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Legislation, Regulations, & Guidance

• American Recovery and Reinvestment Act of 2009 (PDF)
  • Title XII: Transportation And Housing And Urban development, And Related Agencies (Page 89)
    • FHWA information page 92.
• DOT Dockets and Regulations
• Legislation
• Regulations
  • Title 23, Highways
  • Title 40, Protection of the Environment
  • Title 49, Transportation
• Guidance
  • Planning
  • Environment
  • Realty
  • Other/Crosscutting
• Superseded Planning, Environment, & Real Estate Guidance

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Legislation

• Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
  • FHWA SAFETEA-LU Web Site
  • SAFETEA-LU Planning, Environment and Real Estate Related Provisions
• Title 23, United States Code, Highways (GPO electronic USC)
  • Section 134, Metropolitan Planning
  • Section 135, Statewide Planning
  • Section 149, Congestion Mitigation and Air Quality Improvement Program
  • Section 162, National Scenic Byways Program
  • Section 206, Recreational trails Program
  • Section 217, Bicycle Transportation and Pedestrian Walkways
  • Section 505, State Planning and Research
• Title 42, United States Code, Chapter 61, Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs (GPO electronic USC)
• Title 42, United States Code, Chapter 85, Air Pollution Prevention and Control (GPO electronic USC)
• Title 49, United States Code, Chapter 53, Mass Transportation (GPO electronic USC)
• Transportation Equity Act for the 21st Century
• Summary of Environmental Laws Affecting Transportation
• Appropriations Legislation
  • REVISED CONTINUING APPROPRIATIONS RESOLUTION, 2007 (Pub. L. 110-5) (or PDF, 150KB))
  • Previous Fiscal Years Appropriation Legislation (THOMAS Website)
• For Other Legislation, See the Library of Congress THOMAS Website

