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80 Stat. 771.

SEC. 18. (a) Section 138 of title 23, United States Code, is amended to read as follows:

"8 138. Preservation of parklands

"It is hereby declared to be the national policy 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. 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 the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project 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 (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use."

16 USC 431-433.

SEC. 120. ARCHEOLOGICAL AND PALEONTOLOGICAL SALVAGE.

Funds authorized by this title to be appropriated, to the extent approved as necessary by the highway department of any State, may be used for archeological and paleontological salvage in that State in compliance with the Act entitled "An Act for the preservation of American antiquities", approved June 8, 1906 (34 Stat. 225), and State laws where applicable.

Federal Agencies with jurisdiction by law or special expertise to comment on various types of environmental impact.

Attachment 3

Summary Sheet for Environmental Statements

DISTRIBUTION: All Secretarial Offices

All Operating Administrations

National Transportation Safety Board (Info)

OPI: Office of Assistant Secretary for Environment and

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1.

2.

PURPOSE. This Order establishes procedures for preparation of detailed environmental impact statements which serve, where required, as the single vehicle for all environmental findings, determinations, and clearances on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment.

CANCELLATION. DOT 5610.1, Implementation of Section 102 (2) (C) of the National Environmental Policy Act of 1969, Section 4(f) of the DOT Act, and Portions of Section 16 of the Airport and Airways Development Act of 1970, of 10/7/70.

3. SCOPE. This Order provides instructions for implementation, where
environmental impact statements are required, of Section 102 (2) (C) of
the National Environmental Policy Act of 1969 (P.L. 91-190) (hereafter
"the NEP Act"), Section 4(f) of the Department of Transportation Act of
1966 (P.L. 89-670) (hereafter "the DOT Act"), Sections 16 (c)(4), 16(d)
and 16(e) of the Airport and Airway Development Act of 1970 (P.L. 91-258)
(hereafter "the Airport Act"), Section 309 of the Clean Air Act of 1970
(P.L. 91-604) (hereafter "the Clean Air Act"), Section 14 of the Urban
Mass Transportation Act of 1964 (49 U.S.C. 1601 et. seq.) (hereafter
"the Mass Transportation Act"), and Section 106 of the National Historic
Preservation Act of 1966 (P.L. 89-665) (hereafter "the Historic
Preservation Act").

a. The National Environmental Policy Act of 1969 establishes a broad
national policy to promote efforts to improve the relationship
between man and his environment, and provides for the creation of a
Council on Environmental Quality (CEQ). The NEP Act sets out
certain policies and goals concerning the environment, and requires
that, to the fullest extent possible, the policies, regulations, and
public laws of the U. S. shall be interpreted and administered in
accordance with those policies and goals.

b. Section 102 (2) (C) of the NEP Act is designed to ensure that environmental considerations are given careful attention and appropriate weight in all decisions of the Federal Government. This Section requires that all agencies of the Federal Government shall

"include in every recommendation or report on proposals
for legislation and other major Federal actions signifi-
cantly affecting the quality of the human environment, a
detailed statement by the responsible official on

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C.

d.

e.

(i)

(ii)

the environmental impact of the proposed action,

any adverse environmental effects which cannot be avoided should the proposal be implemented, (iii) alternatives to the proposed action,

(iv)

(v)

the relationship between local short-term uses
of man's environment and the maintenance and
enhancement of long-term productivity, and

any irreversible and irretrievable commitments
of resources which would be involved in the
proposed action should it be implemented.

"Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality, and the public as provided by Section 552 of Title 5, United States Code, and shall accompany the proposal through the existing agency review processes."

Section 102 (2) (A) of the NEP Act provides that all agencies of
the Federal Government "utilize a systematic, interdisciplinary
approach which will insure the integrated use of the natural and
social sciences and the environmental design arts in planning and
decisionmaking which may have an impact on man's environment."

Executive Order 11514, dated March 4, 1970, orders all Federal agencies to initiate procedures needed to direct their policies, plans, and programs so as to meet national environmental goals.

A memorandum from the Secretary, dated February 26, 1970, provided
general guidelines for the DOT response to the NEP Act. The
memorandum also assigned the responsibility to oversee the
Department's response to the NEP Act, in terms of both policies
and procedures, to the Assistant Secretary for Environment and Urban
Systems (TEU), in cooperation with the General Counsel.

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f.

g.

h.

i.

Guidelines from the President's Council on Environmental Quality, dated April 23, 1971, set forth broad guidelines on implementation of the NEP Act.

Section 4(f) of the DOT Act directs that "the Secretary shall not approve any program or project 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 (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use."

Section 16(c)(3) of the Airport Act requires consideration of the interests of communities in or near which airport development projects are proposed.

Section 16 (c) (4) of the Airport Act directs that no major airport development project shall be authorized for receipt of Federal financial aid unless that project provides for the protection and enhancement of the natural resources and the quality of environment of the Nation; and further, that no project found to have an adverse effect shall be authorized unless the Secretary finds in writing, after full and complete review, that no feasible and prudent alternative exists and that all possible steps have been taken to minimize such adverse effect.

j. Section 16(d) of the Airport Act establishes a requirement for public hearings for consideration of economic, social, and environmental effects of airport projects, and for certain other purposes, and Section 16(e) of the Airport Act establishes criteria and procedures for protection of air and water quality in connection with airport development.

k.

Section 309 of the Clean Air Act provides for the Administrator of the Environmental Protection Agency to review and comment on matters relating to duties and responsibilities granted pursuant to this Act or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which Section 102 (2) (C) of P.L. 91-190 applies, and (3) proposed regulations published by any department or agency of the Federal Government.