1. (a) Participating agencies and cooperating agencies. A participating agency is any agency, department, or other unit of federal, state, local, or Indian tribal government, that may have an interest in a project. The district is responsible for inviting and designating participating agencies concerning a project. The environmental division is responsible for inviting and designating participating Indian tribal governments. The district, in consultation with the environmental division, may also designate a participating agency as a cooperating agency under 40 Code of Federal Regulations Part 1501. For a federal-aid project, the FHWA shall designate the participating agencies and cooperating agencies.

2. (b) District. Unless otherwise provided in Subchapter B of this chapter (relating to Memoranda of Understanding with Natural Resource Agencies), the district responsible for a project shall perform the following coordination activities:

   1. (1) initiate a cooperative development process with local governmental entities in order to assist in the planning of projects;
   2. (2) initiate early coordination with federal and state agencies, and maintain open lines of communication with local or area offices of applicable agencies;
   3. (3) continue coordination with federal and state agencies throughout project planning; every reasonable effort shall be made to resolve interagency disagreements;
   4. (4) seek input from each affected local community on the aesthetic character of a proposed project, other than transportation projects that involve rehabilitation or resurfacing of a bridge or highway;
   5. (5) for an EIS project, make information available to participating agencies and cooperating agencies as early as practicable when preparing environmental studies regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration;
   6. (6) for an EIS project, develop a coordination plan under §2.5 of this subchapter (relating to Public Involvement) and, if one has been prepared, send a schedule for the completion of the environmental review process prepared under §2.5 of this subchapter to local or area offices of applicable agencies, and make it available to the public.

3. (c) Environmental division. The environmental division shall perform the coordination activities described in this subsection.

   1. (1) Continue coordination with federal and state agencies throughout project planning. Every reasonable effort shall be made to resolve interagency disagreements.
   2. (2) Conduct the environmental processing of a project, including any additional interagency contact, coordination, consultation, evaluation, and final approvals.
   3. (3) Provide project data and analyses to applicable agencies, including coordination of environmental studies and mitigation proposals with the Texas Commission on Environmental Quality, the Texas Historical Commission, and the Texas Parks and Wildlife Department. The environmental division shall provide project data and analyses no later than 30 days prior to the date the environmental division approves an environmental document. That deadline does not apply if coordination is provided to applicable agencies under memoranda of understanding developed under Transportation Code, §201.607, and Subchapter B of this chapter.

4. (d) Texas Review and Comment System (TRACS).

   1. (1) The department shall comply with 1 TAC Chapter 5, Subchapter B, concerning state and local review of federal and state assistance applications.

   2. (2) The department shall initiate coordination under TRACS with appropriate regional review agencies (RRA). Types of projects that are exempt from RRA review include those that do not:

      1. (A) require additional right of way;
      2. (B) change the layout or function of connecting roads or streets or of the facility being improved;
      3. (C) adversely affect abutting real property; or
      4. (D) otherwise have a substantial social, economic, or environmental impact.
   3. (3) The TRACS procedures shall supplement the department's traditional policy of direct coordination with other agencies and local governmental entities.

Source Note:The provisions of this §2.4 adopted to be effective January 4, 2007, 31 TexReg 10817.