Environmental considerations pose a significant challenge to the development of new spaceports or the construction of new launch or reentry sites at existing spaceports. Identification of adverse environmental impacts can result in major constraints on permitting and development.
The FAA safety regulations mandate protection of the public and property during launch and reentry events. All sites must demonstrate that launch and landing points are safely separated from populated areas, and that the trajectories of space launch vehicles do not pose an unacceptable level of risk to the public during their flights. This generally requires location of spaceports at or near the coastline, and at a site several miles from urbanized areas and even sparsely populated land.
Operators must ensure they can control public access and clear areas near the launch site and the vehicle trajectory path. Those factors are why most existing spaceport sites and any that have been proposed are co-located or adjacent to areas which are environmentally- protected coastal lands serving to support wildlife habitat and offering recreational venues.
Areas that may otherwise be suitable for location of launch facilities must be evaluated for impacts to environmental resources during the FAA’s deliberation on a proposed launch site application, and with particular attention to potential adverse impacts to protected species habitat, or impacts to known or previously unidentified cultural resources. A licensing of a launch site is a Federal action and requires compliance with National Environmental Policy Act (NEPA).
In addition, Section 4(f) of the U.S. Department of Transportation (DOT) Act, provides that the Secretary of Transportation will not approve any program or project that requires the use of any publicly-owned land from a public park, recreation area, or wildlife and waterfowl refuge of nation State, or local significance or land from an historic site of national, State, or local significance, as determined by the officials having jurisdiction thereof, unless there is no feasible and prudent alternative to the use of such land and such program, and the project includes all possible planning to minimize harm resulting from the use.
The applicability of this provision on areas acquired to support space transportation has not yet been determined. At the same time, over five decades of colocation of space launch operations amidst a vast acreage of conservation-managed land at CCS has demonstrated that these land uses are compatible.
This is especially evident when proper environmental reviews have been performed, less environmentally-damaging sites are selected, and development is performed in an environmentally responsible fashion to minimize and mitigate impacts.
Beyond the issues associated with land uses and potential impacts to wildlife and cultural resources, environmental analysis of noise to nearby populations and potential impacts to air and water resources are also among many other environmental considerations that are weighed.
Section 4(f) Overview
It is 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.
Statutory Mandate
Section 4(f) of the Department of Transportation Act of 1966, resides in the United States Code at 49 USC § 303 and 23 USC § 138.
Section 4(f) protects publicly owned parks, recreation areas, and wildlife and waterfowl refuges of national, state, or local significance and historic sites of national state, or local significance from use by transportation projects.
These properties may only be used if there is no prudent or feasible alternative for their use and the program or project encompasses all possible planning to minimize harm resulting from its use.
Section 4(f) also requires the Secretary of Transportation to “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.
The statute provides significant authority to the Secretary of the Interior to seek the protection of public recreational lands, including parks and wildlife refuges, in the planning of DOT proposals.
The Secretary shall not approve any program or project 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.
Accepted Section 4(f) Properties
The FAA has declared the following listed lands as being significant parks, recreation areas, wildlife and waterfowl refuges, and historic sites, and has stated its opinion that Section 4(f) applies to them for any use by FAA.
- parks and recreational areas of national, state, or local significance that are both publicly owned and open to the public;
- publicly owned wildlife and waterfowl refuges of national, state, or local significance that are open to the public; and
- historic sites of national, state, or local significance in public or private ownership regardless of whether they are open to the public.
References
United States Code 49 USC § 303
United States Code 23 USC § 138
Cornell Law School 23 U.S. Code § 138 – Preservation of parklands
FAA Department of Transportation Act Section 4(f) Desk Reference
Department of the Interior Review of Section 4(f) Evaluations