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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 23 - Highways |
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Chapter I - Federal Highway Administration, Department of Transportation |
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SubChapter H - Right-of-Way and Environment |
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Part 771 - Environmental Impact and Related Procedures |
§ 771.107 - Definitions.
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§ 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 .
(b)(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.
to this part.
transitAction. A highway, transit, or
FHWA or FTArailroad project proposed for
includesU.S. DOT funding. It also
etc.can include activities such as joint and multiple use permits, changes in access control,
(c)or rulemakings, which may or may not involve a commitment of Federal funds.
actionAdministration
approval by. The
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 orFHWA
, 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.
(f) Applicant. Any(e) Section 4(f). Refers to 49 U.S.C. 303 and 23 U.S.C. 138.[2]
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
tribalrecognized Indian
regulationTribal 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
(g)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.
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.
regulationLead 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
(h)regulations.
-Participating agency. A Federal, State, local, or federally
tribalrecognized Indian
,Tribal governmental unit that may have an interest in the proposed project and has accepted an invitation to be a participating agency
(i)or, in the case of a Federal agency, has not declined the invitation in accordance with 23 U.S.C. 139(d)(3).
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
tribalrecognized Indian
.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]
[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, asFootnotes - 771.107
for a project. Where it is not the applicant, the project sponsor may conduct some of the activities on the applicant's behalf.
. 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 atSection 4(f). Refers to 49 U.S.C. 303
and applies only to FHWA actionsand 23 U.S.C. 138
(as implemented by 23 CFR part 774).