Regulations

Title 23

• Title 23, Code of Federal Regulations, Highways (GPO electronic CFR)
  • Part 420, Planning and Research Program Administration (or PDF, 80KB)
    • Guidance on Use of FHWA Planning and Research Funds for Travel and Training - January 29, 2004
    • Use of FHWA Planning & Research Funds for Conferences and Other Meetings - December 8, 2006
    • FHWA, State DOT, and MPO Rights to Copyrighted and Patented Items Developed with FHWA Planning and Research Funds - March 1, 2004
    • Clarification of Policy on Indirect Costs of State and Local Governments
    • Eligibility of Membership Dues for FHWA/FTA Planning Funds - October 8, 2002
  • Part 450, Planning Assistance and Standards
    • Statewide Transportation Planning; Metropolitan Transportation Planning; Final Rule (effective 3/16/07) (or PDF, 395KB); February 14, 2007, Federal Register
  • Part 460, Public Road Mileage for Apportionment of Highway Safety Funds
    • Non-regulatory Supplement 1 for Part 460
    • Non-regulatory Supplement 2 for Part 460
  • Part 470, Highway Systems
  • Part 500, Management and Monitoring Systems
    • Non-regulatory Supplement for Part 500, Subpart B
  • Part 650 B -Erosion and Sediment Control on Highway Construction Projects
    • Non-regulatory supplement
  • Part 652, Pedestrian and Bicycle Accomodations and Projects
    • NOTE: 23 CFR Part 652 is outdated and will be revised after reauthorization of surface transportation programs. See current Bicycle and Pedestrian Program legislation and guidance.
  • Part 710, Right-of-way and Real Estate
    • Guidance on Hardship Acquisition and Condemnation; Nov. 5, 2004, Memorandum
    • Airspace Guidelines to 23 CFR 710.405 - 710.407; December 21, 1999
    • Guidance on Eminent Domain Provision of Department of Transportation Appropriations Act, 2006; February 24, 2006
  • Part 750, Highway Beautification
    • Non-regulatory Supplement for Part 750, Subpart B
    • Non-regulatory Supplement 1 for Part 750, Subpart D
    • Non-regulatory Supplement 2 for Part 750, Subpart D
    • Non-regulatory Supplement 1 for Part 750, Subpart G
    • Non-regulatory Supplement 2 for Part 750, Subpart G
  • Part 751, Junkyard control and acquisition
    • Non-regulatory Supplement 1 for Part 751
    • Non-regulatory Supplement 2 for Part 751
  • Part 752, Landscape and Roadside Development
    • Non-regulatory Supplement for Part 752
  • Part 771, Environmental Impact and Related Procedures
    • Design-Build Contracting; Final rule (or PDF, 87KB); August 14, 2007, Federal Register
    • Environmental Guidebook
    • Environmental Impact and Related Procedures; Final Rule (or PDF 114KB) March 24, 2009, Federal Register
    • Technical Advisory T6640.8A, Guidance for Preparing and Processing Environmental and Section 4(f) Documents - 10/30/87
    • FHWA Questions and Answers About Negotiated Time Frames for EAs and EISs - March 11, 2004
    • ADVISORY COUNCIL ON HISTORIC PRESERVATION, Exemption Regarding Historic Preservation Review Process for Effects to the Interstate Highway System (or PDF, 59KB)
    • Final Nationwide Programmatic Section 4(f) Evaluation and Determination for Federal-Aid Transportation Projects That Have a Net Benefit to a Section 4(f) Property (or PDF, 101KB), April 20, 2005, Federal Register
    • SAFETEA-LU: Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities; September 2, 2005
    • SAFETEA-LU: Interim Guidance for Implementing SAFETEA-LU Provisions on Planning, Environment, and Air Quality for FHWA Authorities; September 2, 2005
    • Sec. 6002: Efficient Environmental Reviews for Project Decision Making
      • Notice of Availability of Guidance on Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (or PDF, 97KB); Nov. 15, 2006, Federal Register
        • SAFETEA-LU Environmental Review Process Final Guidance
      • Announcement of Solicitation and Application Procedure for State Participation in the Surface Transportation Project Delivery Pilot Program (or PDF, 54KB); July 9, 2007, Federal Register
    • Sec. 6004: State Assumption of Responsibility for Categorical Exclusions
      • SAFETEA-LU Sec. 6004: Information: Guidance on the State Assumption of Responsibility for Categorical Exclusions (CE); April 4, 2006
      • SAFETEA-LU Sec. 6004: California Department of Transportation Categorical Exclusion Delegation;
      • SAFETEA-LU Sec. 6004: FHWA Monitoring Reviews of SAFETEA-LU Section 6004 Categorical Exclusion Assignments; March 28, 2007
    • Sec. 6005: Surface Transportation Project Delivery Pilot Program
      • Final Rule (effective 3/14/07) (or PDF, 80KB); February 12, 2007, Federal Register
      • Announcement of Solicitation and Application Procedure for State Participation in the Surface Transportation Project Delivery Pilot Program (or PDF, 54KB); July 9, 2007, Federal Register
    • SAFETEA-LU Sec. 6007: Exemption for the Interstate System
      • Guidance for Applying the 4(f) Exemption for the Interstate Highway System; January 13, 2006
      • Final List of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System (or PDF, 55KB); Dec. 19, 2006, Federal Register
      • Final List of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System (or PDF, 162KB)
    • SAFETEA-LU Sec. 6009: Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites
      • Notice of Final Rule (or PDF, 86KB); Wednesday, March 12, 2008, Federal Register
        • Final Rule Technical Corrections (or PDF, 50 KB); Tuesday, June 3, 2008, Federal Register
      • Guidance for Determining De Minimis Impacts to Section 4(f) Resources; July 20, 2012
      • Notice of proposed rulemaking (NPRM); request for comments. (or PDF, 103KB); July 27, 2006, Federal Register
  • Part 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise
    • Amendment to 23 CFR 772; Procedures for Abatement of Highway Traffic Noise and Construction Noise (April 1, 2005 FR) - (or PDF, 72KB)
  • Part 773, Surface Transportation Project Delivery Pilot Program
    • SAFETEA-LU Sec. 6005: Surface Transportation Project Delivery Pilot Program; Final Rule (effective 3/14/07) (or PDF, 80KB); February 12, 2007, Federal Register
  • Part 777, Mitigation of Impacts to Wetlands and Natural Habitat
    • Information and Additional Guidance on the Language in TEA-21 that Established the Preference for Using Wetland Mitigation Banks (July 2003)
    • Federal-aid Eligibility of Wetland and Natural Habitat Mitigation (March 10, 2005, Memorandum)
  • Part 940, Intelligent Transportation System Architecture and Standards

Title 40

• Title 40, Code of Federal Regulations, Protection of the Environment (GPO electronic CFR)
  • Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Subpart T-Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws; Section 51.390, Implementation Plan Revision
  • Part 52, Approval and Promulgation of Implementation Plans; Sections 5230-5234, Sanctions
  • Part 93, Determining Conformity of Federal Actions to State or Federal Implementation Plans

