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

SEC. 6009. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES. * * * * * * * (b) [23 U.S.C. 138 note] 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— (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.