(1) This section applies to a transportation project
that is classified by the department delegate as a CE, EA, or EIS.
(2) This section applies to a transportation project
that is a state transportation project or an FHWA transportation project,
except that subsection (c) of this section applies only if the project
is an FHWA transportation project.
(b) Purpose and content.
(1) A documented reevaluation of a DEIS, which may
be in the form of a checklist, will be prepared by the project sponsor
in cooperation with the department delegate if an acceptable FEIS
is not submitted to the department delegate within three years after
the date that the DEIS is circulated. The purpose of this reevaluation
is to determine whether or not a supplement to the DEIS or a new DEIS
(2) A documented reevaluation of a FEIS, which may
be in the form of a checklist, will be required before further approvals
may be granted if major steps to advance the project, such as authority
to undertake final design, authority to acquire a significant portion
of the right-of-way, or approval of the plans, specifications, and
estimates, have not occurred within three years after the date of
the approval of the FEIS, FEIS supplement, or the last major department
approval or grant.
(3) A consultation reevaluation will be required after
approval of a ROD, FONSI, or CE designation if changed circumstances
could affect the continued validity of the ROD, FONSI, or CE designation.
When a consultation reevaluation is required, the project sponsor
will consult with the department delegate before requesting any major
approvals or grants from the department to establish whether or not
the approved environmental document or CE designation remains valid
for the project. The project sponsor will record the consultation
reevaluation in the project file. If, as a result of consultation,
the department delegate determines that a documented reevaluation
is appropriate, the project sponsor shall prepare a documented reevaluation,
which may be in the form of a checklist.
(c) FHWA transportation project. For an FHWA transportation
project, in addition to subsections (a) and (b) of this section, the
department delegate and project sponsor must comply with any federal
laws, including FHWA's rules, applicable to the processing of the
reevaluation. If federal law, including FHWA's rules, conflicts with
this chapter, federal law controls to the extent of the conflict.
At the conclusion of technical review, the department delegate will
forward the environmental review document and any other relevant documentation
to FHWA with an appropriate recommendation.
|Source Note: The provisions of this §2.85 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987