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DOT/FHWA | RIN: 2125-AD78 | Publication ID: Fall 1999 |
Title: Mitigation of Impacts to Wetlands | |
Abstract: The FHWA is further supplementing its June 17, 1996, notice of proposed rulemaking (NPRM), Mitigation of Impacts to Wetlands, and June 18, 1997, supplemental notice of proposed rulemaking (SNPRM) on the same subject. The recently enacted Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107) added the term "natural habitat" to those provisions of title 23 , United States Code (U.S.C.), making wetlands mitigation banking efforts eligible for National Highway System (NHS) and Surface Transportation Program (STP) funds. This second SNPRM would update the FHWA's wetlands regulation to make it consistent with the authority established in TEA-21 by including mitigation of impacts to natural habitat, as well as wetlands within the scope of the regulation, specifying that it applies to all projects funded pursuant to the provisions of title 23, U.S.C. This SNPRM would also include a provision requiring that existing mitigation banks be used to provide mitigation for these highway impacts to wetlands and natural habitat when they are available and practicable. | |
Agency: Department of Transportation(DOT) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 23 CFR 777 49 CFR 1.48(b) | |
Legal Authority: 42 USC 4321 23 USC 109(h) 23 USC 138 23 USC 315(i) 23 USC 133(b) EO 11990 |
Legal Deadline:
None |
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Timetable:
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Additional Information: Additional authority DOT Order 5660.1A | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | |
Included in the Regulatory Plan: No | |
Agency Contact: Paul Garrett Water and Ecosystems Team Department of Transportation Federal Highway Administration 400 Seventh Street SW., Washington, DC 20590 Phone:303 969-5772 Email: paul.garrett@fhwa.dot.gov |