[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: 23CFR777.5]

[Page 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. 777.5  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.