1. (a) Environmental studies for transportation projects that utilize federal funds will be accomplished in accordance with applicable state and federal requirements and, in particular, 23 Code of Federal Regulations Part 771.

2. (b) For transportation projects planned and developed by other governmental entities or by private entities that may utilize federal funds, the developing entity must initiate the process by writing to the department for a determination of the respective roles and responsibilities of the entity and the department under this section. Unless the department determines that project-specific considerations warrant changes to roles and responsibilities, the governmental or private entity shall obtain the department's concurrence that the following activities were properly conducted under this section:

   1. (1) preparation and completion of environmental studies;
   2. (2) submission of appropriate documentation (categorical exclusion, environmental assessment, and environmental impact statement, including reevaluation, and supplemental documentation) for departmental and Federal Highway Administration review;
   3. (3) preparation of any document revisions;
   4. (4) submission to the department of copies of the environmental studies and documentation adequate for distribution;
   5. (5) preparation of legal and public notices in accordance with §2.43(c) of this subchapter for department and Federal Highway Administration review and use;
   6. (6) arrangements for appropriate public involvement, including court reporters and accommodations for persons with special communication or physical needs related to the public hearing if requested;
   7. (7) preparation of public meeting and hearing materials;
   8. (8) preparation of any necessary responses to comments;
   9. (9) preparation of the public meeting and public hearing summary and analysis, and the comment and response reports, and a signed certification that a hearing has been held in accordance with §2.43 of this subchapter, the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987; and
   10. (10) submission to the department of documentation showing that all EPIC have been or will be completed, including copies of permits or other approvals required prior to construction.
3. (c) The Federal Highway Administration will issue all final environmental approvals for Categorical Exclusions (CE), approvals for further processing for Environmental Assessments (EA), approvals for the circulation of Draft Environmental Impact Statements (DEIS) and publication of Final Environmental Impact Statement (FEIS), findings of no significant impacts (FONSI), records of decision (ROD), Supplemental Environmental Impact Statements, and Reevaluations, except for approvals under the Categorical Exclusion Programmatic Agreement executed between the Federal Highway Administration (FHWA) and the department. If projects meet the criteria as blanket CEs or Programmatic CEs under that agreement those projects are deemed approved by FHWA and therefore require no formal FHWA action.
4. (d) The Federal Highway Administration will publish notices of intent and notices of availability in the Federal Register. The department will publish records of decision in the Texas Register.
5. (e) Public involvement for transportation projects that utilize federal funds will be consistent with applicable state and federal law, including §2.43(c) of this subchapter.
6. (f) Aviation projects that utilize federal aviation funds will be accomplished in accordance with Federal Aviation Administration (FAA) procedures established to comply with 42 United States Code §§4321 et seq.
7. (g) Public transportation projects that utilize federal transit or federal highway funds will be accomplished in accordance with applicable state and federal requirements and, in particular, 23 Code of Federal Regulations Part 771.

Source Note:The provisions of this §2.42 adopted to be effective December 9, 2004, 29 TexReg 11371.