
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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.
