--- kind: "section" citation: "51 U.S.C. § 51104" title: "51" title_heading: "National and Commercial Space Programs" number: "51104" heading: "Environmental requirements" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/51/51104" units: - "Subtitle V — Programs Targeting Commercial Opportunities" - "Chapter 511 — Space Transportation Infrastructure Matching Grants" --- # §51104. Environmental requirements - (a) **Policy.—** It is the policy of the [United States](/usc/51/50501.md?p=14) that [projects](/usc/51/51101.md?p=3) selected under this chapter shall provide for the protection and enhancement of the natural resources and the quality of the environment of the [United States](/usc/51/50501.md?p=14). In carrying out this policy, the [Secretary](/usc/51/50301.md?p=5) of Transportation shall consult with the [Secretary](/usc/51/50301.md?p=5) of the Interior and the [Administrator](/usc/51/10101.md?p=2) of the Environmental Protection [Agency](/usc/51/50501.md?p=1) about a [project](/usc/51/51101.md?p=3) that may have a significant effect on natural resources, including fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment. If the [Secretary](/usc/51/50301.md?p=5) of Transportation finds that a [project](/usc/51/51101.md?p=3) will have a significant adverse effect, the [Secretary](/usc/51/50301.md?p=5) may approve the application for the [project](/usc/51/51101.md?p=3) only if, after a complete review that is a matter of public record, the [Secretary](/usc/51/50301.md?p=5) makes a written finding that no feasible and prudent alternative to the [project](/usc/51/51101.md?p=3) exists and that all reasonable steps have been taken to minimize the adverse effect. - (b) **Public Hearing Requirement.—** The [Secretary](/usc/51/50301.md?p=5) of Transportation may approve an application only if the [sponsor](/usc/51/51101.md?p=6) of the [project](/usc/51/51101.md?p=3) certifies to the [Secretary](/usc/51/50301.md?p=5) that an opportunity for a public hearing has been provided to consider the economic, social, and environmental effects of the [project](/usc/51/51101.md?p=3) and its consistency with the goals of any planning carried out by the community. When a hearing is held under this paragraph, the [sponsor](/usc/51/51101.md?p=6) shall submit a copy of the transcript of the hearing to the [Secretary](/usc/51/50301.md?p=5). - (c) **Compliance With Air and Water Quality Standards.—** - (1) The [Secretary](/usc/51/50301.md?p=5) of Transportation may approve an application only if the chief executive officer of the [State](/usc/51/50101.md?p=6) in which the [project](/usc/51/51101.md?p=3) is located certifies in writing to the [Secretary](/usc/51/50301.md?p=5) that there is reasonable assurance that the [project](/usc/51/51101.md?p=3) will be located, designed, constructed, and operated to comply with applicable air and water quality standards. If the [Administrator](/usc/51/10101.md?p=2) has not prescribed those standards, certification shall be obtained from the [Administrator](/usc/51/10101.md?p=2). Notice of certification or refusal to certify shall be provided not later than 60 days after the [Secretary](/usc/51/50301.md?p=5) receives the application. - (2) The [Secretary](/usc/51/50301.md?p=5) of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation. - (d) **Compliance With Laws and Regulations.—** The [Secretary](/usc/51/50301.md?p=5) of Transportation may require a certification from a [sponsor](/usc/51/51101.md?p=6) that the [sponsor](/usc/51/51101.md?p=6) will comply with all applicable laws and regulations. The [Secretary](/usc/51/50301.md?p=5) may rescind at any time acceptance of a certification from a [sponsor](/usc/51/51101.md?p=6) under this subsection. This subsection does not affect any responsibility of the [Secretary](/usc/51/50301.md?p=5) under another law, including— - (1) [section 303 of title 49](/usc/49/303.md); - (2) title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.); - (3) title VIII of the Act of April 11, 1968 ([42 U.S.C. 3601](/usc/42/3601.md) et seq.); - (4) the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.); and - (5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ([42 U.S.C. 4601](/usc/42/4601.md) et seq.). ## Source credit (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, § 70304 of title 49; renumbered § 70304 then § 51104 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, 3443.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised
Section | Source (U.S. Code) | Source (Statutes at Large) | | 70304 | 15:5804(e). | Nov. 4, 1992, Pub. L. 102–588, § 505(e), 106 Stat. 5126. | In subsection (a), the words “policy of the United States” are substituted for “national policy”, and the words “of the United States” are substituted for “of the Nation”, for consistency. The words “included in a project grant application” and “full and” are omitted as surplus. In subsection (b), the words “of objectives” are omitted as surplus. In subsection (c), the words “chief executive officer” are substituted for “Governor” for consistency in the revised title and because the word “State” includes the territories and possessions of the United States. In subsection (d), before clause (1), the words “in connection with any project”, “imposed on such sponsor under this section in connection with such project”, and “or discharge” are omitted as surplus. The words “laws and regulations” are substituted for “statutory and administrative requirements” for consistency in the revised title. ### Editorial Notes ### References in Text The Civil Rights Act of 1964, referred to in subsec. (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. Title VIII of the Act of April 11, 1968, referred to in subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables. ### Amendments 2010—Pub. L. 111–314, § 4(d)(2), (4)(D), successively renumbered section 70304 of title 49 and section 70304 of this title as this section. Subsec. (d)(1). Pub. L. 111–314, § 4(d)(6)(B), substituted “section 303 of title 49” for “section 303 of this title”.