119 STAT. 1874
PUBLIC LAW 109–59—AUG. 10, 2005 ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph (C), the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature). Such elements shall be considered to be a historic site under section 303 of title 49 or section 138 of this title, as applicable. ‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND REHABILITATION ACTIVITIES.—Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).’’.
SEC. 6008. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO TRANSPORTATION PROJECT PLANNING.
Section 109(c)(2) of title 23, United States Code, is amended— (1) by striking ‘‘consider the results’’ and inserting ‘‘consider— ‘‘(A) the results’’; (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ‘‘(B) the publication entitled ‘Flexibility in Highway Design’ of the Federal Highway Administration; ‘‘(C) ‘Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design’ developed by the conference held during 1998 entitled ‘Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance’; and ‘‘(D) any other material that the Secretary determines to be appropriate.’’. SEC. 6009. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES.
(a) PROGRAMS AND PROJECTS WITH DE MINIMIS IMPACTS.— (1) TITLE 23.—Section 138 of title 23, United States Code, is amended— (A) in the first sentence, by striking ‘‘it is hereby’’ and inserting the following: ‘‘(a) DECLARATION OF POLICY.— It is’’; and (B) by adding at the end the following: ‘‘(b) DE MINIMIS IMPACTS.— ‘‘(1) REQUIREMENTS.— ‘‘(A) REQUIREMENTS FOR HISTORIC SITES.—The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.
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