Compliance Guide for a Proposed Highway Project to Meet National Environment Protection Act Requirements
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VIEW THE REPLYPublication: Journal of Professional Issues in Engineering Education and Practice
Volume 134, Issue 1
Abstract
The National Environmental Protection Act (NEPA) requires that, prior to construction of a highway, the head of the federal agency that is committing funds to the project must evaluate the effect of the project on the human environment; the effect of the project on the habitat of an endangered species, which implicates provisions of the Endangered Species Act, the effect of the project on any historic properties in the vicinity of the project, which implicates provisions of the National Historic Preservation Act, and the effect of the project on minority or low-income populations, called environmental justice, which implicates Title VI of the Civil Rights Act of 1964. In this paper, we provide an example guide for transportation planners to follow as they comply with NEPA and the related acts in the beginning planning stages for a highway project.
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References
Administrative Procedure Act (APA), 5 U.S.C. Section 706(2)(A) (1966).
Civil Rights Act of 1964 (Title VI), 42 U.S.C. Section 2000d (1964).
Council on Environment Quality Regulations (Council Environ. Quality Regs. 2005), 40 C.F.R. Sections 1500–1508 (2005).
Endangered Species Act (ESA), 16 U.S.C. Section 1531-40 (1973).
Federal Highway Administration Regulations (Fed. HighWay Admin. Regs. 2005), 23 C.F.R. Section 771 (2005).
Indiana Forest Alliance, Inc. v. U.S. Forest Service, 325 F.3d 851 (7th Cir. 2003).
Kleppe v. Sierra Club 427 U.S. 390 (1976).
Marsh v. Oregon Natural Res. Council, 490 U.S. 360 (1989).
National Environmental Protection Act (NEPA), 42 U.S.C. Section 4332 (1973).
National Historical Preservation Act (NHPA), 16 U.S.C. Section 470-470x (1966).
Sabine River Auth. v. U.S. Dep’t of Interior, 951 F.2d 669 (5th Cir. 1992).
Information & Authors
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Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 134 • Issue 1 • January 2008
Pages: 112 - 115
Copyright
© 2008 ASCE.
History
Received: Jun 9, 2006
Accepted: Dec 14, 2006
Published online: Jan 1, 2008
Published in print: Jan 2008
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