Authority of State Departments of Transportation to Mitigate the Environmental Impact of Transportation Projects

State highway department and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report is a new paper which continues NCHRP's policy of keeping departments up to date on laws that will affect their operations. This paper will be published in a future addendum to Selected Studies in Highway Law. The contents are as follows: Introduction; The Evolution of Project Mitigation; Statutory of Mitigation Programs (Floodplains; Wetlands; Farmlands; Threatened and Endangered Species; Parklands and Refuges; Historic and Archaeological Sites; Noise; Scenic Preservation and Enhancement; Nature Preserves); Recurring Mitigation Issues (Funding Constraints; Use of Eminent Domain; Transfer of Mitigation Properties); Summary; and Appendix.