FEDERAL-AID POLICY GUIDE
October 14, 1997, Transmittal 18
23 CFR 771

OPI: HEP-31

SUBCHAPTER H - RIGHT-OF-WAY AND ENVIRONMENT

PART 771 - ENVIRONMENTAL IMPACT AND RELATED PROCEDURES

Sec.

771.101 Purpose.

771.103 [Reserved]

771.105 Policy.

771.107 Definitions.

771.109 Applicability and responsibilities.

771.111 Early coordination, public involvement, and project development.

771.113 Timing of Administration activities.

771.115 Classes of actions.

771.117 Categorical exclusions.

771.119 Environmental assessments.

771.121 Findings of no significant impact.

771.123 Draft environmental impact statements.

771.125 Final environmental impact statements.

771.127 Record of decision.

771.129 Reevaluations.

771.130 Supplemental environmental impact statements.

771.131 Emergency action procedures.

771.133 Compliance with other requirements.

771.135 Section 4(f) (49 U.S.C 303).

771.137 International actions.

Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 109, 110 128, 138 and 315; 49 U.S.C. 303(c), 5301(e), 5323, and 5324; 40 CFR part 1500 et seq.; 49 CFR 1.48(b) and 1.51.

Source: 52 FR 32660, Aug. 28, 1987, unless otherwise noted.

Sec. 771.101 Purpose.

This regulation prescribes the policies and procedures of the Federal Highway Administration (FHWA) and the Urban Mass Transportation Administration (UMTA) for implementing the National Environmental Policy Act of 1969 as amended (NEPA), and the regulation of the Council on Environmental Quality (CEQ), 40 CFR 1500-1508. This regulation sets forth all FHWA, UMTA, and Department of Transportation (DOT) requirements under NEPA for the processing of highway and urban mass transportation projects. This regulation also sets forth procedures to comply with 23 U.S.C. 109(h), 128, 138, and 49 U.S.C. 303, 1602(d), 1604(h), 1604(i), 1607a, 1607a-1 and 1610.

Sec. 771.103 [Reserved]

Sec. 771.105 Policy.

It is the policy of the Administration that:

[52 FR 32660, Aug. 28, 1987; 53 FR 11065, Apr. 5, 1988.

Sec. 771.107 Definitions.

The definitions contained in the CEQ regulation and in Titles 23 and 49 of the United States Code are applicable. In addition, the following definitions apply.

Sec. 771.109 Applicability and responsibilities.

Sec. 771.111 Early coordination, public involvement, and project development.

Sec. 771.113 Timing of Administration activities.

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]

Sec. 771.115 Classes of actions.

There are three classes of actions which prescribe the level of documentation required in the NEPA process.

Sec. 771.117 Categorical exclusions.

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]

Sec. 771.119 Environmental assessments.

Sec. 771.121 Findings of no significant impact.

Sec. 771.123 Draft environmental impact statements.

Sec. 771.125 Final environmental impact statements.

Sec. 771.127 Record of decision.

Sec. 771.129 Reevaluations.

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]

Sec. 771.130 Supplemental environmental impact statements.

Sec. 771.131 Emergency action procedures.

Requests for deviations from the procedures in this regulation because of emergency circumstances (40 CFR 1506.11) shall be referred to the Administration's headquarters for evaluation and decision after consultation with CEQ.

Sec. 771.133 Compliance with other requirements.

The final EIS or FONSI should document compliance with requirements of all applicable environmental laws, Executive orders, and other related requirements. If full compliance is not possible by the time the final EIS or FONSI is prepared, the final EIS or FONSI should reflect consultation with the appropriate agencies and provide reasonable assurance that the requirements will be met. Approval of the environmental document constitutes adoption of any Administration findings and determinations that are contained therein. The FHWA approval of the appropriate NEPA document will constitute its finding of compliance with the report requirements of 23 U.S.C. 128.

Sec. 771.135 Section 4(f) (49 U.S.C. 303).

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988, as amended at 56 FR 13279, Apr. 1, 1991]

Sec. 771.137 International-actions.


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