[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Notices]
[Pages 25451-25459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10308]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Federal Environmental Laws and Executive Orders Applicable to the 
Development and Review of Transportation Infrastructure Projects

AGENCY: Office of the Secretary, DOT.

ACTION: Notice listing Federal environmental laws and Executive Orders 
applicable to the development and review of transportation 
infrastructure projects.

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SUMMARY: Many Federal environmental statutes and Executive Orders 
establish requirements applicable to the development and review of 
transportation infrastructure projects that receive financial support 
from the Department of Transportation (DOT). DOT strives to meet these 
requirements in a manner that is both expeditious and environmentally 
sound. The goal of this notice is to contribute to this important 
effort by providing a brief description of the primary statutes and 
Executive Orders applicable to the development and review of these 
transportation infrastructure projects.

FOR FURTHER INFORMATION CONTACT: Helen Serassio; U.S. Department of 
Transportation; 400 7th Street, SW., Room 10102; Washington, DC 20590. 
Telephone 202-366-1974.

SUPPLEMENTARY INFORMATION: Many Federal environmental statutes and 
Executive Orders establish requirements applicable to the development 
and review of transportation infrastructure projects that receive 
financial support from the Department of Transportation (DOT). DOT 
strives to meet these requirements in a manner that is both expeditious 
and environmentally sound. The goal of this document is to contribute 
to this important effort by providing a brief description of the 
primary statutes and Executive Orders applicable to the development and 
review of these transportation infrastructure projects. This summary is 
not, and should not be relied upon as, an official or independent 
interpretation or expression of policy on the matters summarized.
    DOT includes 10 operating administrations and the Office of the 
Secretary of Transportation. The following table lists the Department's 
operating administrations, a citation to their National Environmental 
Policy Act procedures, and an Internet link or links where more 
information on environmental procedures may be found.\1\ Because this 
document only presents a brief summary of the main statutes and 
Executive Orders, readers who want more complete information should 
contact the relevant operating administration.
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    \1\ Due to the fact that the Coast Guard and Transportation 
Security Administration have become part of the Department of 
Homeland Security, they have not been included in this document.

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                                                       Environmental
   Departmental organization     NEPA procedures       internet links
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Federal Highway Administration  23 CFR Parts 771   http://
                                 and 650.           www.fhwa.dot.gov/
                                                    environment/
                                                    index.htm; http://ecfr.gpoaccess.gov
                                                    Title 23, Parts 771
                                                    and 650.
Federal Transit Administration  23 CFR Part 771..  http://ecfr.gpoaccess.gov
                                                    Title 23, Part 771
Federal Aviation                FAA Order 1050.1D  http://
 Administration.                 (agency-wide),     www.aee.faa.gov/aee-
                                 FAA Order          200/Environment.htm;
                                 5050.41 (Airport   http://www.faa.gov/
                                 Environmental      arp/environmental.
                                 Handbook).
Federal Railroad                64 FR 28545......  http://
 Administration.                                    www.fra.dot.gov/
                                                    Content3.asp?P=25
                                                    http://www.gpoaccess.gov/fr/index.html 1999,
                                                    page 28545.
National Highway Traffic        49 CFR Part 520..  http://
 Safety Administration.                             ecfr.gpoaccess.gov
                                                    Title 49 Part 520.
Federal Motor Carrier Safety    FMCSA Order        http://
 Administration.                 5610.1.            www.gpoaccess.gov/fr/
                                                    index.html 2004,
                                                    page 9680; http://dmses.dot.gov/docimages/p78/271575.pdf.
Bureau of Transportation        DOT Order 5610.1C  http://199.79.179.19/
 Statistics.                                        OLPFiles/OST/
                                                    008589.pdf.
Research and Special Programs   DOT Order 5610.1C  http://ops.dot.gov;
 Administration.                                    http://hazmat.dot.gov.
Maritime Administration.......  Maritime           http://
                                 Administration     www.marad.dot.gov/
                                 Order 600.1.       programs/env--
                                                    act.html.
St. Lawrence Seaway             SLS Order 10       .....................
 Development Corporation.        5610.1C.
Office of the Secretary of      DOT Order 5610.1C  http://199.79.179.19/
 Transportation.                                    OLPFiles/OST/
                                                    008589.pdf.
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[[Page 25452]]

A. Air Quality

    Clean Air Act, 42 U.S.C. 7401-7671q. This statute regulates 
emissions of air pollutants in order to protect human health and the 
environment. In general, the Clean Air Act delegates responsibility to 
State and local governments to prevent and control air pollution by 
requesting States to submit State implementation plans (SIPs) to the 
Environmental Protection Agency (EPA) for program approval and 
delegation of implementation responsibilities. SIPs are written plans 
that States develop to provide for attainment and maintenance of the 
National Ambient Air Quality Standards (NAAQS). If a State fails to 
create and implement an adequate SIP, EPA creates and implements its 
own SIP for that State. In 1990, Congress amended the Clean Air Act to 
include parts that: strengthen measures for attaining air quality 
standards (Title I); set forth provisions relating to mobile sources 
(Title II); expand the regulation of hazardous air pollutants (Title 
III); require substantial reductions in power plant emissions for 
control of acid rain (Title IV); establish operating permits for all 
major sources of air pollution (Title V); establish provisions for 
stratospheric ozone protection (Title VI) and expand enforcement powers 
and penalties (Title VII). [Source: 42 U.S.C. 7401.] Regulations 
implementing the Clean Air Act may be found in 40 CFR parts 50-99.
    Transportation plans, programs and highway and transit projects 
must conform to the State's air quality implementation plans that 
provide for attainment of the NAAQS under regulations at 40 CFR part 51 
subpart T. DOT actions other than highway and transit actions must also 
conform to the SIP under EPA's General Conformity regulation, 40 CFR 
part 51 subpart W. Conformity requirements apply to actions in 
nonattainment and maintenance areas.

B. Noise

    Section 136(b) of Public Law 91-605, 23 U.S.C. 109(h) & 109(i). 
Title 23 of the United States Code, sections 109(h) and 109(i), require 
the Secretary of Transportation to promulgate guidelines to ``assure 
that possible adverse economic, social, and environmental effects 
relating to any proposed project on any Federal-aid system have been 
fully considered in developing such project, and that the final 
decisions on the project are made in the best overall public interest, 
taking into consideration the need for fast, safe, and efficient 
transportation, public services, and the costs of eliminating or 
minimizing such adverse effects and the following: (1) Air, noise, and 
water pollution; * * *'' and to ``develop and promulgate standards for 
highway noise levels compatible with different land uses and * * * 
shall not approve plans and specifications for any proposed project on 
any Federal-aid system * * * unless he determines that such plans and 
specifications include adequate measures to implement the appropriate 
noise level standards.'' The FHWA regulations for the mitigation of 
highway traffic noise in the planning and design of federally aided 
highways are contained in title 23 of the Code of Federal Regulations 
part 772. Compliance with the noise regulations is a prerequisite for 
the granting of Federal-aid highway funds for construction or 
reconstruction of a highway. [Source: 23 U.S.C. 109(h) & 109(i).]

