
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC303]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
 
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and 
        historic sites
        
    (a) It is the policy of the United States Government 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.
    (b) 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 lands crossed by transportation activities or facilities.
    (c) The Secretary may approve a transportation program or project 
(other than any project for a park road or parkway under section 204 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--
        (1) there is no prudent and feasible alternative to using that 
    land; and
        (2) the program or project includes all possible planning to 
    minimize harm to the park, recreation area, wildlife and waterfowl 
    refuge, or historic site resulting from the use.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100-17, title I, 
Sec. 133(d), Apr. 2, 1987, 101 Stat. 173.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
303(a)................................  49:1651(b)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          2(b)(
2), 80 Stat. 931.
                                        49:1653(f) (1st sentence).       Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          4(f),
 80 Stat. 934; restated Aug. 23,
                                                                          1968,
 Pub. L. 90-495, Sec.  18(b), 82
                                                                          Stat.
 824.
303(b)................................  49:1653(f) (2d sentence).
303(c)................................  49:1653(f) (less 1st, 2d
                                         sentences).
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---------------------------------

    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 (b), 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.


                               Amendments

    1987--Subsec. (c). Pub. L. 100-17 inserted ``(other than any project 
for a park road or parkway under section 204 of title 23)'' after 
``program or project''.


                 Treatment of Military Flight Operations

    Pub. L. 105-85, div. A, title X, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 305 of this title; title 16 
section 460kkk; title 23 sections 108, 206; title 45 sections 1116, 
1212.
