23 U.S.C. § 138
Preservation of parklands
United States · Title 23 — HIGHWAYS · Status: effective
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- Citation
- 23 U.S.C. § 138, Preservation of parklands, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/459028
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Full text
The Secretary shall—
Nothing in subparagraph (B) affects—
the requirements under—
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 Federal lands transportation facility) 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—
With respect to historic sites, the Secretary may make a finding of de minimis impact only if—
the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, that—
With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if—
The Secretary shall—
If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
provide a notice of the determination to—
A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
Paragraph (1) shall not apply to—
bridges or tunnels located on—
The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.House: no recorded tallySenate: no recorded tally
- Surface Transportation and Uniform Relocation Assistance Act of 1987House: no recorded tallySenate: no recorded tally
- SAFETEA-LU
- MAP-21
- To enact title 54, United States Code, "National Park Service and Related Programs", as positive law.House: 409–0Senate: no recorded tally
- FAST Act
- Infrastructure Investment and Jobs Act