C. Environmental Justice

    Executive Order No. 12898, ``Federal Actions To Address 
Environmental Justice in Minority Populations and Low-income 
Populations.'' This Executive Order establishes a formal Federal policy 
on environmental justice. The Council on Environmental Quality (CEQ) 
has oversight of the Federal Government's compliance with EO 12898. CEQ 
has published a guidance document on environmental justice for Federal 
agencies. In addition, all Federal agencies were directed under EO 
12898 to establish internal directives to ensure that the spirit of the 
Order is reflected in the full range of their activities. The CEQ's 
guidance describes how analysis of environmental justice impacts must 
be integrated within the NEPA framework, including the scoping, public 
participation, analysis, alternatives and mitigation phases of NEPA 
analysis. The U.S. Department of Transportation's agency level order 
establishing procedures for compliance with EO 12898 establishes 
requirements for integrating environmental justice into the NEPA 
process through analysis of environmental justice impacts and public 
involvement, as well as definitions of relevant terms. [Source: 
Executive Order No. 12898.]

D. Wildlife

    1. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, at Section 1536. The Endangered Species Act (ESA) provides for 
the protection of species that are at risk of extinction throughout all 
or a significant portion of their range, and for the protection of 
ecosystems on which they depend. Generally, the U.S. Fish and Wildlife 
Service (FWS) coordinates ESA activities for terrestrial and freshwater 
species, and the National Marine Fisheries Service (NMFS) coordinates 
ESA activities for marine and anadromous species.
    The ESA provides for the listing of plant and animal species that 
are endangered or threatened. All listing decisions are based solely on 
the best scientific and commercial data available, and consideration of 
economic impacts during the listing process is prohibited by the Act. 
Under section 7 of the ESA, all Federal agencies are required to 
undertake programs for the conservation of endangered and threatened 
species. Any Federal action that would jeopardize a listed species or 
destroy or modify its critical habitat is prohibited. Section 7 
activities must be carried out in consultation with FWS or NMFS. 
[Source: 16 U.S.C 1531.] Requirements for the consultation process are 
described in 50 CFR part 402.
    2. Executive Order 13112, ``Invasive Species.'' The purpose of this 
Executive Order is to prevent the introduction of invasive species into 
the natural environment and provide for their control and minimize the 
economic, ecological and human health impacts that invasive species may 
cause. The Order established an Invasive Species Council to oversee 
implementation of the Order, oversee Federal agency activities 
concerning invasive species, develop a National Invasive Species 
Management Plan and facilitate development of a coordinated network 
among Federal agencies to document, evaluate, and monitor impacts from 
invasive species on the economy, environment and human health. Each 
Federal agency whose actions may affect the status of invasive species 
is directed to identify such actions and attempt to prevent the 
introduction of invasive species and not authorize, fund or carry out 
actions that it believes are likely to cause or promote the 
introduction or spread of invasive species. [Source: Executive Order 
13112.]
    3. Marine Mammal Protection Act, 16 U.S.C. 1361. This statute 
establishes a Federal responsibility to conserve marine mammals with 
management vested in both the Departments of the Interior and Commerce. 
The Act created a moratorium, with certain exceptions, on the taking of 
marine mammals in United States waters and by United States citizens on 
the high seas, and on the importing of marine mammals and marine mammal 
products into the United States. Native Americans, Aleuts and Eskimos 
are exempted from the moratorium on taking provided that the taking is 
conducted for the sake of

[[Page 25453]]

subsistence or for the purpose of creating and selling authentic native 
articles of handicraft and clothing. [Source: 16 U.S.C. 1361.] 
Applicable regulations: National Oceanic and Atmospheric 
Administration, Department of Commerce--Civil procedures, 15 CFR Part 
904; United States Fish and Wildlife Service, Department of the 
Interior--General provisions, 50 CFR Part 10; United States Fish and 
Wildlife Service, Department of the Interior--Marine mammals, 50 CFR 
Part 18; United States Fish and Wildlife Service, Department of the 
Interior--Administrative procedures for grants-in-aid (Marine Mammal 
Protection Act of 1972), 50 CFR Part 82; National Marine Fisheries 
Service, National Oceanic and Atmospheric Administration, Department of 
Commerce--Regulations governing the taking and importing of marine 
mammals, 50 CFR Part 216; National Marine Fisheries Service, National 
Oceanic and Atmospheric Administration, Department of Commerce--
Regulations governing the taking and importing of marine mammals, 50 
CFR Part 216; National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Department of Commerce--General provisions, 
50 CFR Part 217; National Marine Fisheries Service, National Oceanic 
and Atmospheric Administration, Department of Commerce--Endangered fish 
or wildlife, 50 CFR Part 222; National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, Department of 
Commerce--Authorization for commercial fisheries under Marine Mammal 
Protection Act of 1972, 50 CFR Part 229; National Marine Fisheries 
Service, National Oceanic and Atmospheric Administration, Department of 
Commerce--Whaling provisions, 50 CFR Part 230; and, Joint Regulations 
(United States Fish and Wildlife Service, Department of the Interior 
and National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
Regulations--Transfer of marine mammal management authority to States, 
50 CFR Part 403.
    4. Anadromous Fish Conservation Act, 16 U.S.C. 757a-757g. This 
statute authorizes the Secretaries of the Interior and Commerce to 
enter into cooperative agreements with the States and other non-Federal 
interests for conservation, development and enhancement of anadromous 
fish, including those in the Great Lakes, and to contribute up to 50 
percent as the Federal share of the cost of carrying out such 
agreements. Authorized are investigations, engineering and biological 
surveys, research, stream clearance, construction, maintenance, and 
operations of hatcheries and devices and structures for improving 
movement, feeding and spawning conditions. Also authorized is 
construction by the Bureau of Reclamation and the Army Corps of 
Engineers of water resource projects needed solely for such fish. The 
Fish and Wildlife Service is authorized to conduct studies and make 
recommendations to the EPA concerning measures for eliminating or 
reducing pollution substances detrimental to fish and wildlife in 
interstate or navigable waters, or their tributaries. [Source 16 U.S.C. 
757a-g.] Endangered Species Committee Regulations--Anadromous fisheries 
conservation, development and enhancement, 50 CFR Part 401.
    5. Fish and Wildlife Conservation Act, 16 U.S.C. 2901-2911. This 
statute authorizes financial and technical assistance to the States for 
the development, revision, and implementation of conservation plans and 
programs for nongame fish and wildlife. [Source: 16 U.S.C. 2901-2911.] 
United States Fish and Wildlife Service, Department of the Interior--
Rules implementing the Fish and Wildlife Conservation Act of 1980, 50 
CFR Part 83.
    6. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d. This 
statute requires consultation with the U.S. Fish and Wildlife Service 
(FWS) and the appropriate State wildlife agency when a project will 
impound, divert, channelize, or otherwise control or modify the waters 
of any stream or other body of water. Generally, if a permit is 
required under sections 9 or 10 of the River and Harbor Act of 1899, or 
sections 402 or 404 of the Clean Water Act, the consultation 
requirement will apply. Permit applications will be forwarded to the 
FWS, which will review them according to their ``Guidelines for the 
Review of Fish and Wildlife Aspects of Proposals in or Affecting 
Navigable Waterways,'' published in the Federal Register on December 1, 
1975. The FWS issued a mitigation policy in the Federal Register on 
January 23, 1981, that can be consulted when planning mitigation 
measures. The results of the consultation should be included in the 
Final EIS or EA. [Sources: 33 U.S.C. 401, 16 U.S.C. 661.]
    7. Executive Order 13186, ``Responsibility of Federal Agencies To 
Protect Migratory Birds.'' This Executive Order directs each Federal 
agency taking actions that have, or are likely to have, a measurable 
effect on migratory bird populations to develop and implement, within 
two years, a Memorandum of Understanding with the Fish and Wildlife 
Service that shall promote the conservation of migratory bird 
populations. The Department of the Interior was given the task to 
establish an interagency Council for the Conservation of Migratory 
Birds to oversee the implementation of the Order. [Source: Executive 
Order 13186.]
    8. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The purpose of 
this statute is to protect the most common wild birds found in the 
United States by making it unlawful for anyone to kill, capture, 
collect, possess, buy, sell, trade, ship, import, or export any 
migratory bird. Also covered by the Act is the indirect killing of 
birds by destruction of their nests and eggs. The Fish and Wildlife 
Service reviews and comments on proposals that could kill birds, even 
indirectly. [Source: 16 U.S.C. 703.] The Fish and Wildlife Service's 
implementing regulations are located at 50 CFR part 10, 50 CFR part 14, 
and 50 CFR part 20.
    9. Nonindigenous Aquatic Nuisance Prevention and Control Act, 16 
U.S.C. 4701-4751. The purpose of this statute is to prevent 
unintentional introduction and dispersal of nonindigenous species into 
waters of the United States through ballast water management and other 
requirements; to coordinate federally conducted, funded or authorized 
research, prevention control, information dissemination and other 
activities regarding the zebra mussel and other aquatic nuisance 
species; to develop and carry out environmentally sound control methods 
to prevent, monitor and control unintentional introductions of 
nonindigenous species from pathways other than ballast water exchange; 
to understand and minimize economic and ecological impacts of 
nonindigenous aquatic nuisance species that become established, 
including the zebra mussel; and to establish a program of research and 
technology development and assistance to States in the management and 
removal of zebra mussels. [Source: 16 U.S.C. 4701-4751.] Applicable 
regulations: Coast Guard's implementing regulations at 33 CFR part 151.

