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. as amended.
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.

Source Note:The provisions of this §371.40 adopted to be effective August 4, 2010, 35 TexReg 6680.