[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.305]

[Page 342-343]
 
                           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

[[Page 343]]

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.