I. General Environmental Statutes
II. Health
III. Historical and Archeological Preservation
IV. Land and Water Usage
V. Noise
VI. Air Quality
| Legislative Reference |
Regulations Reference |
Purpose |
Applicability |
General Procedures |
Agency for Coordination and Consultation |
National Environmental Policy Act:
42 U.S.C. 4321-4335
(P.L. 91-190)
(P.L. 94-83) |
23 CFR 771-772
40 CFR 1500-1508
Executive Order 11514 as amended by Executive Order 11991 on NEPA responsibilities |
Consider environmental factors through systemic interdisciplinary approach before committing to a course of action. |
All FHWA actions |
Procedures set forth in CEQ Regulations and 23 CFR 771 |
Appropriate Federal, State, and local agencies |
Section 4(f) of The Department of Transportation Act:
23 U.S.C. 138
49 U.S.C. 303
(P.L. 100-17)
(P.L. 97-449)
(P.L. 86-670) |
23 CFR 771.135 |
Preserve publicly owned public parklands, waterfowl and wildlife refuges, and significant historic sites. |
Significant publicly owned public parklands, recreation areas, wildlife and waterfowl refuges, and all significant historic sites "used" for a highway project. |
Specific finding required:
1. Selected alternative must avoid protected areas, unless not feasible or prudent; and
2. Includes all possible planning to minimize harm. |
DOI, DOA, HUD, State, or local agencies having jurisdiction and State historic preservation officer (for historic sites) |
Economic, social, and environmental effects:
23 U.S.C. 109(h)
(P.L. 91-605)
23 U.S.C. 128 |
23 CFR 771-772 |
To assure that possible adverse, economic, social, and environmental effects of proposed highway projects and project locations are fully considered and that final decisions on highway projects are made in the best overall public interest. |
Applicable to the planning and development of proposed projects on any Federal-Aid system for which the FHWA approves the plans, specifications, and estimates, or has the responsibility for approving a program. |
Identification of economic, social, and environmental effects; consideration of alternative courses of action; involvement of other agencies and the public; systematic interdisciplinary approach. The report required by Section 128 on the consideration given to SEE impacts, may be the NEPA compliance document. |
Appropriate Federal, State and local agencies. |
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 4601 et seq., P.L. 91-646) as amended by the Uniform Relocation Act Amendments of 1987
(P.L. 100-17) |
49 CFR 24 |
To implement the Uniform Act as amended in an efficient manner; to ensure property owners of real property acquired for and persons displaced by Federal-Aid projects are treated fairly, consistently, and equitably; and so they will not suffer disproportionate injuries. |
All projects involving Federal-aid funds. |
Procedures set forth in 49 CFR 24 |
DOT/FHWA has lead responsibility. Appropriate Federal, State, and local agencies. |
| Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 23 U.S.C. 324; Americans with Disabilities Act (42 U.S.C. 12101) and related statutes. |
49 CFR 21 AND 23 CFR 200 |
To ensure that no person shall, on the grounds of race, color, national origin, age, sex, or disability be subjected to discrimination under any program or activity receiving federal financial assistance. |
All Federal programs and projects. |
Procedures set forth in 49 CFR 21 and 23 CFR 200. |
FHWA headquarters and field offices. |
| Executive Order 12898: Environmental Justice |
59 CFR 7629, 62 CFR 18377, 60 CFR 33896 |
Avoid Federal actions which cause disproportionately high and adverse impacts on minority and low income populations with respect to human health and the environment. |
All Federal programs and projects. |
Procedures set forth in DOT Final Environmental Justice Strategy and DOT order dated April 15,1997. |
FHWA headquarters and field offices. |
Public hearings:
23 U.S.C. 128 |
23 CFR 771.111(h) |
To ensure adequate opportunity for public hearings on the effects of alternative project locations and major design features; as well as the consistency of the project with local planning goals and objectives. |
Public hearings or hearing opportunities are required for projects described in each State's FHWA-approved public involvement procedures. |
Public hearings or opportunity for hearings during the consideration of highway location and design proposals are conducted as described in the State's FHWA-approved, public involvement procedures. States must certify to FHWA that such hearings or the opportunity for them have been held and must submit a hearing transcript to FHWA. |
Appropriate Federal, State, and local agencies. |
Surface Transportation and Uniform Relocation Assistance Act of 1987:Section 123(F) Historic Bridges 23 U.S.C. 144(o)
(P.L. 100-17) |
|
Complete an inventory of on and off system bridges to determine their historic significance. Encourage the rehabilitation, reuse, and preservation of historic bridges. |
Any bridge that is listed on, or eligible for listing on, the National Register of Historic Places. |
