US Code

Public Law 119-73 (01/23/2026)

51 U.S.C. § 51104

Environmental requirements

(a)

Policy .—

It is the policy of the United States that projects selected under this chapter shall provide for the protection and enhancement of the natural resources and the quality of the environment of the United States. In carrying out this policy, the Secretary of Transportation shall consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency about a project that may have a significant effect on natural resources, including fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment. If the Secretary of Transportation finds that a project will have a significant adverse effect, the Secretary may approve the application for the project only if, after a complete review that is a matter of public record, the Secretary makes a written finding that no feasible and prudent alternative to the project exists and that all reasonable steps have been taken to minimize the adverse effect.
(b)

Public Hearing Requirement .—

The Secretary of Transportation may approve an application only if the sponsor of the project certifies to the Secretary that an opportunity for a public hearing has been provided to consider the economic, social, and environmental effects of the project and its consistency with the goals of any planning carried out by the community. When a hearing is held under this paragraph, the sponsor shall submit a copy of the transcript of the hearing to the Secretary.
(c)

Compliance With Air and Water Quality Standards .—

(1)
The Secretary of Transportation may approve an application only if the chief executive officer of the State in which the project is located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated to comply with applicable air and water quality standards. If the Administrator has not prescribed those standards, certification shall be obtained from the Administrator. Notice of certification or refusal to certify shall be provided not later than 60 days after the Secretary receives the application.
(2)
The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.
(d)

Compliance With Laws and Regulations .—

The Secretary of Transportation may require a certification from a sponsor that the sponsor will comply with all applicable laws and regulations. The Secretary may rescind at any time acceptance of a certification from a sponsor under this subsection. This subsection does not affect any responsibility of the Secretary under another law, including—
(1)
section 303 of title 49 ;
(2)
42 U.S.C. 2000d title VI of the Civil Rights Act of 1964 ( et seq.);
(3)
42 U.S.C. 3601 title VIII of the Act of ( et seq.);
(4)
42 U.S.C. 4321 the National Environmental Policy Act of 1969 ( et seq.); and
(5)
42 U.S.C. 4601 the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( et seq.).

Pub. L. 103–272, § 1(e)108 Stat. 1344§ 70304 of title 49§ 51104 of title 51Pub. L. 111–314, § 4(d)(2)124 Stat. 3440(, , , ; renumbered § 70304 then and amended , (4)(D), (6)(B), , , 3441, 3443.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

70304

15:5804(e).

Nov. 4, 1992, Pub. L. 102–588, § 505(e), 106 Stat. 5126.

In subsection (a), the words “policy of the United States” are substituted for “national policy”, and the words “of the United States” are substituted for “of the Nation”, for consistency. The words “included in a project grant application” and “full and” are omitted as surplus.

In subsection (b), the words “of objectives” are omitted as surplus.

In subsection (c), the words “chief executive officer” are substituted for “Governor” for consistency in the revised title and because the word “State” includes the territories and possessions of the United States.

In subsection (d), before clause (1), the words “in connection with any project”, “imposed on such sponsor under this section in connection with such project”, and “or discharge” are omitted as surplus. The words “laws and regulations” are substituted for “statutory and administrative requirements” for consistency in the revised title.

Editorial Notes

References in Text

Pub. L. 88–35278 Stat. 241section 2000a of Title 42The Civil Rights Act of 1964, referred to in subsec. (d)(2), is , , . Title VI of the Act is classified to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–28482 Stat. 81section 3601 of Title 42Title VIII of the Act of , referred to in subsec. (d)(3), is title VIII of , , , known as the Fair Housing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–19083 Stat. 852section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is , , , which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–64684 Stat. 1894section 4601 of Title 42The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is , , , which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 111–314, § 4(d)(2)section 70304 of title 49section 70304 of this title2010—, (4)(D), successively renumbered and as this section.

Pub. L. 111–314, § 4(d)(6)(B)section 303 of title 49section 303 of this titleSubsec. (d)(1). , substituted “” for “”.