23 USC 169 – Development of programmatic mitigation plans
(a)
Terms Used In 23 USC 169
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(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)