1. Identify historic bridges on and off system.
2. Attempt to donate bridge to public or responsible private entity prior to demolition. Preservation costs up to demolition cost available to donee. |
State Historic Preservation Officer, Advisory Council on Historic Preservation. |
Wildflowers
23 U.S.C. 319(B)
(P.L. 100-17) |
23 CFR 752 |
To encourage the use of native wildflowers in highway landscaping. |
Native wildflowers are to be planted on any landscaping project undertaken on the Federal-aid highway system. |
At least 1/4 of 1% of funds expended on a landscaping project must be used to plant native wildflowers on that project. |
FHWA State, Division, Regional contacts. |
Highway Beautification Act of 1965
23 U.S.C. 131
23 U.S.C. 136
23 U.S.C. 319
(P.L. 89-285) |
23 CFR 750
23 CFR 751
23 CFR 752 |
To provide effective control of outdoor advertising and junkyards, to protect the public investment, to promote the safety and recreational value of public travel and preserve natural beauty, and to provide landscapes and roadside development reasonably necessary to accommodate the traveling public. |
Interstate and primary systems (as primary system existed on June 1, 1991)and NHS. |
Procedures set forth in 23 CFR 750, 751, and 752 |
DOT/FHWA, State, and local agencies. |
| Legislative Reference |
Regulations Reference |
Purpose |
Applicability |
General Procedures |
Agency for Coordination and Consultation |
Section 106 of the National Historic Preservation Act, as amended: 16 U.S.C. 470f
(P.L. 89-665)
(P.L. 91-243)
(P.L. 93-54)
(P.L. 94-422)
(P.L. 94-458)
(P.L. 96-199)
(P.L. 96-244)
(P.L. 96-515)
(P.L. 102-575) |
Executive Order 11593
23 CFR 771
36 CFR 60
36 CFR 63
36 CFR 800 |
Protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, archeology, and culture. |
All properties on or eligible for inclusion on the National Register of Historic Places. |
1. Identify and determine the effects of project on subject properties.
2. Afford Advisory Council an early opportunity to comment, in accordance with 36 CFR 800.
3. Avoid or mitigate damages to greatest extent possible. |
State Historic Preservation Officer Advisory Council on Historic Preservation
DOI (NPS) |
Section 110 of the National Historic Preservation Act, as amended:
16 U.S.C.470H-2
(P.L. 96-515) |
36 CFR 65
36 CFR 78 |
Protect National historic landmarks.
Record historic properties prior to demolition. |
All properties designated as National historic landmarks. All properties on or eligible for inclusion on the National Register of Historic Places. |
1. Identify and determine the effects of project on subject properties.
2. Afford Advisory Council an early opportunity to comment, in accordance with 36 CFR 800. |
State Historic Preservation Officer
Advisory Council on Historic Preservation
DOI (NPS) |
Archeological and Historic Preservation Act:
16 U.S.C. 469-469C
(P.L. 93-291)
(Moss-Bennett Act) |
36 CFR 66 (Draft) |
Preserving significant historical and archeological data from loss or destruction. |
Any unexpected archeological resources discovered as a result of a Federal construction project or Federally licensed activity or program. |
1. Notify DOI (NPS) when a Federal project may result in the loss or destruction of a historic or archeological property.
