[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: 23CFR771.129]

[Page 422]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec. 771.129  Re-evaluations.

    (a) A written evaluation of the draft EIS shall be prepared by the 
applicant in cooperation with the Administration if an acceptable final 
EIS is not submitted to the Administration within 3 years from the date 
of the draft EIS circulation. The purpose of this evaluation is to 
determine whether or not a supplement to the draft EIS or a new draft 
EIS is needed.
    (b) A written evaluation of the final EIS will be required before 
further approvals may be granted if major steps to advance the action 
(e.g., authority to undertake final design, authority to acquire a 
significant portion of the right-of-way, or approval of the plans, 
specifications and estimates) have not occurred within three years after 
the approval of the final EIS, final EIS supplement, or the last major 
Administration approval or grant.
    (c) After approval of the EIS, FONSI, or CE designation, the 
applicant shall consult with the Administration prior to requesting any 
major approvals or grants to establish whether or not the approved 
environmental document or CE designation remains valid for the requested 
Administration action. These consultations will be documented when 
determined necessary by the Administration.

[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]