E. Historic and Cultural Resources

    1. Section 106 of the National Historic Preservation Act, 16 U.S.C. 
470f. Section 106 of the National Historic Preservation Act, in 
general, requires the head of any Federal agency having

[[Page 25454]]

jurisdiction over a proposed Federal or federally assisted undertaking, 
or having authority to license an undertaking, to take into account the 
effect of the undertaking on any property included in or eligible for 
inclusion in the National Register of Historic Places. Section 106 also 
requires the agency head to afford the Advisory Council on Historic 
Preservation (ACHP) a reasonable opportunity to comment on such 
undertaking. [Source: 16 U.S.C. 470f.] The ACHP's regulations 
implementing section 106 appear at 36 CFR part 800.
    2. Archeological Resources Protection Act, 16 U.S.C. 470aa-11. This 
statute preserves and protects paleontological resources, historic 
monuments, memorials and antiquities from loss or destruction. The Act 
applies to archeological resources on federally or Native American-
owned property, establishes penalties for looting and vandalizing such 
archaeological sites and places protection and management 
responsibilities on Federal agencies having jurisdiction over land on 
which the resources may be situated. [Source: 16 U.S.C. 470aa-11.] 
Regulations concerning the Archaeological Resources Protection Act may 
be found at 43 CFR Part 7, Protection of Archaeological Resources and 
43 CFR Part 79, Curation of Federally-Owned and Administered 
Archaeological Collections.
    3. Archeological and Historic Preservation Act, 16 U.S.C. 469-469c. 
This statute carries out the policy established by the Historic Sites 
Act and directs Federal agencies to notify the Secretary of the 
Interior (National Park Service) whenever they find a Federal or 
federally assisted, licensed, or permitted project may cause loss or 
destruction of significant scientific, prehistoric or archeological 
data. The Department of the Interior and/or the Federal agency may 
undertake a survey or data recovery. [Source: 16 U.S.C. 469-469c.] The 
Department of the Interior's implementing regulations can be found at 
43 CFR part 7.
    4. Native American Grave Protection and Repatriation Act (NAGPRA), 
25 U.S.C. 3001-3013. This statute establishes a means for American 
Indians, Native Hawaiians, and Native Alaskans to request the return of 
human remains and other cultural items presently held by Federal 
agencies or federally assisted museums or institutions. The Act also 
contains provisions regarding the intentional excavation and removal 
of, inadvertent discovery of, and illegal trafficking in Native 
American human remains and cultural items. All Federal agencies that 
manage land and/or are responsible for archaeological collections from 
their lands or generated by their activities must comply with the Act. 
[Source: 25 U.S.C. 3001.] The Department of the Interior's regulations 
implementing NAGPRA may be found at 43 CFR part 10.
    5. Executive Order No. 13007, ``Indian Sacred Sites.'' This 
Executive Order requires Federal land managing agencies to accommodate 
access to and ceremonial use of Indian sacred sites by Indian religious 
practitioners and to avoid adversely affecting the physical integrity 
of such sacred sites. It also requires agencies to develop procedures 
for reasonable notification of proposed actions or land management 
policies that may restrict access to or ceremonial use of, or adversely 
affect, sacred sites. [Source: Executive Order 13007.]

