[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.305]

[Page 340]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710--RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
                     Subpart C--Project Development
 
Sec. 710.305  Environmental analysis.

    The National Environmental Policy Act (NEPA) process, as described 
in FHWA's NEPA regulations in 23 CFR part 771, normally must be 
conducted and concluded with a record of decision (ROD) or equivalent 
before Federal funds can be placed under agreement for acquisition of 
right-of-way. Where applicable, a State also must complete Clean Air Act 
(42 U.S.C. 7401 et seq.) project level conformity analysis. In areas in 
which the Clean Air Act conformity determination has lapsed, acquiring 
agencies must coordinate with Federal Highway Administration for special 
instructions prior to initiating new projects or continuing activity on 
existing projects. At the time of processing an environmental document, 
a State may request reimbursement of costs incurred for early 
acquisition, provided conditions prescribed in 23 U.S.C. 108(c) and 23 
CFR 710.501, are satisfied.