2. DOI and/or the Federal agency may undertake survey or data recovery. |
DOI (NPS) Departmental consulting archeologist
State Historic Preservation Officer |
Archeological Resources Protection Act:
16 U.S.C. 470aa-11
(P.L. 96-95) |
18 CFR 1312
32 CFR 229
36 CFR 79
36 CFR 296
43 CFR 7 |
Preserve and protect paleontological resources, historic monuments, memorials, and antiquities from loss or destruction. |
Archeological resources on Federally or Native American-owned property. |
1. Ensure contractor obtains permit, and identifies and evaluates resource.
2. Mitigate or avoid resource in consultation with appropriate officials in the State.
3. If necessary, apply for permission to examine, remove, or excavate such objects. |
Department or agency having jurisdiction over land on which resources may be situated
(BIA, BLM, DOA, DOD, NPS, TVA, USFS, State Historic Preservation Officer, Recognized Indian Tribe, if appropriate) |
Act for the Preservation of American Antiquities
16 U.S.C. 431-433
(P.L. 59-209) |
36 CFR 251.50-.64
43 CFR 3 |
|
|
1. Notify DOI (NPS) when a Federal project may result in the loss or destruction of a historic or archeological property.
2. DOI and/or the Federal agency may undertake survey or data recovery. |
DOI (NPS) Departmental consulting archeologist
State Historic Preservation Officer |
American Indian Religious Freedom Act:
42 U.S.C. 1996
(P.L. 95-341) |
Executive Order No. 13007 |
Protect places of religious importance to American Indians, Eskimos, and Native Hawaiians. |
All projects which affect places of religious importance to Native Americans. |
Consult with knowledgeable sources to identify and determine any effects on places of religious importance.
Comply with Section 106 procedures if the property is historic. |
BIA State Historic Preservation Officer State Indian Liaison Advisory Council on Historic Preservation if appropriate. |
Native American Grave Protection and Repatriation Act:
(P.L. 101-601)
25 U.S.C. 3001 et seq. |
43 CFR 10 |
Protect human remains and cultural material of Native American and Hawaiian groups. |
Federal lands and Tribal lands. |
Consult with Native American group. |
DOI (NPS) BIA State Historic Preservation Officer. |
| Legislative Reference |
Regulations Reference |
Purpose |
Applicability |
General Procedures |
Agency for Coordination and Consultation |
Wilderness Act:
16 U.S.C. 1131-1136 |
36 CFR 293
43 CFR 19, 8560
50 CFR 35 |
Preserve and protect wilderness areas in their natural condition for use and enjoyment by present and future generations. |
All lands designated as part of the wilderness system by congress. |
Apply for modification or adjustment of wilderness boundary by either Secretary of the Interior or Agriculture, as appropriate. |
AGRICULTURE (USFS), DOI (FWS, NPS, BLM), AND State agencies |
Wild and Scenic Rivers Act:
16 U.S.C. 1271-1287 |
36 CFR 297 |
Preserve and protect wild and scenic rivers and immediate environments for benefit of present and future generations. |
All projects which affect designated and potential wild, scenic, and recreational rivers, and/or immediate environments. |
Coordinate project proposals and reports with appropriate Federal Agency. |
DOI (NPS) and/or AGRICULTURE (USFS)
State agencies. |
Land and Water Conservation Fund Act (Section 6(f)):
16 U.S.C. 460
-4 TO -11
(P.L. 88-578) |
|
Preserve, develop, and assure the quality and quantity of outdoor recreation resources for present and future generations. |
All projects which impact recreational lands purchased or improved with land and water conservation funds. |
The Secretary of the Interior must approve any conversion of property acquired or developed with assistance under this act to other than public, outdoor recreation use. |
DOI
State agencies |
Executive Order 11990:
Protection of Wetlands |
DOT Order 5660.1A
23 CFR 777 |
To avoid direct or indirect support of new construction in wetlands wherever there is a practicable lternative. |
Federally undertaken, financed, or assisted construction, and improvements in or with significant impacts on wetlands. |
Evaluate and mitigate impacts on wetlands. Specific finding required in final environmental document. |
DOI (FWS), EPA, USCE, NMFS, NRCS, State agencies |
Intermodal Surface Transportation Efficiency Act of 1991. Wetlands Mitigation Banks:
Sec. 1006-1007
(P.L. 102-240,105 STAT 1914)
23 U.S.C. 103(i)(13)
23 U.S.C. 133(b)(11) |
23 CFR 771; 777 |
To mitigate wetlands impacts directly associated with projects funded through NHS and STP, by participating in wetland mitigation banks, restoration, enhancement and creation of wetlands authorized under the Water Resources Dev. Act, and through contributions to statewide and regional efforts. |
Federally undertaken, financed, or assisted construction, and improvements, or with impacts on wetlands. |
Evaluate and mitigate impacts on wetlands. Specific finding required in final environmental document. |
DOI (FWS), EPA, USCE, NMFS, NRCS, State agencies |
Emergency Wetlands Resources Act of 1986:
16 U.S.C. 3921; 3931.
(P.L. 99-645) |
|
To promote the conservation of wetlands in the U.S. in order to maintain the public benefits they provide. |
All projects which may impact wetlands. |
1. Preparation of a national wetlands priority conservation plan which provides priority with respect to Federal and State acquisition.
2. Provide direction for the national wetlands inventory. |
FWS |
National Trails System Act:
16 U.S.C. 1241-1249 |
36 CFR 251
43 CFR 8350 |
Provide for outdoor recreation needs and encourage outdoor recreation. |
Projects affecting National scenic or historic trails designated by Congress and lands through which such trails pass. National recreation trails and side and connecting trails are proposed by local sponsors and approved by DOI and DOA |
1. Apply for right-of-way easement from the Secretary of Interior or Agriculture, as appropriate.
2. Ensure that potential trail properties are made available for use as recreational and scenic trails. |
DOI (NPS)
Agriculture (USFS)
Other Federal land management agencies may apply for designation |
National Recreational Trails Fund Act of the Intermodal Surface Transportation Efficiency Act of 1991:
16 U.S.C. 1261
(P.L. 102-240) |
|
To establish a program to allocate funds to the States to provide and maintain recreational trail and trail-related projects. |
Trails and trail- related projects which are identified in, or which further a specific goal of, a trail plan included or referenced in a Statewide comprehensive outdoor recreation plan, as required by the Land and Water Conservation Fund Act |
Project-sponsor applies to the State, and FHWA approves spending for project. The State may be a project sponsor. Assured access to funds is given for motorized, non-motorized, and discretionary recreation uses. States shall give preference to projects with diversified uses. |
FHWA |
Rivers and Harbors Act of 1899:
33 U.S.C. 401, et seq., as amended and supplemented. |
23 CFR 650, Subparts D & H
33 CFR 114-115 |
Protection of navigable waters in the U.S. |
Any construction affecting navigable waters and any obstruction, excavation, or filling. |
Must obtain approval of plans for construction, dumping, and dredging permits (Sec. 10) And bridge permits(Sec. 9) |
USCE
USCG
EPA
State agencies. |
Federal Water Pollution Control Act (1972), as amended by the Clean Water Act (1977 & 1987):
33 U.S.C. 1251-1376
(P.L. 92-500)
(P.L. 95-217)
(P.L. 100-4) |
DOT Order 5660.1A
23 CFR 650 Subpart B, 771
33 CFR 209, 320-323, 325, 328, 329 40 CFR 121-125, 129-131, 133, 135-136, 230-231 |
Restore and maintain chemical, physical, and biological integrity of the Nation's waters through prevention, reduction, and elimination of pollution. |
Any discharge of a pollutant into waters of the U.S. |
1. Obtain permit for dredge or fill material from USCE or State agency, as appropriate. (Section 404)
2. Permits for all other discharges are to be acquired from EPA or appropriate State agency (Section 402)
Phase 1-NPDES-Issued for municipal separate storm sewers serving large (over 250,000)populations or medium(over 100,000). Storm water discharges assoc. with industrial waste. Activities including construction sites > 5 acres.
