1. (a) Applicable requirements. For an FHWA transportation project, the department delegate and project sponsor will comply with FHWA's rules concerning the environmental review of the project, as appropriate, in addition to the requirements of this chapter. To the extent there is a conflict between FHWA's rules and the requirements of this chapter, FHWA's rules will control. Project sponsors should consider FHWA's rule requirements at the outset of the environmental review process if there is any possibility that FHWA approval of the project will later be required.

2. (b) Issuance of approval; delegation of authority.

   1. (1) For an FHWA transportation project, the entity with the authority to issue final approval of an environmental review document, or make a final determination that a project qualifies as a CE, BCE, or PCE, is FHWA.
   2. (2) Notwithstanding paragraph (1) of this subsection, the department delegate may, if provided by a programmatic agreement with FHWA, consider certain projects satisfying criteria specified in that programmatic agreement as deemed approved by FHWA.

Source Note:The provisions of this §2.6 adopted to be effective April 16, 2012, 37 TexReg 1727.