F. Social and Economic Impacts

    1. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (Uniform Act), 42 U.S.C. 4601-4655. This statute 
establishes a policy for the fair and equitable treatment of persons 
displaced as a result of Federal and federally assisted programs. If 
land is to be acquired for a Federal or federally assisted program, the 
program's environmental documentation should contain a description of 
the land to be acquired. In cases where an acquisition requires the 
displacement of businesses or individuals, there is a social impact 
that must be analyzed as part of the environmental documentation 
process. [Source: 42 U.S.C. 4601.] Federal regulations implementing the 
Uniform Act are contained in 49 CFR part 24.
    2. Executive Order 13045, ``Protection of Children from 
Environmental Health and Safety Risks.'' This Executive Order directs 
each agency to ``ensure that its policies, programs, activities, and 
standards address disproportionate risks to children * * *'' Also, for 
each regulatory action subject to the Order, agencies must conduct ``an 
evaluation of the environmental health or safety effects of the planned 
regulation on children'' and include ``an explanation of why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the agency.'' These 
findings are to be submitted to OMB's Office of Information and 
Regulatory Affairs (OIRA) for review. In addition, the Order created a 
task force, co-chaired by the Secretary of Health and Human Services 
and the EPA Administrator, to make recommendations to the President on 
Federal strategies for children's environmental health and safety. 
[Source: Executive Order 13045.]
    3. Executive Order No. 13175, ``Consultation and Coordination With 
Indian Tribal Governments.'' This Executive Order establishes regular 
and meaningful consultation and collaboration with Indian tribal 
governments in the development of regulatory practices on Federal 
matters that significantly or uniquely affect their communities. Each 
agency is responsible for establishing a process to permit elected 
officials and other representatives of Indian tribal governments to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities. [Source: Executive Order No. 13175.]
    4. American Indian Religious Freedom Act, 42 U.S.C. 1996. This 
statute protects and preserves places of religious importance to 
American Indians, Eskimos, Aleuts, and Native Hawaiians, including 
access to sites, use and possession of sacred objects and the freedom 
to worship through ceremonials and traditional rites. This Act applies 
to all projects that affect places of religious importance to Native 
Americans. [Source 42 U.S.C. 1996.] Applicable regulations: Forest 
Service, Department of Agriculture--Protection of archaeological 
resources: Uniform regulations, 36 CFR Part 296; Office of the 
Secretary of the Interior--Protection of archaeological resources: 
Uniform regulations, 43 CFR Part 7; and, United States Fish and 
Wildlife Service, Department of the Interior--Seizure and forfeiture 
procedures, 50 CFR Part 12.
    5. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209. This 
statute minimizes the impact Federal programs have on the unnecessary 
and irreversible conversion of farmland to nonagricultural uses. 
Federal programs are to be administered to be compatible with State, 
local units of government, and private programs and policies to protect 
farmland. Federal agencies are required to develop and review their 
policies and procedures to implement the FPPA. The FPPA does not 
authorize the Federal Government to regulate the use of private or 
nonfederal land. Projects are subject to FPPA if they may irreversibly 
convert farmland directly or indirectly to nonagricultural use and are 
completed by a Federal agency or with assistance from a Federal agency. 
[Source: 7 U.S.C. 4201-4209.] Implementing regulations by the 
Department of Agriculture, Natural Resources Conservation Service are 
found at 7 CFR part 658.

[[Page 25455]]

G. Water Resources and Wetlands

    1. Clean Water Act, 33 U.S.C. 1251-1377. This statute establishes 
the basic structure for regulating discharges of pollutants into the 
waters of the United States. It gives the EPA the authority to 
implement pollution control programs, such as setting wastewater 
standards for industry. The Clean Water Act also contains requirements 
to set water quality standards for all contaminants in surface waters. 
The Act makes it unlawful for any person to discharge any pollutant 
from a point source into navigable waters, unless a permit is obtained. 
The Act also funds construction of sewage treatment plants under the 
construction grants program. Section 401 requires water quality 
certification from the applicable State Water Resource Agency. Section 
319 requires that all projects be consistent with State Non-Point 
Source Pollution Management programs. Section 404, as discussed below, 
requires the applicant obtain a permit for dredge or fill material from 
the U.S. Army Corps of Engineers or State agency, as appropriate. 
Section 402 requires that permits for all other discharges are to be 
acquired from the EPA or appropriate State agency. [Source: 33 U.S.C. 
1251-1376.] Applicable regulations may be found at 23 CFR part 650 
subpart B, 33 CFR parts 209, 320-323, 325, 328, 329, and 40 CFR parts 
121-125, 129-131, 133, 135-136, 230-231.
    2. Section 404 of the Clean Water Act, 33 U.S.C. 1344. This section 
authorizes the U.S. Army Corps of Engineers (USACE) to regulate 
discharges of dredged or fill material into waters of the United 
States, including wetland areas. This authority encompasses fill that 
occurs as a result of infrastructure development, such as a light rail 
line or a bus terminal. In issuing permits, the Corps of Engineers must 
apply guidelines developed by the Administrator of the Environmental 
Protection Agency, and EPA may prohibit fill or disposal at a site or 
area. [Source: 33 U.S.C. 1344.] Regulations outlining USACE's authority 
and general policies for implementing the program are found at 33 CFR 
part 320 and 40 CFR part 230.
    3. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510. This statute 
designates a protected network of undeveloped coastal barriers located 
on the Atlantic and Gulf Coasts called the Coastal Barrier Resources 
System. Section 5 of this Act prohibits Federal expenditures for 
construction of any facilities, structures, roads, bridges, airports, 
etc., within the System. Exceptions can be made for some activities 
such as the maintenance of existing channel improvements and related 
structures, and the maintenance, replacement, reconstruction, or repair 
(not expansion) of publicly-operated roads or facilities which are 
essential links in a larger network or system. Consultation with the 
U.S. Department of the Interior is required. When a proposed project 
impacts a coastal barrier unit, the Draft Environmental Impact 
Statement (EIS) should:
     Include a map showing the relationship of each alternative 
to the unit(s);
     Identify direct and indirect impacts to the unit(s), 
qualifying and describing the impacts as appropriate;
     Discuss the results of early coordination with the Fish 
and Wildlife Service, identifying any issues raised and how they were 
addressed;
     Identify any alternative which (if selected) would require 
an exception under the Act.
    Any issues identified or exceptions required for the preferred 
alternative should be resolved prior to its selection. This resolution 
is documented in the final EIS. [Source: 16 U.S.C. 3501.]
    4. Coastal Zone Management Act, 16 U.S.C. 1451-1465. This statute 
established a voluntary program in which, of the 35 States with coastal 
zones, 28 States are currently participating. These States have 
Department of Commerce approved State plans and receive Federal money 
and technical assistance to administer their programs. If a 
transportation project will directly affect the coastal zone of any 
State with an approved Coastal Zone Management (CZM) Program, the 
environmental document must show whether the project will be consistent 
with the CZM Plan. The State agency managing the program, called the 
principal 306 agency, is usually the State Department of Natural 
Resources or equivalent agency. This agency should be consulted for 
procedures that are used to determine consistency with the CZM Plan and 
its opinion on whether the proposed project is consistent with the 
State's program. The environmental document should present the 
applicant's certification that the project is (or is not) consistent 
with the CZM program and the views of the State agency. [Source: 16 
U.S.C. 1451.]
    5. Land and Water Conservation Fund (LWCF), 16 U.S.C. 460l-4. This 
statute provides money to Federal, State and local governments to 
purchase land, water and wetlands for the benefit of the public. Lands 
and waters purchased through the LWCF are used to:
     Provide recreational opportunities
     Provide clean water
     Preserve wildlife habitat
     Enhance scenic vistas
     Protect archaeological and historical sites
     Maintain the pristine nature of wilderness areas
    Land is bought from landowners at fair-market value (unless the 
owner chooses to offer the land as a donation or at a reduced price). 
The Fund receives money mostly from fees paid by companies drilling 
offshore for oil and gas. Other funding sources include the sale of 
surplus Federal real estate and taxes on motorboat fuel. Section 6(f) 
of the Act contains provisions to protect Federal investments and the 
quality of assisted resources. It discourages the casual loss of park 
and recreation facilities by ensuring changes or conversions from 
recreation use will bear a cost. The ``anti-conversion'' requirement 
applies to all parks and other sites that have been the subject of Land 
and Water grants of any type. [Source 16 U.S.C. 460l-4.] Implementing 
regulations: Forest Service, Department of Agriculture--Occupancy and 
use of developed sites and areas of concentrated public use, 36 CFR 
part 291.
    6. Rivers and Harbors Act of 1899, 33 U.S.C. 403. This statute 
provides for the protection of navigable waters in the United States by 
prohibiting the construction of any bridge, dam, dike or causeway over 
or in navigable waterways of the United States without Congressional 
approval. Administration of section 9 has been delegated to the Coast 
Guard. Structures authorized by the State legislatures may be built if 
the affected navigable waters are totally within one State, provided 
that the Chief of Engineers and the Secretary of the Army approve the 
plan. Under section 10 of the Act, the building of any wharfs, piers, 
jetties, and other structures is prohibited without Congressional 
approval, and excavation or fill within navigable waters requires the 
approval of the Chief of Engineers. [Sources: 33 U.S.C. 401, 33 U.S.C. 
403.] Applicable regulations: Administrative procedure with respect to 
the Corps of Engineers, 33 CFR Part 209; Permits for structures or work 
in or affecting navigable waters of United States, 33 CFR Part 322; 
Corps of Engineers nationwide permit program, 33 CFR Part 330.
    7. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6. This 
statute seeks to ensure public health and welfare through safe drinking 
water. The SDWA applies to all public drinking water systems and 
reservoirs and actions that may have a significant impact on an aquifer 
or wellhead

