Mitigation of Impacts to Wetlands

1996PDFTech ReportRIN 2125-AD78Federal aidWetlandsEnvironmental impactsRegulationsAmendmentsFederal governmentState departments of transportationEligibilityFederal Highway Administration (FHWA)Highway projects/programsIntermodal transportationUnited StatesUnited States. Federal Highway AdministrationUnited States. Federal Highway AdministrationUS Transportation CollectionIn accordance with the President's Regulatory Reinvention Initiative, the FHWA proposes to amend its regulation outlining the procedures to be followed in mitigating the impacts of Federal-aid highway projects and programs to wetlands. The current regulation has become outdated as a result of advances in the science of wetland management and the amendments made by sections 1006(d) and 1007(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat.1914) to the statutory provisions of title 23, United States Code (U.S.C.). The ISTEA amendments significantly alter the range and timing of alternatives eligible for Federal-aid participation for mitigation of wetland impacts due to Federal-aid highway projects. Accordingly, this proposal would revise the current regulation to conform to the ISTEA amendments, thereby providing more flexibility to State highway agencies in determining eligibility of mitigation alternatives for Federal participation. This proposal would broaden the scope of the current regulation to encompass all wetlands mitigation projects eligible for Federal participation, not just those involving privately owned wetlands.85