§ 138 TITLE 23—HIGHWAYS Page 112

1970—Pub. L. 91–605 substituted ‘‘Fringe and corridor

parking facilities’’ for ‘‘Limitation on authorization of

appropriations for certain purposes’’ in section catchline.

Subsec. (a). Pub. L. 91–605 substituted provisions permitting the Secretary to approve construction of publicly owned parking facilities under the Federal-aid

urban system for provisions limiting authorization of

appropriations under section 131, 136, and 319(b) of this

title, or any highway safety bill enacted after May 1,

1966 by preventing these sections and provisions from

being construed as authority for any appropriations

not specifically authorized in these sections and provisions.

Subsec. (b). Pub. L. 91–605 substituted provisions preventing project approval by the Secretary unless the

State or political subdivision thereof where the project

is located can construct, maintain, and operate the facility, unless the Secretary has entered into an agreement with the State or political subdivision governing

the financing, maintenance, and operation of the facility, and unless the Secretary has approved design

standards for construction of the facility for provisions

limiting authorization of appropriations under sections

131, 136, and 319(b) of this title, or any highway safety

bill enacted after May 1, 1966 by preventing appropriations to carry out these sections and provisions unless

they are specific as to the amount authorized and as to

the fiscal year.

Subsec. (c). Pub. L. 91–605 substituted provisions defining ‘‘parking facilities’’ for provisions limiting authorization of appropriations under sections 131, 136,

and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing the highway trust

fund from being a source of appropriation for these sections and provisions in an amount exceeding the tax

imposed by section 4061(a)(2) of Title 26, if such tax was

imposed at a rate of 1% plus additional amounts appropriated from the general fund to the highway trust

fund for such purposes except that the total of all appropriations made from such fund to carry out these

sections and provisions shall never exceed the total of

all appropriations made to such fund based on the imposition of such tax plus additional amounts appropriated from the general fund to the highway trust

fund for such purposes.

Subsecs. (d), (e). Pub. L. 91–605 added subsecs. (d) and

(e).

§ 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.

(Added Pub. L. 89–574, §15(a), Sept. 13, 1966, 80

Stat. 771; amended Pub. L. 90–495, §18(a), Aug. 23,

1968, 82 Stat. 823; Pub. L. 94–280, title I, §124, May

5, 1976, 90 Stat. 440; Pub. L. 100–17, title I,

§133(b)(10), Apr. 2, 1987, 101 Stat. 171.)

REFERENCES IN TEXT

The effective date of the Federal-Aid Highway Act of

1968, referred to in text, is the effective date of Pub. L.

90–495, which was approved Aug. 23, 1968.

AMENDMENTS

1987—Pub. L. 100–17 inserted ‘‘(other than any project

for a park road or parkway under section 204 of this

title)’’ before ‘‘which requires’’ in third sentence.

1976—Pub. L. 94–280 authorized the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, 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.

1968—Pub. L. 90–495 amended section generally so as

to render it identical to section 1653(f) of Title 49,

Transportation, governing all programs and projects

subject to the jurisdiction of the Secretary of Transportation.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

STUDY OF ALTERNATIVE TRANSPORTATION MODES IN

NATIONAL PARK SYSTEM

Pub. L. 102–240, title I, §1050, Dec. 18, 1991, 105 Stat.

2000, provided that:

‘‘(a) IN GENERAL.—Not later than 12 months after the

date of the enactment of this Act [Dec. 18, 1991], the

Secretary, in consultation with the Secretary of the Interior, shall conduct and transmit to Congress a study

of alternative transportation modes for use in the National Park System. In conducting such study, the Secretary shall consider (1) the economic and technical

feasibility, environmental effects, projected costs and

benefits as compared to the costs and benefits of existing transportation systems, and general suitability of

transportation modes that would provide efficient and

environmentally sound ingress to and egress from National Park lands; and (2) methods to obtain private

capital for the construction of such transportation

modes and related infrastructure.

‘‘(b) FUNDING.—From sums authorized to be appropriated for park roads and parkways for fiscal year

1992, $300,000 shall be available to carry out this section.’’

§ 139. Additions to Interstate System

(a) Whenever the Secretary determines that a

highway on the Federal-aid primary system

meets all of the standards of a highway on the

Interstate System and that such highway is a

logical addition or connection to the Interstate