[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR771.113]

[Page 415]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec. 771.113  Timing of Administration activities.

    (a) The Administration in cooperation with the applicant will 
perform the work necessary to complete a FONSI or an EIS and comply with 
other related environmental laws and regulations to the maximum extent 
possible during the NEPA process. This work includes environmental 
studies, related engineering studies, agency coordination and public 
involvement. However, final design activities, property acquisition 
(with the exception of hardship and protective buying, as defined in 
Sec. 771.117(d)), purchase of construction materials or rolling stock, 
or project construction shall not proceed until the following have been 
completed:
    (1)(i) The action has been classified as a categorical exclusion 
(CE), or
    (ii) A FONSI has been approved, or
    (iii) A final EIS has been approved and available for the prescribed 
period of time and a record of decision has been signed;
    (2) For actions proposed for FHWA funding, the FHWA Division 
Administrator has received and accepted the certifications and any 
required public hearing transcripts required by 23 U.S.C. 128;
    (3) For activities proposed for FHWA funding, the programming 
requirements of 23 CFR part 450, subpart B, and 23 CFR part 630, subpart 
A, have been met.
    (b) For FHWA, the completion of the requirements set forth in 
paragraphs (a)(1) and (2) of this section is considered acceptance of 
the general project location and concepts described in the environmental 
document unless otherwise specified by the approving official. However, 
such approval does not commit the Administration to approve any future 
grant request to fund the preferred alternative.
    (c) Letters of Intent issued under the authority of 49 U.S.C. 
5309(g) are used by FTA to indicate an intention to obligate future 
funds for multi-year capital transit projects. Letters of Intent will 
not be issued by FTA until the NEPA process is completed.

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988, as amended at 70 
FR 24469, May 9, 2005]