Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · BILL · 114th Congress · S. 1647 (Introduced in Senate) — To amend title 23, United States Code, to authorize funds for Federal-aid highways and highway safety construction pr... · Sec. 1116

Sec. 1116. Satisfaction of requirements for certain historic sites

909 words·~4 min read·/bill/114/s/1647/is/section-1116·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 138 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall— ensure that the requirements of this section are consistent with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and section 306108 of title 54, including implementing regulations; and not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council ) to establish procedures to satisfy the requirements described in subparagraph
(A)(including regulations). If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may— include the determination of the Secretary in the analysis required under that Act; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Council, if the Council is participating in the consultation process under section 306108 of title 54; and the Secretary of the Interior; and request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior provide a concurrence requested under subparagraph (A)(iii)— no further analysis under subsection (a)(1) shall be required; the Secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph (A); and not later than 3 days after the receipt by the Secretary of all concurrences requested under subparagraph (A)(iii), the Secretary shall post on an appropriate Federal website the determination and each relevant concurrence described in clause (ii). If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 306108 of title 54. To satisfy the requirements of subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54. . Section 303 of title 49, United States Code, is amended— in subsection (c), in the matter preceding paragraph (1), by striking subsection
(d)and inserting subsections
(d)and
(e); and by adding at the end the following: The Secretary shall— ensure that the requirements of this section are consistent with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and section 306108 of title 54, including implementing regulations; and not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council ) to establish procedures to satisfy the requirements described in subparagraph
(A)(including regulations). If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may— include the determination of the Secretary in the analysis required under that Act; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Council, if the Council is participating in the consultation process under section 306108 of title 54; and the Secretary of the Interior; and request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (c)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior provide a concurrence requested under subparagraph (A)(iii)— no further analysis under subsection (c)(1) shall be required; the Secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph (A); and not later than 3 days after the receipt by the Secretary of all concurrences requested under subparagraph (A)(iii), the Secretary shall post on an appropriate Federal website the determination and each relevant concurrence described in clause (ii). If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 306108 of title 54. To satisfy the requirements of subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54. .
Connections1 off-index
1 reference not yet in our index
  • 42 USC 4231
Citation graph
cites case law
Sec. 1116
Satisfaction of requirements for certain historic sites
Cite42 USC 4231
Cites 1Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.