3. Water quality certification is required from State Water Resource Agency. (Section 401)
4. All projects shall be consistent with the State Non-Point Source Pollution Management Program. (Section 319) |
USCE, EPA, designated State Water Quality Control Agency, designated State Non-Point Source Pollution Agency |
| Executive Order 11988:, Floodplain Management, as amended by Executive Order 12148 |
DOT Order 5650.2
23 CFR 650, Subpart A,
23 CFR 771 |
To avoid the long- and short-term adverse impacts associated with the occupancy and modification of floodplains, and to restore and preserve the natural and beneficial values served by floodplains. |
All construction of Federal or Federally-aided buildings, structures, roads, or facilities which encroach upon or affect the base floodplain. |
1. Assessment of floodplain hazards.
2. Specific finding required in final environmental document for significant encroachments. |
FEMA State and local agencies |
National Flood Insurance Act:
(P.L. 90-448)
Flood Disaster Protection Act:
(P.L. 93-234)
42 U.S.C. 4001-4128 |
DOT Order 5650.2
23 CFR 650, Subpart A, 7
23 CFR 771,
44 CFR 59-62, 64-68, 70-71, 75-77 |
A. Identify flood-prone areas and provide insurance.
B. Requires purchase of insurance for buildings in special flood-hazard areas. |
Any Federally assisted acquisition or construction project in an area identified as having special flood hazards. |
Avoid construction in, or design to be consistent with, FEMA-identified flood-hazard areas. |
FEMA
State and local agencies |
Marine Protection Research and Sanctuaries Act of 1972, as amended:
33 U.S.C. 1401-1445
(P.L. 92-532)
(P.L. 93-254)
(P.L. 96-572) |
33 CFR 320, 330
40 CFR 220-225, 227-228, 230-231 |
Regulate dumping of material into U.S. ocean waters |
Any transportation to and dumping into the open sea. |
Apply for permit in accordance with procedures. |
EPA
USCE, if dredge material |
Water Bank Act:
16 U.S.C. 1301-1311
(P.L. 91-559)
(P.L. 96-182) |
7 CFR 752 |
Preserve, restore, and improve wetlands of the nation. |
Any agreements with landowners and operators in important migratory waterfowl nesting and breeding areas. |
Apply procedures established for implementing Executive Order 11990. |
Secretary of Agriculture
Secretary of Interior |
Coastal Zone Management Act of 1972: 16 U.S.C. 145 et seq.
(P.L. 92-583)
(P.L. 94-310)
(P.L. 96-464) |
15 CFR 923, 926, 930
23 CFR 771 |
Preserve, protect, develop, and (where possible) restore and enhance resources of the coastal zone. |
All projects significantly affecting areas under the control of the State Coastal Zone Management Agency for which a plan is approved by the Dept. Of Commerce. |
Ensure that projects comply with Federal consistency regulations, management measures, and the appropriate approved State plan for Coastal Zone Management Programs. |
State Coastal Zone Management Agency and the Dept. of Commerce (OCZM) (NOAA), and EPA |
Coastal Zone Management Act Reauthorization Amendments of 1990:
6217(g) |
23 CFR 650.211 |
Manage non-point source pollution of activities located in coastal zones. |
All developmental activities located in coastal zone areas will be subject to non-point source control measures developed by the State Coastal Zone Agency. |
Ensure projects comply with State CZM Plans for controlling non-point sources. |
State CZM Agency, OCZM (NOAA), EPA |
Coastal Barrier Resources Act, as amended:
16 U.S.C.
3501-3510
42 U.S.C. 4028
(P.L. 97-348)
Great Lakes Coastal Barrier Act of 1988:
(P.L. 100-707) |
13 CFR 116 Subparts D, E
44 CFR 71, 205 Subpart N |
Minimize the loss of human life, wasteful expenditures of Federal revenues, and the damage to fish, wildlife, and other natural resources. |
Any project that may occur within the boundaries of a designated coastal barrier unit. Exemptions for certain actions are possible. |
Coordinate early with the FWS regional director. Consult maps that depict the boundaries of each coastal barrier resources system unit. |
FEMA
DOI (FWS) |
Farmland Protection Policy Act of 1981:
7 U.S.C. 4201-4209
(P.L. 97-98)
(P.L. 99-198) |
7 CFR 658 |
Minimize impacts on farmland and maximize compatibility with state and local farmland programs and policies. |
All projects that take right-of-way in farmland, as defined by the regulation. |
1. Early coordination with the NRCS.
2. Land evaluation and site assessment.
3. Determination of whether or not to proceed with farmland conversion, based on severity of impacts and other environmental considerations. |
NRCS |
Resource Conservation and Recovery Act of 1976 (RCRA), as amended:
