[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR771.105]

[Page 401]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec.  771.105  Policy.

    It is the policy of the Administration that:
    (a) To the fullest extent possible, all environmental 
investigations, reviews, and consultations be coordinated as a single 
process, and compliance with all applicable environmental requirements 
be reflected in the environmental document required by this 
regulation.\1\
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    \1\ FHWA and FTA have supplementary guidance on the format and 
content of NEPA documents for their programs. This includes a list of 
various environmental laws, regulations, and Executive orders which may 
be applicable to projects. The FHWA Technical Advisory T6640.8A, October 
30, 1987, and the FTA supplementary guidance are available from the 
respective FHWA and FTA headquarters and field offices as prescribed in 
49 CFR part 7.
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    (b) Alternative courses of action be evaluated and decisions be made 
in the best overall public interest based upon a balanced consideration 
of the need for safe and efficient transportation; of the social, 
economic, and environmental impacts of the proposed transportation 
improvement; and of national, State, and local environmental protection 
goals.
    (c) Public involvement and a systematic interdisciplinary approach 
be essential parts of the development process for proposed actions.
    (d) Measures necessary to mitigate adverse impacts be incorporated 
into the action. Measures necessary to mitigate adverse impacts are 
eligible for Federal funding when the Administration determines that:
    (1) The impacts for which the mitigation is proposed actually result 
from the Administration action; and
    (2) The proposed mitigation represents a reasonable public 
expenditure after considering the impacts of the action and the benefits 
of the proposed mitigation measures. In making this determination, the 
Administration will consider, among other factors, the extent to which 
the proposed measures would assist in complying with a Federal statute, 
Executive Order, or Administration regulation or policy.
    (e) Costs incurred by the applicant for the preparation of 
environmental documents requested by the Administration be eligible for 
Federal assistance.
    (f) No person, because of handicap, age, race, color, sex, or 
national origin, be excluded from participating in, or denied benefits 
of, or be subject to discrimination under any Administration program or 
procedural activity required by or developed pursuant to this 
regulation.

[52 FR 32660, Aug. 28, 1987; 53 FR 11065, Apr. 5, 1988, as amended at 70 
FR 24469, May 9, 2005]