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23 CFR 777.5 - Federal participation.

§ 777.5
Federal participation.
(a) Those measures which the FHWA and a State DOT find appropriate and necessary to mitigate adverse environmental impacts to wetlands and natural habitats are eligible for Federal participation where the impacts are the result of projects funded pursuant to title 23, U.S. Code. The justification for the cost of proposed mitigation measures should be considered in the same context as any other public expenditure; that is, the proposed mitigation represents a reasonable public expenditure when weighed against other social, economic, and environmental values, and the benefit realized is commensurate with the proposed expenditure. Mitigation measures shall give like consideration to traffic needs, safety, durability, and economy of maintenance of the highway.
(b) It is FHWA policy to permit, consistent with the limits set forth in this part, the expenditure of title 23, U.S. Code, funds for activities required for the planning, design, construction, monitoring, and establishment of wetlands and natural habitat mitigation projects, and acquisition of land or interests therein.

Title 23 published on 2012-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 23 - HIGHWAYS

§ 101 - Definitions and declaration of policy

§ 103 - Federal-aid systems

§ 109 - Standards

§ 133 - Surface transportation program

§ 138 - Preservation of parklands

§ 315 - Rules, regulations, and recommendations

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 4321 - Congressional declaration of purpose

USC : Title 49 - TRANSPORTATION

§ 303 - Policy on lands, wildlife and waterfowl refuges, and historic sites

Presidential Documents

Executive Order ... 11990