Unless specifically defined differently within this subchapter, the following terms and acronyms, used in this subchapter, mean:

1. (1) Affected community--A community where the proposed project is expected to result in environmental impacts or potential human health or environmental effects including minority communities, low-income communities or federally-recognized Indian tribal communities.
2. (2) Avoidance--Avoiding the impact altogether by not taking a certain action or parts of an action during project implementation.
3. (3) NEPA--The Federal National Environmental Policy Act, 42 U.S.C. 4321 et seq.
4. (4) Indian tribes--Federally recognized Indian tribes.
5. (5) Minimization--Minimizing impacts by limiting the degree or magnitude of the action during project implementation.

6. (6) Mitigation--

   1. (A) avoiding;
   2. (B) minimizing;
   3. (C) rectifying an impact by repairing, rehabilitating, or restoring the affected environment;
   4. (D) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project; and
   5. (E) compensating for the impact by replacing or providing substitute resources or environments.

7. (7) Emergency Relief Project--Infrastructure construction project which provides relief to an entity experiencing an emergency condition or incident that causes an imminent peril to public health, safety, environment, or welfare, such as:

   1. (A) the failure or destruction of public water supply pipelines, transmission or distribution systems;
   2. (B) the threat of or actual contamination of a public water supply;
   3. (C) sustained or permanent service disruption of a source water or water treatment system;
   4. (D) the reduction of public water supplies to critical levels by drought or other natural cause(s); or
   5. (E) any other emergency condition as described in an IUP.

Source Note:The provisions of this §371.40 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602.