[[Page 25456]]

protection area that is the sole or principal drinking water. The 1996 
amendments require States to develop and implement Source Water 
Assessment Programs to analyze existing and potential threats to the 
quality of the public drinking water throughout the State. [Source: 42 
U.S.C. 300f-300j-6.] The EPA regulations on SDWA: National primary 
drinking water regulations, 40 CFR Part 141, and National primary 
drinking water regulations implementation, 40 CFR Part 142.
    8. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287. This statute 
preserves and protects wild and scenic rivers and immediate environs 
for the benefit of present and future generations. All streams and 
their adjacent land areas which are included in the National Wild and 
Scenic Rivers System are classified and designated in the following 
categories: wild river areas, scenic river areas, or recreational river 
areas. Project proposals and reports that may have a direct and adverse 
effect on designated and potential rivers must be coordinated with the 
appropriate Federal agency, either the Department of the Interior or 
Agriculture. [Source: 16 U.S.C. 1271-1287.] Applicable regulations: 
Department of Agriculture--Forest Service, 36 CFR Part 297; Department 
of the Interior--National Park Service, 43 CFR Part 8350.
    9. Executive Order No. 11990, ``Protection of Wetlands.'' This 
Executive Order was created to avoid the long and short term adverse 
impacts associated with the destruction or modification of wetlands and 
to avoid direct or indirect support of new construction in wetlands 
wherever there is a practicable alternative. The Order directs Federal 
agencies to avoid undertaking or providing assistance for new 
construction located in wetlands unless the head of the agency finds 
(1) that there is no practicable alternative to such construction, and 
(2) that the proposed action includes all practicable measures to 
minimize harms to wetlands that may result from such use. In making 
this finding, the agency may take into account economic, environmental 
and other pertinent factors. [Source: Executive Order No. 11990.] 
Preservation of the Nation's Wetlands, U.S. DOT Order 5660.1A, sets 
forth the U.S. Department of Transportation policy for interpreting 
Executive Order 11990. The Order requires that transportation 
facilities and projects should be planned, constructed, and operated to 
assure the protection, preservation, and enhancement of the Nation's 
wetlands to the fullest extent practicable, and establishes procedures 
for implementation of the policy. [Source: U.S. DOT Order 5660.1A.]
    10. Executive Order No. 11988, ``Floodplain Management.'' This 
Executive Order emphasizes the importance of floodplains and directs 
Federal agencies to avoid conducting, allowing or supporting actions on 
a floodplain. When contemplating transportation projects, maps of the 
Federal Insurance Administration should be consulted to determine if 
the proposed project site is located within the 100-year floodplain. 
Flood Insurance Rate Maps (FIRMs) are available for review at local 
zoning or planning commission offices. If the proposed project is 
located within a floodplain, a detailed analysis should be included in 
the environmental document, as specified in U.S. Department of 
Transportation Order 5650.2, ``Floodplain Management and Protection.'' 
The analysis should discuss any risk to, or resulting from, the action, 
the impacts on natural and beneficial floodplain values, the degree to 
which the action provides direct or indirect support for development in 
the floodplain and measures to minimize harm or to restore or preserve 
the natural and beneficial floodplain values affected by the project. 
[Sources: Executive Order No. 11988 and U.S. Department of 
Transportation Order 5650.2.]
    11. Emergency Wetlands Resources Act, 16. U.S.C. 3921, 3931. This 
statute promotes the conservation of wetlands in the United States in 
order to maintain the public benefits they provide. The statute 
requires the preparation of a national wetlands priority conservation 
plan that provides priority with respect to Federal and State 
acquisition and also provides direction for the national wetlands 
inventory. This statute also authorized the purchase of wetlands from 
Land and Water Conservation Fund monies. It required the Secretary of 
the Interior to establish a National Wetlands Priority Conservation 
Plan, required the States to include wetlands in their Comprehensive 
Outdoor Recreation Plans, and transferred to the Migratory Bird 
Conservation Fund amounts equal to the import duties on arms and 
ammunition.
    The Act also required the Secretary of the Interior to report to 
Congress on wetlands loss, including an analysis of the role of Federal 
programs and policies in inducing such losses. In addition, it directed 
the Secretary of the Interior, through the Fish and Wildlife Service, 
to continue the National Wetlands Inventory; to complete by September 
30, 1998, mapping of the contiguous United States; to produce, as soon 
as practicable, maps of Alaska and other noncontiguous portions of the 
United States; and to produce, by September 30, 1990, and at ten-year 
intervals thereafter, reports to update the September 1982 ``Status and 
Trends of Wetlands and Deepwater Habitat in the Coterminous United 
States, 1950's to 1970's.'' The Fish and Wildlife Service coordinates 
this statute. [Source: 16. U.S.C. 3921, 3931.]
    12. Transportation Equity Act for the 21st Century: Wetlands 
Mitigation. 23 U.S.C. 103(b)(6)(m), 133(b)(11). Mitigation of wetlands 
impacts related to projects funded through the National Highway System 
(NHS) and Surface Transportation Program (STP) is eligible for program 
funds, including participation in wetland mitigation banks; 
restoration, enhancement and creation of wetlands; and contributions to 
statewide and regional plans, including banks authorized under the 
Water Resources Development Act . For projects funded through NHS or 
STP, it applies to federally undertaken, financed, or assisted 
construction and improvements, or such projects with impacts on 
wetlands. Participants must evaluate and mitigate impacts on wetlands 
and a specific finding regarding wetlands is required in the final 
environmental document. TEA-21 established a preference for mitigation 
banking to compensate for unavoidable losses to wetlands and other 
natural habitat caused by transportation projects funded under title 
23. [Sources: 23 U.S.C. 103(b)(6)(m), 133(b)(11).] Implementing 
guidance: Federal Guidance for the Establishment, Use and Operation of 
Mitigation Banks (60 FR 58605; Nov. 28, 1995) and Guidance on the Use 
of the TEA-21 Preference for Mitigation Banking, July 11, 2003.
    13. Flood Disaster Protection Act, 42 U.S.C. 4001-4128. The Act 
requires any federally assisted acquisition or construction project to 
avoid, or the design to be consistent with, flood-hazard areas 
identified by the Federal Emergency Management Agency (FEMA). The Act 
mandates flood insurance for all federally backed mortgages and 
mortgages and loans obtained through federally insured and regulated 
financial institutions. In addition, disaster assistance grants (public 
assistance) are not available to local governments not participating in 
the program. [Source: 42 U.S.C. 4001-4128.] Applicable regulations 23 
CFR 771, 44 CFR parts 59-62, 64-68, 70-71, 75-77.
    14. Marine Protection Research and Sanctuaries Act, 33 U.S.C. 1401-
1445. The purpose of this statute is to prevent

