PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES.

SEC. 6009. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES.(a) Programs and Projects With De Minimis Impacts.—(1) Title 23.—Section 138 of title 23, United States Code, is amended—(A) in the first sentence, by striking “it is hereby” and inserting the following: “(a) Declaration of Policy.—It is”; and(B) by adding at the end the following:“(b) 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 Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. 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 119 STAT. 1876 Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. “(B) Requirements for parks, recreation areas, and wildlife or waterfowl refuges.—The requirements of subsection (c)(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 (c)(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.”.(b) Clarification of Existing Standards.—(1) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall (in consultation with affected agencies and interested parties) promulgate regulations that clarify the factors to be considered and the standards to be applied in determining the prudence and feasibility of alternatives under section 138 of title 23 and section 303 of title 49, United States Code.(2) Requirements.—The regulations—119 STAT. 1877(A) shall clarify the application of the legal standards to a variety of different types of transportation programs and projects depending on the circumstances of each case; and(B) may include, as appropriate, examples to facilitate clear and consistent interpretation by agency decisionmakers.(c) Implementation Study.—(1) In general.—The Secretary shall—(A) conduct a study on the implementation of this section and the amendments made by this section; and(B) commission an independent review of the study plan and methodology, and any associated conclusions, by the Transportation Research Board of the National Academy of Sciences.(2) Components.—In conducting the study, the Secretary shall evaluate—(A) the processes developed under this section and the amendments made by this section and the efficiencies that may result;(B) the post-construction effectiveness of impact mitigation and avoidance commitments adopted as part of projects conducted under this section and the amendments made by this section; and(C) the quantity of projects with impacts that are considered de minimis under this section and the amendments made by this section, including information on the location, size, and cost of the projects.(3) Report requirement.—The Secretary shall prepare—(A) not earlier than the date that is 3 years after the date of enactment of this Act, a report on the results of the study conducted under this subsection; and(B) not later than March 1, 2010, an update on the report required under subparagraph (A).(4) Report recipients.—The Secretary shall—(A) submit the report, review of the report, and update required under paragraph (3) to—(i) the appropriate committees of Congress;(ii) the Secretary of the Interior; and(iii) the Advisory Council on Historic Preservation; and(B) make the report and update available to the public.