42 U.S.C. 6901, et seq.
(P.L. 94-580)
(P.L. 98-616) |
40 CFR 260-271 |
Protect human health and the environment. Prohibit open dumping. Manage solid wastes. Regulate treatment, storage, transportation, and disposal of hazardous waste. |
Any project that takes right-of-way containing a hazardous waste. |
Coordinate with EPA or State agency on remedial action. |
EPA or State agency approved by EPA, if any. |
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended:
42 U.S.C. 9601-9657
(P.L. 96-510)
Superfund Amendments and Reauthorization Act of 1986: (SARA)
(P.L. 99-499) |
40 CFR 300
43 CFR 11 |
Provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites. |
Any project that might take right-of-way containing a hazardous substance. |
1. Avoid hazardous waste sites, if possible.
2. Check EPA lists of hazardous waste sites.
3. Field surveys and reviews of past and present land use.
4. Contact appropriate officials if uncertainty exists.
5. If hazardous waste is present or suspected, coordinate with appropriate officials.
6. If hazardous waste encountered during construction, stop project and develop remedial action. |
EPA or State agency approved by EPA, if any. |
Endangered Species Act of 1973, as amended:
16 U.S.C.1531-1543
(P.L. 93-205)
(P.L. 94-359)
(P.L. 95-632)
(P.L. 96-159)
(P.L. 97-304) |
7 CFR 355
50 CFR 17, 23, 81, 222, 225-227, 402, 424, 450-453 |
Conserve species of fish, wildlife and plants facing extinction. |
Any action that is likely to jeopardize continued existence of such endangered/ threatened species or result in destruction or modification of critical habitat. |
Consult with the Secretary of the Interior or Commerce, as appropriate. |
DOI (FWS)
COMMERCE (NMFS) |
Fish and Wildlife Coordination Act:
16 U.S.C. 661-666(C)
(P.L. 85-624)
(P.L. 89-72)
(P.L. 95-616) |
|
Conservation, maintenance, and management of wildlife resources. |
1. Any project which involves impoundment (surface area of 10 acres or more), diversion, channel deepening, or other modification of a stream or other body of water.
2. Transfer of property by Federal agencies to State agencies for wildlife conservation purposes. |
Coordinate early in project development with FWS and State Fish and Wildlife Agency |
DOI (FWS)
State Fish and Wildlife Agencies |
| Migratory Bird Treaty Act 16 U.S.C. 760c-760g |
|
To protect most common wild birds found in the United States. |
Makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird. Indirect killing of birds by destroying their nests and eggs, is covered by the act, so construction in nesting areas can constitute a taking. |
The FWS is to review and comment on the effects of a proposal that could kill birds, even indirectly. |
DOI (FWS), State Fish and Wildlife Agencies |
Intermodal Surface Transportation Efficiency Act of 1991.
Transportation Enhancement Activities: Sec. 1007
(P.L. 102-240)
23 U.S.C. 101(g); 133(b)(e) |
|
To provide funds for Transportation Enhancement activities, such as landscaping and beautification, rehabilitation and operation of historic transportation facilities. |
Funds are to be used in all areas except roads classified as local or rural minor collectors, unless such roads are on a Federal-Aid highway system |
10% of STP funds annually apportioned to each State are for Transportation Enhancement activities. |
FHWA |
Intermodal Surface Transportation Efficiency Act of 1991 Sec. 1038
Recycled Paving Material:
(P.L. 102-240) |
|
To reduce the use of virgin materials used for paving our nations highways. |
Each State shall certify that it has satisfied the minimum utilization requirement for asphalt pavement containing recycled rubber. |
20% of asphalt funded with Federal-Aid in each State is required to include recycled rubber by 1997. |
FHWA |
Intermodal Surface Transportation Efficiency Act of 1991. Sec. 1047
Scenic Byways Program:
(P.L. 102-240) |
|
To identify and develop those special scenic byways that offer outstanding scenic, historic, natural, cultural, recreational, or archaeological values. |
Any public road or highway which meets the criteria for inclusion as a Scenic Byway or an All-American Road. |
Nominations may originate from any local government, private group or individual, but must come through the States. Final designations are made by the Secretary of Transportation. |
FHWA |
