAMS AND PROJECTS.—Subject to subsection (d), the Secretary’’; and (B) by adding at the end the following: ‘‘(d) DE MINIMIS IMPACTS.— ‘‘(1) REQUIREMENTS.— ‘‘(A) REQUIREMENTS FOR HISTORIC SITES.—The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the
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