23 C.F.R. § 771.107   Definitions.


Title 23 - Highways


Title 23: Highways
PART 771—ENVIRONMENTAL IMPACT AND RELATED PROCEDURES

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§ 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.

(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) Action. A highway or transit project proposed for FHWA or FTA funding. It also includes activities such as joint and multiple use permits, changes in access control, etc., 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. FHWA or FTA, whichever is the designated lead agency for the proposed action.

(e) Section 4(f). Refers to 49 U.S.C. 303 and 23 U.S.C. 138.2

2 Section 4(f), which protected certain public lands and all historic sites, technically was repealed in 1983 when it was codified, without substantive change, as 49 U.S.C. 303.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 23 U.S.C. 138 and applies only to FHWA actions.

[52 FR 32660, Aug. 28, 1987, as amended at 70 FR 24469, May 9, 2005]

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