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Federal Highway Administration, Title 23, U.S.
Code, Highways*
Section 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 (other than any project for a park road or parkway
under section 204 of this title) 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.
In carrying out the national policy declared in this
Section the Secretary, in cooperation with the Secretary of
the Interior and appropriate State and local officials, is
authorized to conduct studies as to the most feasible
Federal-aid routes for the movement of motor vehicular
traffic through or around national parks so as to best serve
the needs of the traveling public while preserving the
natural beauty of these areas.
(*This applies specifically to Federal-Aid Highway
Program projects. This same requirement, in slightly
different language, is found in 49 U.S.C. section 303, which
applies to ALL D.O.T. programs.)
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