[[Page 25457]]

``unregulated dumping of material into the oceans, coastal, and other 
waters'' that endanger ``human health, welfare, and amenities, and the 
marine environment, ecological systems and economic potentialities.'' 
Moreover, the transportation and dumping of radioactive, chemical, or 
biological substances is forbidden. This Act also includes Title III, 
known as the National Marine Sanctuaries Act, which charged the 
Secretary of Commerce to identify, designate, and manage marine sites 
based on conservational, ecological, recreational, historical, 
aesthetic, scientific or educational value within significant national 
ocean and Great Lakes waters. [Source: 33 U.S.C. Sec. Sec.  1401-1445.] 
Applicable regulations are found at 33 CFR parts 320 and 330 and 40 CFR 
parts 220-225, 227-228, and 230-231.
    15. Water Bank Act, 16 U.S.C. 1301-1311. The Water Bank Act's 
purpose is to preserve, restore and improve wetlands of the Nation. 
This Act applies to any agreements with landowners and operators in 
important migratory waterfowl nesting and breeding areas. The Act 
authorized the Secretary of Agriculture, after coordination with the 
Secretary of the Interior, to enter into 10-year contracts with 
landowners to preserve wetlands and retire adjoining agricultural lands 
and directs the Secretary of Agriculture to reexamine payment rates 
every 5 years after 1980. The amount to be expended in any one State in 
any calendar year is limited to not more than 15 percent of the funds 
appropriated. [Source: 16 U.S.C. 1301-1311.] The Department of 
Agriculture's implementing regulations are found at 7 CFR part 752.
    16. Act to Prevent Pollution From Ships, 33 U.S.C. 1901-1911. This 
statute requires ships in U.S. waters, and U.S. ships wherever located, 
to comply with the International Convention for the Prevention of 
Pollution from Ships. Annex V to the Convention generally proscribes 
the disposal of plastics and other garbage in the sea. The Antarctic 
Science, Tourism and Conservation Act of 1996 amended the Act to 
require that ships also comply with Annex IV of the Protocol on 
Environmental Protection to the Antarctic Treaty. [Source: 33 U.S.C. 
1901-1911.] Implementing regulations: Coast Guard, Oil pollution 
prevention regulations for vessels, 33 CFR part 155; Rules for the 
protection of the marine environment relating to tank vessels carrying 
oil in bulk, 33 CFR part 157; Reception facilities for oil, noxious 
liquid substances and garbage, 33 CFR part 158; Ports and waterways 
safety; Inland waterways navigation regulations, 33 CFR part 162; 
Vessel inspections, 46 CFR part 2; Barges carrying bulk liquid 
hazardous materials cargo, 46 CFR 151; and, Ships carrying bulk liquid, 
liquefied gas, or compressed gas hazardous materials, 46 CFR part 153.
    17. The Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701-2761; 46 
U.S.C. 3703(a). The OPA requires oil storage facilities and vessels to 
submit to the Federal government plans detailing how they will respond 
to large discharges. The OPA also requires the development of Area 
Contingency Plans to prepare and plan for oil spill responses on a 
regional basis. EPA has published regulations for aboveground storage 
facilities and the Coast Guard has done so for oil tankers. [Sources: 
33 U.S.C. 2701-2761; 46 U.S.C. 3703(a)]. Implementing regulations are 
found at 15 CFR part 990, 33 CFR part 135 and 49 CFR part 194.

H. Parklands

    Section 4(f) of the Department of Transportation Act, 49 U.S.C. 
303(b)-303(c). Title 49 of the United States Code, section 303(b), 
requires the Secretary of Transportation to cooperate and consult with 
the Secretaries of Interior, Housing and Urban Development, and 
Agriculture, along with the States in developing plans and programs 
that include measures to maintain or enhance the natural beauty of 
lands crossed by transportation activities or facilities. Section 
303(c) in general provides that the Secretary may not approve a 
transportation program or project requiring the use of a public park, 
recreation area, wildlife refuge, or significant historic site unless 
there is no prudent or feasible alternative and the program or project 
includes all possible planning to minimize harm to the property. 
[Source: 49 U.S.C. 303(b)-303(c).] Implementing regulations: Federal 
Highway Administration--Environmental impact and related procedures, 23 
CFR part 771.

