2012 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 169 - Development of programmatic mitigation plans
Publication Title | United States Code, 2012 Edition, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 169 - Development of programmatic mitigation plans |
Contains | section 169 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 112-141, div. A, title I, §1311(a), July 6, 2012, 126 Stat. 543. |
Statutes at Large References | 83 Stat. 852 126 Stat. 543 |
Public Law References | Public Law 91-190, Public Law 112-141 |
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(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1) an assessment of the condition of environmental resources in the geographic area covered by the plan, including an assessment of recent trends and any potential threats to those resources;
(2) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects;
(3) standard measures for mitigating certain types of impacts;
(4) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
(5) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and
(6) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources.
(d)
(1) consult with each agency with jurisdiction over the environmental resources considered in the programmatic mitigation plan;
(2) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public;
(3) consider any comments received from such agencies and the public on the draft plan; and
(4) address such comments in the final plan.
(e)
(f)
(g)
(Added Pub. L. 112–141, div. A, title I, §1311(a), July 6, 2012, 126 Stat. 543.)
References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (f) and (g), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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