§ 771.107 - Definitions.

§ 771.107 Definitions.

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

(a) Environmental studies. The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document.

(b)

to this part.

Action. A highway, transit, or

transit

railroad project proposed for

FHWA or FTA

U.S. DOT funding. It also

includes

can include activities such as joint and multiple use permits, changes in access control,

etc.

or rulemakings, which may or may not involve a commitment of Federal funds.

(c)

Administration

action

. The

approval by

FHWA

or FTA of the applicant's request for Federal funds for construction. It also includes approval of activities such as joint and multiple use permits, changes in access control, etc., which may or may not involve a commitment of Federal funds. (d) Administration. The FHWA or

, FRA, or FTA, whichever is the designated Federal lead agency for the proposed action. A reference herein to the Administration means the FHWA, FRA, or FTA, or a State when the State is functioning as the FHWA, FRA, or FTA in carrying out responsibilities delegated or assigned to the State in accordance with 23 U.S.C. 325, 326, or 327, or other applicable law. A reference herein to the FHWA, FRA, or FTA means the State when the State is functioning as the FHWA, FRA, or FTA respectively in carrying out responsibilities delegated or assigned to the State in accordance with 23 U.S.C. 325, 326, or 327, or other applicable law. Nothing in this definition alters the scope of any delegation or assignment made by FHWA, FRA, or FTA.

(e) Section 4(f). Refers to 49 U.S.C. 303 and 23 U.S.C. 138.^[2]

(f) Applicant. Any

Administration action. FHWA, FRA, or FTA approval of the applicant's request for Federal funds for construction. It also can include approval of activities, such as joint and multiple use permits, changes in access control, rulemakings, etc., that may or may not involve a commitment of Federal funds.

Applicant. Any Federal, State, local, or federally

-

recognized Indian

tribal

Tribal governmental unit that requests funding approval or other action by the Administration and that the Administration works with to conduct environmental studies and prepare environmental review documents. When another Federal agency, or the Administration itself, is implementing the action, then the lead agencies (as defined in this

regulation

section) may assume the responsibilities of the applicant in this part. If there is no applicant, then the Federal lead agency will assume the responsibilities of the applicant in this part.

(g)

Environmental studies. The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document.

Lead agencies. The Administration and any other agency designated to serve as a joint lead agency with the Administration under 23 U.S.C. 139(c)(3) or under the CEQ

regulation

regulations.

(h)

Participating agency. A Federal, State, local, or federally

-

recognized Indian

tribal

Tribal governmental unit that may have an interest in the proposed project and has accepted an invitation to be a participating agency

,

or, in the case of a Federal agency, has not declined the invitation in accordance with 23 U.S.C. 139(d)(3).

(i)

Programmatic approaches. An approach that reduces the need for project-by-project reviews, eliminates repetitive discussion of the same issue, or focuses on the actual issues ripe for analyses at each level of review, consistent with NEPA and other applicable law.

Project sponsor. The Federal, State, local, or federally

-

recognized Indian

tribal

Tribal governmental unit, or other entity, including any private or public-private entity that seeks Federal funding or an Administration action

.

[52 FR 32660, Aug. 28, 1987, as amended at 70 FR 24469, May 9, 2005; 74 FR 12527, Mar. 24, 2009; 78 FR 8982, Feb. 7, 2013]

Footnotes - 771.107

^[2] Section 4(f), which protected certain public lands and all historic sites, technically was repealed in 1983 when it was codified, without substantive change, as

for a project. Where it is not the applicant, the project sponsor may conduct some of the activities on the applicant's behalf.

Section 4(f). Refers to 49 U.S.C. 303

. This regulation continues to refer to section 4(f) because it would create needless confusion to do otherwise; the policies section 4(f) engendered are widely referred to as “section 4(f)” matters. A provision with the same meaning is found at

and 23 U.S.C. 138

and applies only to FHWA actions

(as implemented by 23 CFR part 774).