I. Hazardous Materials

    1. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675. The CERCLA was created to 
provide for liability, compensation, cleanup and emergency response for 
hazardous substances released into the environment and the cleanup of 
inactive hazardous waste disposal sites. As explained below, the 
Superfund Amendments and Reauthorization Act (SARA) amended CERCLA in 
1986. CERCLA applies to any project that may deal with land containing 
a hazardous substance. [Source: 49 U.S.C. 9601.] 40 CFR part 300 
provides the organizational structure and procedures for preparing for 
and responding to discharges of oil and releases of hazardous 
substances, pollutants, and contaminants. 43 CFR part 11 supplements 
the procedures established under 40 CFR part 300 for the 
identification, investigation, study, and response to a discharge of 
oil or release of a hazardous substance, and it provides a procedure by 
which a natural resource trustee can determine compensation for 
injuries to natural resources that have not been nor are expected to be 
addressed by response actions conducted pursuant to the National 
Contingency Plan.
    2. Superfund Amendments and Reauthorization Act of 1986 (SARA), 
Public Law 99-499, 100 STAT. 1613-1781 (codified in CERCLA `` 42 U.S.C. 
9671-9675). This statute amended the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) in 1986. The 
amendments include: stressing the importance of permanent remedies and 
innovative treatment technologies in cleaning up hazardous waste sites; 
requiring Superfund actions to consider the standards and requirements 
found in other State and Federal environmental laws and regulations; 
providing new enforcement authorities and settlement tools; increasing 
State involvement in every phase of the Superfund program; increasing 
the focus on human health problems posed by hazardous waste sites; 
encouraging greater citizen participation in making decisions on how 
sites should be cleaned up; and increasing the size of the trust fund 
to $8.5 billion. SARA also required EPA to revise the Hazard Ranking 
System to ensure that it accurately assessed the relative degree of 
risk to human health and the environment posed by uncontrolled 
hazardous waste sites that may be placed on the National Priorities 
List. [Source: Pub. L. 99-499.]
    3. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k. This statute regulates the generation, treatment, storage, 
transportation and disposal of solid hazardous waste. RCRA also sets 
forth a framework for the management of non-hazardous wastes. RCRA 
focuses only on active and future facilities and does not address 
abandoned or historical sites. Subtitle I establishes a regulatory 
program that prevents, detects and cleans up releases from underground 
storage tank systems containing petroleum or hazardous substances. 
[Source: 42 U.S.C. 6901.] 40 CFR parts 260-271 establishes the 
standards and

[[Page 25458]]

procedures the EPA uses in implementing RCRA.
    4. Toxic Substances Control Act, 15 U.S.C. 2601. This statute 
empowers the EPA to track the industrial chemicals currently produced 
or imported into the United States. EPA can require the reporting or 
testing of those chemicals that it deems may pose an environmental or 
human-health hazard. EPA can also ban the manufacture and import of 
those chemicals that pose an unreasonable risk. [Source: 15 U.S.C. 
2601.] EPA's implementing regulations: Procedures governing testing 
consent agreements and test rules, 40 CFR parts, 790-792; Provisional 
test guidelines, 40 CFR part 795; Chemical fate testing guidelines, 40 
CFR part 796; Environmental effects testing guidelines, 40 CFR part 
797; Health effects testing guidelines, 40 CFR part 798; and, 
Identification of specific chemical substance and mixture testing 
requirements, 40 CFR part 799.
    5. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 
U.S.C. 136a-136y. FIFRA controls the application of pesticides to 
provide greater protection to people and the environment. The primary 
focus of FIFRA is to provide Federal control of pesticide distribution, 
sale, and use. EPA is given authority under FIFRA not only to study the 
consequences of pesticide usage but also to require users (farmers, 
utility companies, and others) to register when purchasing pesticides. 
Through later amendments to the law, users also must take exams for 
certification as applicators of pesticides. All pesticides used in the 
U.S. must be registered (licensed) by EPA. Registration assures that 
pesticides will be properly labeled and that if in accordance with 
specifications, will not cause unreasonable harm to the environment. 
[Source: 7 U.S.C. 136.] The EPA's implementing regulations are found at 
40 CFR parts 152-171.
    6. The Emergency Planning and Community Right to Know Act (EPCRA), 
42 U.S.C. 11001-11050. The EPCRA was enacted by Congress as the 
national legislation on community safety. EPCRA establishes 
requirements for Federal, State and local governments, Indian Tribes 
and industry regarding emergency planning and ``Community Right-To-
Know'' reporting on hazardous and toxic chemicals. The purpose of the 
Community Right-To-Know provisions is to increase the public's 
knowledge and access to information on chemicals at individual 
facilities, their uses, and releases into the environment. There are 
four major provisions to EPCRA: emergency planning (sections 301-303), 
emergency release notification (section 304), hazardous chemical 
storage reporting requirements (sections 311-312), and toxic chemical 
release inventory (section 313). [Source: 42 U.S.C. 1101-11050]. 
Implementing regulations are located at: 40 CFR parts 355 and 370.

J. Federal Procedures

    1. National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4335. 
This statute established a national policy for protection of the 
environment. The statute includes three major purposes: (1) It sets 
national environmental policy; (2) it establishes a basis for 
environmental impact statements (EIS); and (3) it created the Council 
on Environmental Quality (CEQ). NEPA requires that, to the extent 
possible, the policies, regulations, and laws of the Federal Government 
be interpreted and administered in accordance with the protection goals 
of the law. It also requires Federal agencies to use an 
interdisciplinary approach in planning and decision making for actions 
that impact the environment. Finally, NEPA requires the preparation of 
an EIS on all major Federal actions significantly affecting the quality 
of the human environment. [Source: 42 U.S.C. 4231-4335.] The Council on 
Environmental Quality (CEQ) issued regulations for implementing the 
procedural aspects of NEPA (40 CFR parts 1500-1508). Shortly following 
the regulations CEQ issued guidance, commonly referred to as ``Forty 
Questions and Answers on the CEQ Regulations''. Other applicable 
regulations and Executive Orders are 23 CFR parts 771-772 and Executive 
Order 11514 as amended by Executive Order 11991 on NEPA 
responsibilities. The Department's procedures for compliance with the 
NEPA and other environmental requirements are in Order DOT 5610.1C, 
Procedures for Considering Environmental Impacts. Most of the 
Department's operating administrations also have their own specific 
procedures. The Departmental order can be found at http://199.79.179.19/OLPFiles/OST/008589.tif or http://199.79.179.19/OLPFiles/OST/008589.pdf.
    2. Pollution Prevention Act of 1990, 42 U.S.C. 13101-13109. This 
statute focuses industry, government and public attention on reducing 
the amount of pollution through cost-effective changes in production, 
operation and raw materials use. The Act promotes using practices that 
increase efficiency in the use of energy, water, or other natural 
resources and protect the resource base through conservation, including 
recycling, source reduction and sustainable agriculture. The Act also 
created pollution prevention State grants to be awarded to promote the 
use of source reduction techniques by businesses. [Source: 42 U.S.C. 
13101.] Applicable regulations are found at 40 CFR 35.340, 48 CFR 
23.702 and 48 CFR 52.223-5.
    3. 49 U.S.C. 47101. This statute establishes the National 
Transportation Policy, stating that it is the goal of the United States 
to develop a national intermodal transportation system and that all 
forms of transportation will be full partners in the effort to reduce 
energy consumption and air pollution while promoting economic 
development. This statute also notes that it is in the public interest 
to reduce noncompatible land uses around airports and place a priority 
on efforts to mitigate noise around airports. The statute directs the 
Department of Transportation (DOT) to cooperate with State and local 
officials in developing airport plans and programs that are based on 
overall transportation needs and that such programs shall be developed 
considering long-range land-use plans and overall social, economic, 
environmental, system performance and energy conservation objectives. 
Finally, the statute directs DOT to consult with the Secretary of the 
Interior and the Administrator of the EPA about any project included in 
a project grant application involving the location of an airport or 
runway, or a major runway extension that may have a significant effect 
on natural resources or the environment. [Source: 49 U.S.C. 47101.] 
Implementing regulations: Federal Aviation Administration--Airport 
noise compatibility planning, 14 CFR Part 150.
    4. Executive Order 13148, ``Greening of Government Through 
Leadership in Environmental Management.'' Under this Order, the head of 
each Federal agency is responsible for ensuring that all necessary 
actions are taken to integrate environmental accountability into agency 
day-to-day decision-making and long-term planning processes, across all 
agency missions, activities, and functions. Consequently, environmental 
management considerations become a fundamental and integral component 
of Federal Government policies, operations planning and management. The 
Order has the following goals: environmental management; environmental 
compliance; right-to-know and pollution prevention; release reduction 
of toxic chemicals; use reduction of toxic chemicals, hazardous 
substances and other pollutants; reductions in ozone-depleting 
substances; and, environmentally and economically

