1. (a) Adoption of previous determination. The executive administrator may adopt previous environmental determinations issued by the EPA and other federal agencies whose determinations were produced through procedures in compliance with the NEPA. The executive administrator must re-evaluate the proposed financial assistance application as well as environmental conditions and public comment to determine whether to conduct a supplemental environmental review of the action and complete an appropriate document in compliance with the NEPA, or to reaffirm the original determination.
2. (b) Previously required avoidance, minimization, or mitigation measures. Any and all avoidance, minimization, or mitigation measures specified in the previous determinations shall be applied as conditions of the commitment and closing for financial assistance documents and shall be consistent with the requirements of this subchapter.
3. (c) Method of adoption of previous determination. The executive administrator will adopt the previous determination by means of a statement of findings when the proposed project and its previous determination will be adopted without substantial modifications. The executive administrator may also adopt the previous determination in a FONSI detailing the modifications to the proposed project, the potential environmental impacts identified during an environmental review, and any avoidance, minimization, or mitigation measures proposed in addition to those included in the federal environmental determination.

4. (d) Validity of previous environmental determinations and re-evaluation. Another entity's environmental determination shall be re-evaluated if it was issued five years or more prior to the executive administrator's environmental review and if:

   1. (1) the proposed project has not yet been implemented;
   2. (2) there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns; and
   3. (3) there are significant new circumstances or information relevant to environmental impacts of the proposed action.
5. (e) Dissemination of information about mitigation measures. The executive administrator issues a statement of findings describing the outcome of the mitigation measure proposed in an environmental determination to interested agencies and public groups.

Source Note:The provisions of this §371.50 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336.