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Planning, Environment, & Real Estate
Legislation, Regulations, & Guidance
DOT Dockets and Regulations
Legislation
Fixing America's Surface Transportation Act (Fast Act)
Moving Ahead for Progress in the 21st Century Act (MAP-21)
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.
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Superseded Planning, Environment, & Real Estate Guidance
Legislation
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
For Other Legislation, See the Library of Congress
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
Eligibility of Membership Dues for FHWA/FTA Planning Funds
- October 8, 2002
Part 450, Planning Assistance and Standards
Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning; Final Rule (effective 6/27/2016)
(or
PDF
, 730KB); May 27, 2016, 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
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
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
FHWA Monitoring Reviews of SAFETEA-LU Section 6004 Categorical Exclusion Assignments
SAFETEA-LU Sec. 6004: Information: Guidance on the State Assumption of Responsibility for Categorical Exclusions (CE)
; September 2013
SAFETEA-LU Sec. 6004: California Department of Transportation Categorical Exclusion Delegation
;
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
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
Projects that may be grouped in the STIP/TIP (23 CFR 450.216(h) and 450.326(h))
Census
Clarifying Fiscal Constraint Guidance
May 15, 2017
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
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
Flexibilities in Fiscal Constraint of Statewide Transportation Improvement Program (STIP) and Transportation Improvement Program (TIP)
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
Highway Functional Classification Concepts, Criteria and Procedures
(2013)
Headquarters Agreement on Transportation Planning Program Coordination
Induced Travel
INFORMATION: Metropolitan Planning Funding Eligibility Reminder
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
Performance Based Planning and Programming Guidebook
; September 2013
Planning and Environmental Linkages – Questions and Answers
November 2016
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 Sec. 6001: Transportation Planning
Statewide Transportation Planning; Metropolitan Transportation Planning; Final Rule (effective 3/16/07)
(or
PDF
, 395KB); February 14, 2007, Federal Register
Section 1437 - Border State Infrastructure Q&As
Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning
, May 27, 2016 Final Planning Rule
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 Development and Implementation of Asset Management Plans and Performance Based Management Cost
(or
PDF
681KB)
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
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
Equity Act: A Legacy for Users (SAFETEA-LU)
; January 24, 2008
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)
Presidential Executive Orders
Superseded Planning, Environment, & Real Estate Guidance
Superseded Planning, Environment, & Real Estate Guidance
Updated: 8/7/2020
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