23 CFR 771.129 - Re-evaluations

Cite as23 CFR 771.129
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64 practice notes
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...agencies, such as the [[Page 1701]] Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec. 1......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...several Federal agencies, such as the Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec.......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...granted" when, as in this case, major steps to advance the project have not occurred within three years after completion of the FEIS. 23 C.F.R. § 771.129(b). The purpose of the re-evaluation is to determine whether a SEIS is needed for the project. See S. Trenton Residents Against 29 v. Fed......
  • Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 29, 2012
    ...Road north of the intersection because of VDOT's advertisement. Moreover, in the FONSI, the FHWA acknowledges that, pursuant to 23 C.F.R. § 771.129(c), it will have to conduct a reevaluation prior to granting certain requisite approvals (for example, the authority to use federal funds to ac......
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44 cases
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...granted" when, as in this case, major steps to advance the project have not occurred within three years after completion of the FEIS. 23 C.F.R. § 771.129(b). The purpose of the re-evaluation is to determine whether a SEIS is needed for the project. See S. Trenton Residents Against 29 v. Fed......
  • Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 29, 2012
    ...Road north of the intersection because of VDOT's advertisement. Moreover, in the FONSI, the FHWA acknowledges that, pursuant to 23 C.F.R. § 771.129(c), it will have to conduct a reevaluation prior to granting certain requisite approvals (for example, the authority to use federal funds to ac......
  • Jersey Heights Neighborhood Ass'n v. Glendening, No. 98-1804
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 5, 1999
    ...be reevaluated "if major steps to advance the action ... have not occurred within three years after the approval of the final EIS." 23 C.F.R. § 771.129. If a new circumstance "present[s] a seriously different picture of the environmental impact of the proposed project from what was previous......
  • Cutonilli v. Fed. Transit Admin., Civil Action No. ELH-13-2373
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • March 30, 2015
    ...meetings in the summer of 2012 to present the latest information on the project, including refinements to the LPA. In accordance with 23 CFR 771.129(a), the MTA prepared a reevaluation because more than 3 years had passed since publication of the AA/DEIS. The reevaluation compared the Prefe......
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1 firm's commentaries
19 provisions
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...agencies, such as the [[Page 1701]] Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec. 1......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...several Federal agencies, such as the Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec.......
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register January 13, 2014
    • January 13, 2014
    ...in the law. Re-Evaluation Four commenters commented on the Agencies' statement in the NPRM that re-evaluations could be triggered under 23 CFR 771.129 if, after the limited Federal assistance CE was used, there was a change to the project that raised the level of Federal funding beyond the ......
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register February 28, 2013
    • February 28, 2013
    ...action to be taken, that raises the level of Federal funding beyond the thresholds specified in the CEs will trigger re-evaluation under 23 CFR 771.129 and possible preparation of additional NEPA documentation. Section 771.129(c) requires the ``applicant,'' as defined in 23 CFR 771.107(f), ......
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