Title 49

• Title 49, Code of Federal Regulations, Transportation (GPO electronic CFR)
  • Part 17, Intergovernmental Review of Department of Transportation Programs and Activities
  • Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments
  • Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations
  • Part 20, New Restrictions on Lobbying
  • Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-- Effectuation of Title VI of the Civil Rights Act of 1964
  • Part 24, Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs
    Non-regulatory Supplement for Part 24, Subpart A
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.101
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.102
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.103
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.104
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.105
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.106
    Non-regulatory Supplement for Part 24, Subpart B, Section 24.108
    Non-regulatory Supplement for Part 24, Subpart C
    Non-regulatory Supplement for Part 24, Subpart D
    Non-regulatory Supplement for Part 24, Subpart E
    Non-regulatory Supplement for Part 24, Subpart F
    • Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs; Correction to final rule (May 2, 2005 FR) - (or PDF, 50KB)
    • Uniform Relocation and Real Property Acquisition for Federal and Federally-Assisted Programs; Fixed Payment for Moving Expenses; Residential Moves (May 23, 2012 FR) - (or PDF, 205KB)
      • Fixed Residential Moving Cost Schedule (2012)
    • 49 CFR Part 24 Additional Guidance
    • 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs; Final Rule (January 4, 2005 FR) - (or PDF, 421KB)
    • 49 CFR Part 24, Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs: Summary Report of January 4, 2005, Final Rule
    • 49 CFR Part 24, Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs: Side-by-Side Comparison of Previous Rule to January 4, 2005, Final Rule
  • Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs
  • Part 27, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
  • Part 32, Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)
  • Chapter VI, Federal Transit Administration, Department of Transportation, Parts 601-665

Guidance

Planning

• Census
• Constrained Long Range Transportation Plans: Projects with Phases Outside the 20-Year Horizon
• Context Sensitive Solutions in the Transportation Planning Process Q&As
• Context Sensitive Solutions Program Activities
• Eligibility of "Other Mode" Planning for FHWA Planning and Research Funds; January 18, 2005
• FHWA/FTA Planning Program Funds to Support Integration of Transportation, Land Use, and Climate Change
• Financial Planning and Fiscal Constraint For Transportation Plans and Programs Questions & Answers
• Forecasting and Fiscal Constraint
• Guidance on Financial Planning and Fiscal Constraint for Transportation Plans and Programs
• Headquarters Agreement on Transportation Planning Program Coordination
• Induced Travel
• Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009
• Innovative Financing/Public Private Partnerships
• Issuance Major Project Guidance
• Lessons Learned in Fiscal Constraint
• List of Recurring Planning Activities
• Operations and Maintenance Assessment Checklist
• Planning Oversight and Stewardship Activities Related to the 2000 Census
• Prior Approvals for Non-Construction Grants & Cooperative Agreements to State & Local Governments
• Program Income Under Federal Grants
• Questions Regarding Greenhouse Gas Endangerment Analysis
• Retention of Statewide Transportation Improvement Program (STIP) Records
• SAFETEA-LU: Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities; September 2, 2005
• SAFETEA-LU: Interim Guidance for Implementing SAFETEA-LU Provisions on Planning, Environment, and Air Quality for FHWA Authorities; September 2, 2005
• SAFETEA-LU Sec. 1903: Guidance on the Coordinated Border Infrastructure Program; February 1, 2006
• SAFETEA-LU Sec. 6001: Transportation Planning
  • Statewide Transportation Planning; Metropolitan Transportation Planning; Final Rule (effective 3/16/07) (or PDF, 395KB); February 14, 2007, Federal Register
• Supplement to January 28, 2008 Transportation Planning Requirements and Their Relation to NEPA Process Completion; February 9, 2011, Distribution Memo
  • Requirements and Questions & Answers (or PDF 157 KB)
  • Planning and NEPA Flowchart
• Third Party In-Kind Contributions As Match For FHWA Planning Funds
• Transportation Plan and Program Fiscal Constraint Review Questions
• Transportation Planning Requirements and Their Relationship to NEPA Approvals Distribution Memo (January 28, 2008)
  • Transportation Planning Requirements and Their Relationship to NEPA Approvals
  • Project Examples Regarding Fiscal Constraint and NEPA Approvals
• Treatment of Management Systems Cost (or PDF 73KB)
• Urban Area Boundaries for Census
• Use of Inflation Rates to Develop Cost Estimates for Plans, TIPs, and STIPs

