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Mitigation of Impacts to Wetlands and Natural Habitat

Final rule.

This document revises the rule concerning the eligibility for Federal-aid transportation funding of activities to mitigate impacts to wetlands and natural habitats due to highway projects funded pursuant to provisions of title 23, U.S. Code. It updates the FHWA's wetlands regulation to conform with wetland and natural habitat mitigation provisions contained in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21), which allow increased flexibility for Federal funding participation under title 23, U.S. Code, in mitigation measures for impacts of federally funded highway projects to wetlands and natural habitats

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