[[Page 25459]]

beneficial landscaping. [Source: Executive Order 13148.]
    5. Executive Order No. 13274, ``Environmental Stewardship and 
Transportation Infrastructure Project Reviews.'' This Executive Order 
was issued to enhance environmental stewardship and streamline 
environmental review of transportation infrastructure projects. The 
Executive Order establishes an interagency Transportation 
Infrastructure Streamlining Task Force to promote streamlining and 
environmental stewardship in transportation projects. [Source: 
Executive Order No. 13274.]
    6. Executive Order 11593, ``Protection and Enhancement of the 
Cultural Environment.'' This Executive Order tasks Federal agencies to 
survey all lands under their ownership or control and nominate to the 
National Register of Historic Places all properties that appear to 
qualify. It also requires agencies not to inadvertently destroy such 
properties prior to completing their inventories. This Order was 
codified as part of the 1980 amendments to the National Historic 
Preservation Act. [Sources: Executive Order 11593, National Historic 
Preservation Act 16 U.S.C. 470.]
    7. The Federal Facilities Compliance Act of 1992 (FFCA), Public Law 
102-386 (106 Stat. 1505). The FFCA amended the Solid Waste Disposal Act 
by making all Federal agencies subject to all substantive and 
procedural requirements of Federal, State and local solid and hazardous 
waste laws in the same manner as any private party, waiving sovereign 
immunity of the United States in all such cases. Moreover, while 
employees, officers, and agents of the United States may not be liable 
for civil penalties under any such law for actions committed within the 
scope of that person's official duties, such persons may be liable for 
criminal penalties. The Administrator of the EPA is authorized to 
commence an administrative enforcement action against any Federal 
agency or department in the same manner as against a private party. 
Finally, agencies must reimburse the EPA for the required annual 
inspections of agency hazardous waste facilities, and for EPA to 
conduct a comprehensive ground water monitoring evaluation at the first 
inspection of each site conducted after October 6, 1992. [Source: Pub. 
L. 102-386 (106 Stat. 1505).] The EPA implementing regulation may be 
found at 40 CFR 22.37.
    8. Executive Order 13287, ``Preserve America.'' This Order was 
issued to provide leadership in preserving America's heritage by 
actively advancing the protection, enhancement, and contemporary use of 
the historic properties owned by the Federal Government, and promote 
intergovernmental cooperation and partnership for the preservation and 
use of historic properties. The Order directs Federal agencies to 
increase their knowledge of historic resources in their care and to 
enhance the management of these assets. The Order further encourages 
agencies to seek partnerships with State, tribal, and local governments 
and the private sector to make more efficient and informed use of their 
resources for economic development and other recognized public 
benefits. Finally, the Order directs agencies to assist in the 
development of local and regional nature tourism programs using the 
historic resources that are a significant feature of many State and 
local economies. [Source: Executive Order 13287.]

K. Land

    1. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 
The Landscaping and Scenic Enhancement Act empowers the Secretary of 
Transportation to approve as a part of the construction of Federal-aid 
highways the costs of landscape and roadside development, including 
acquisition and development of publicly owned and controlled rest and 
recreation areas and sanitary and other facilities reasonably necessary 
to accommodate the traveling public, and for acquisition of interests 
in and improvement of strips of land necessary for the restoration, 
preservation, and enhancement of scenic beauty adjacent to such 
highways. Section 130 of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 amended 23 U.S.C. 319 by adding a 
requirement that native wildflower seeds or seedlings or both be 
planted as part of any landscaping project undertaken on the Federal-
aid highway system. At least one-quarter of one percent of funds 
expended for a landscaping project must be used to plant native 
wildflowers on that project. This provision requires every landscaping 
project to include the planting of native wildflowers unless a waiver 
has been granted. [Source: 23 U.S.C. 319.] Implementing regulations may 
be found at 23 CFR parts 650, 655, 662, and 752.
    2. Highway Beautification Act, 23 U.S.C., 131, 136, and 319. The 
Highway Beautification Act's purpose is to provide effective control of 
outdoor advertising and junkyards, to protect the public investment, to 
promote the safety and recreational values of public travel and to 
preserve natural beauty. The Act also provides landscapes and roadside 
development reasonably necessary to accommodate the traveling public. 
This Act applies to interstate and primary systems, as the primary 
system existed on June 1, 1991, and the National Highway System. 
[Sources: 23 U.S.C. 131, 136, and 319.] Implementing regulations may be 
found at 23 CFR parts 750-752.
    3. National Trails System Act, 16 U.S.C. 1241-1249. The National 
Trails System Act made it Federal policy to recognize and promote 
trails by providing financial assistance, support of volunteers and 
coordination with States. As a result, 8 national scenic trails (NSTs) 
and 15 national historic trails (NHTs) have been established by law 
(and are administered by the National Park Service, the USDA Forest 
Service, and the Bureau of Land Management, depending on the trail); 
over 800 national recreation trails have been recognized by the 
Secretaries of Agriculture and the Interior; and 2 side-and-connecting 
trails have also been certified. In addition, other Federal statutes 
support and fund trails through programs such as FHWA's Recreational 
Trails Program and Transportation Enhancements programs, HUD block 
grants, and the NPS Rivers, Trails, and Conservation Assistance 
Program. [Sources: 16 U.S.C. 1241-1249.] Implementing regulations are 
found at 36 CFR part 251 and 43 CFR part 8350. See also the National 
Recreational Trails Fund of the Intermodal Surface Transportation 
Efficiency Act of 1991, 16 U.S.C. 1261, which established the program 
to allocate funds to States to provide and maintain recreational trail 
and trail-related projects.

    Issued in Washington, DC, on April 16, 2004.
Emil H. Frankel,
Assistant Secretary for Transportation Policy.
[FR Doc. 04-10308 Filed 5-5-04; 8:45 am]
BILLING CODE 4910-62-P