[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: 23CFR777.3]

[Page 398-399]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 777--MITIGATION OF IMPACTS TO WETLANDS AND NATURAL HABITAT--Table of Contents
 
Sec. 777.3  Background.

    (a) Executive Order 11990 (42 FR 26961, 3 CFR, 1977 Comp., p. 121) 
Protection of Wetlands, and DOT Order 5660.1A,\1\ Preservation of the 
Nation's Wetlands, emphasize the important functions and values inherent 
in the Nation's wetlands. Federal agencies are directed to avoid new 
construction in wetlands unless the head of the agency determines that:
---------------------------------------------------------------------------

    \1\ DOT Order 5660.1A is available for inspection and copying from 
FHWA headquarters and field offices as prescribed at 49 CFR part 7.
---------------------------------------------------------------------------

    (1) There is no practicable alternative to such construction, and
    (2) The proposed action includes all practicable measures to 
minimize harm to wetlands which may result from such use.
    (b) Sections 103 and 133 of title 23, U.S. Code, identify additional 
approaches for mitigation and management of impacts to wetlands and 
natural habitats which result from projects funded pursuant to title 23,

[[Page 399]]

U.S. Code, as eligible for participation with title 23, U.S. Code, 
funds.
    (c) 33 CFR parts 320 through 330, Regulatory Program, U.S. Army 
Corps of Engineers; Section 404, Clean Water Act and 40 CFR part 230, 
Section 404(b)(1) Guidelines for the Specification of Disposal Sites for 
Dredged or Fill Material, establish requirements for the permitting of 
discharge of dredge or fill material in wetlands and other waters of the 
United States.
    (d) Federal Guidance for the Establishment, Use, and Operation of 
Mitigation Banks presents guidance for the use of ecological mitigation 
banks as compensatory mitigation in the Section 404 Regulatory Program 
for unavoidable impacts to wetlands and other aquatic resources.
    (e) Interagency Cooperation--Endangered Species Act of 1973, as 
amended (50 CFR part 402), presents regulations establishing interagency 
consultation procedures relative to impacts to species listed under the 
authority of the Act and their habitats as required by Section 7, 
Interagency Coordination, of the Endangered Species Act of 1973 (16 
U.S.C. 1536).