Environment

• Air Quality - Congestion Mitigation and Air Quaility Improvement Program (CMAQ)
• Air Quality - Transportation Confomity
• Air Quality – Transportation and Toxic Air Pollutants
• Bicycle and Pedestrian Program
• Context Sensitive Solutions in the Transportation Planning Process Q&As
• Context Sensitive Solutions Program Activities
• Ecosystem Management
• Environmental Guidebook
• Exemption Regarding Historic Preservation Review Process for Effects to the Interstate Highway System (or PDF, 59KB)
• National Scenic Byways Program
• Noise
• Planning and Environment Linkages
• Recreational Trails Program
• Roadside Vegetation Management
• SAFETEA-LU: Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities; September 2, 2005
• SAFETEA-LU: Interim Guidance for Implementing SAFETEA-LU Provisions on Planning, Environment, and Air Quality for FHWA Authorities; September 2, 2005
• SAFETEA-LU Sec. 1805: Use of Debris from Demolished Bridges and Overpasses; March 7, 2006
• SAFETEA-LU Sec. 1808: Final Guidance on the Congestion Mitigation and Air Quality Improvement Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users; November 17, 2008
• SAFETEA-LU Sec. 6002: Efficient Environmental Reviews for Project Decision Making
  • Notice of Availability of Guidance on Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (or PDF, 97KB); Nov. 15, 2006, Federal Register
    • SAFETEA-LU Environmental Review Process Final Guidance
  • Announcement of Solicitation and Application Procedure for State Participation in the Surface Transportation Project Delivery Pilot Program (or PDF, 54KB); July 9, 2007, Federal Register
  • Environmental Impact and Related Procedures; Final Rule (or PDF 114KB) March 24, 2009, Federal Register
• SAFETEA-LU Sec. 6004: State Assumption of Responsibility for Categorical Exclusions; April 4, 2006
• SAFETEA-LU Sec. 6005: Surface Transportation Project Delivery Pilot Program; Final Rule (effective 3/14/07) (or PDF, 80KB); February 12, 2007, Federal Register
• SAFETEA-LU Sec. 6006: Environmental Restoration and Pollution Abatement; Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species
  • Guidance on 23 U.S.C. §328 Environmental Restoration and Pollution Abatements; August 17, 2006
  • Guidance on 23 U.S.C. §329 on the Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species; May 16, 2006
• SAFETEA-LU Sec. 6007: Exemption for the Interstate System
  • Guidance for Applying the 4(f) Exemption for the Interstate Highway System; January 13, 2006
  • Final List of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System (or PDF, 55KB); Dec. 19, 2006, Federal Register
  • Final List of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System (or PDF, 162KB)
• SAFETEA-LU Sec. 6009: Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites
  • Guidance for Determining De Minimis Impacts to Section 4(f) Resources; July 2012
  • Notice of proposed rulemaking (NPRM); request for comments. (or PDF, 103KB); July 27, 2006, Federal Register
• SAFETEA-LU Sec. 6011: Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); January 24, 2008
• SAFETEA-LU Sec. 6018: Use of Granular Mine Tailings (EPA prepublication FR notice)
  • Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as "Chat"; Reopening the Comment Period (May 22, 2006 FR)
• Transportation Enhancement Activities
• Water Quality
• Wetlands

Realty

• Policy and Guidance
• Guidance on Eminent Domain Provision of Department of Transportation Appropriations Act, 2006; February 24, 2006
• Outdoor Advertising Control
• Policy and Guidance Supercompensation Payments Incurred for Acquisition of Real Property on Projects Eligible for Federal Funding; January 27, 2007
• Conflict Assessment: Federal Outdoor Advertising Control Program; January 2007
• Major Projects Guidance and the Division Right-of-Way Function; May 23, 2007

Other/Crosscutting

• Title 2, Code of Federal Regulations, Grants and Agreements (GPO electronic CFR)
  • Part 1-About Title 2 of the Code of Federal Regulations and Subtitle A
  • Part 180-OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)
  • Part 215-Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations (OMB Circular A-110)
  • Part 220-Cost Principles for Educational Institutions (OMB Circular A-21)
  • Part 225-Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)
  • Part 230-Cost Principles for Non-profit Organizations (OMB Circular A-122)

• Flexible Funding for Highways and Transit and Funding for Bicycle & Pedestrian Programs - Revised 4/18/06
• Office of Management & Budget (OMB) Grant Circulars
• Presidential Executive Orders

Superseded Planning, Environment, & Real Estate Guidance

• Superseded Planning, Environment, & Real Estate Guidance