The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

1. (1) Affected local government--The governing body of a county or municipality in which a project is located.
2. (2) BCE (Blanket categorical exclusion)--Is covered by §2.82 of this chapter (relating to Blanket and Programmatic Categorical Exclusions).
3. (3) Best management practices--Practices that are determined to be the most efficient, practical, and cost effective measures to guide a particular activity or address a particular problem.
4. (4) CE (Categorical Exclusion)--Is covered by §2.81 of this chapter (relating to Categorical Exclusions).
5. (5) CE/BCE/PCE documentation--An environmental issues checklist showing that a transportation project qualifies as a categorical exclusion (CE), a blanket categorical exclusion (BCE), or a programmatic categorical exclusion (PCE).
6. (6) Commission--The Texas Transportation Commission.
7. (7) DEIS (Draft Environmental Impact Statement)--Is covered by §2.84 of this chapter (relating to Environmental Impact Statements).
8. (8) Department--The Texas Department of Transportation.
9. (9) Disposal plan--An operationally suitable method for the placement of dredged material that avoids or minimizes adverse environmental impacts.
10. (10) District--One of the 25 geographical districts into which the department is divided.
11. (11) Division--One of the department's divisions listed on the department's organizational chart.
12. (12) EA (Environmental Assessment)--Is covered by §2.83 of this chapter (relating to Environmental Assessments).
13. (13) EIS (Environmental Impact Statement)--Is covered by §2.84 of this chapter.
14. (14) Environmental Affairs Division--The Environmental Affairs Division of the department, or its successor organizational unit within the department.
15. (15) Environmental report--A report, form, checklist, or other documentation analyzing an environmental issue in the context of a specific transportation project or presenting a thorough summary of an environmental study conducted in support of an environmental review document, or demonstrating compliance with a specific environmental requirement. The term does not include a permit or other approval outside the scope of the environmental review process.
16. (16) Environmental review document--An environmental assessment, an environmental impact statement, a reevaluation, a supplemental environmental impact statement, or, for an FHWA transportation project, a document prepared to demonstrate that it qualifies as a categorical exclusion when FHWA requires a narrative document as opposed to a checklist. An environmental review document includes any attached environmental reports.
17. (17) Environmental studies--The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of an environmental review document or CE/BCE/PCE documentation. The term includes studies conducted during transportation planning and project development, and studies conducted to evaluate alternatives.
18. (18) EPICs (Environmental permits, issues, and commitments)--Any permit, issue, coordination commitment, or mitigation obligation necessary to address, offset, or compensate for social, economic, or environmental impacts of a project, including sole source aquifer coordination, wetland permits, stormwater permits, traffic noise abatement, threatened or endangered species coordination, or archeological permits, and any mitigation or other commitment associated with the project.
19. (19) Essential fish habitat--Waters and substrate designated as essential fish habitat by a Regional Fishery Management Council established under the Federal Magnuson-Stevens Fishery Conservation and Management Act.
20. (20) FEIS (Final Environmental Impact Statement)--Is covered by §2.84 of this chapter.
21. (21) FHWA--The United States Department of Transportation Federal Highway Administration.
22. (22) FHWA transportation project--A transportation project for which FHWA's approval is required by law to comply with NEPA, FHWA is the lead federal agency, and FHWA agrees the department may act as the joint lead agency under 23 Code of Federal Regulations §771.109.
23. (23) FONSI (Finding of No Significant Impact)--Is covered by §2.83 of this chapter.

24. (24) Highway project--A project that is:

    1. (A) for the construction or maintenance of a highway on the state highway system; or
    2. (B) for the construction or maintenance of a highway not on the state highway system but that is funded wholly or partly with federal money.
25. (25) Human environment--The natural and physical environment, and the relationship of people with that environment.
26. (26) MAPO (Meeting with Affected Property Owners)--Is covered by §2.106 of this chapter (relating to Meeting with Affected Property Owners (MAPO)).
27. (27) NEPA--The National Environmental Policy Act, codified at 42 United States Code §§4321, et seq.
28. (28) NOI (Notice of Intent)--Is covered by §2.103 of this chapter (relating to Public Participation for an Environmental Impact Statement or Supplemental Environmental Impact Statement).
29. (29) PCE (Programmatic categorical exclusion)--Is covered by §2.82 of this chapter.
30. (30) Purpose and need--The transportation issue that a proposed project seeks to address and the justification for the expenditure of public funds.
31. (31) Region--One of the department's four regional support centers.
32. (32) ROD (Record of Decision)--Is covered by §2.84 of this chapter.
33. (33) SEIS (Supplemental Environmental Impact Statement)--Is covered by §2.86 of this chapter (relating to Supplemental Environmental Impact Statements).
34. (34) Significantly--As used in reference to the significance of the impact of a project, has the meaning as that term is used and has been interpreted under NEPA and its related regulations, including 40 Code of Federal Regulations §1508.27.
35. (35) State highway system--The system of highways designated by the commission under Transportation Code, §203.002.
36. (36) State transportation project--A transportation project that is not a major federal action for the purpose of NEPA.
37. (37) Toll project--Has the meaning assigned by Transportation Code, §201.001.
38. (38) Transportation enhancement--An activity that is listed under 23 United States Code §101(a)(35), relates to a transportation project, and is eligible for federal funding under 23 United States Code §133.
39. (39) Transportation project--A project to construct, maintain or improve a highway, rest area, toll facility, aviation facility, public transportation facility, rail facility, ferry, or ferry landing. A transportation enhancement is also a transportation project.

Source Note:The provisions of this §2.5 adopted to be effective April 16, 2012, 37 TexReg 1727.