Notice2025-11351
Renewal Package From the State of Texas to the Surface Transportation Project Delivery Program and Proposed Second Renewed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State
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Published
June 20, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces that FHWA received an amended renewal package from the Texas Department of Transportation (TxDOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows for FHWA to assign, and States to assume, responsibilities under the National Environmental Policy Act (NEPA), and all or part of FHWA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal highway projects within the State.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Notices]
[Pages 26403-26405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11351]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2019-0013]
Renewal Package From the State of Texas to the Surface
Transportation Project Delivery Program and Proposed Second Renewed
Memorandum of Understanding (MOU) Assigning Environmental
Responsibilities to the State
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice of amended MOU and request for comments.
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SUMMARY: This notice announces that FHWA received an amended renewal
package from the Texas Department of Transportation (TxDOT) requesting
participation in the Surface Transportation Project Delivery Program
(Program). This Program allows for FHWA to assign, and States to
assume, responsibilities under the National Environmental Policy Act
(NEPA), and all or part of FHWA's responsibilities for environmental
review, consultation, or other actions required under any Federal
environmental law with respect to one or more Federal highway projects
within the State.
DATES: Please submit comments by July 7, 2025.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the
[[Page 26404]]
online instructions for submitting comments.
<bullet> Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building, Ground Floor
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Ave. SE, Washington, DC 20590 between 9:00 a.m. and
5:00 p.m. e.t., Monday through Friday, except Federal holidays.
Instructions: You must include the agency name and docket number at
the beginning of your comments. All comments received will be posted
without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: For FHWA: Edward Ofori by email at
<a href="/cdn-cgi/l/email-protection#692c0d1e081b0d47260f061b00290d061d470e061f"><span class="__cf_email__" data-cfemail="7732130016051359381118051e3713180359101801">[email protected]</span></a>, by telephone at 804-775-3333. The FHWA Texas
Division Office's normal business hours are 8 a.m. to 4:30 p.m.
(Central Time), Monday-Friday, except for Federal holidays. For the
State of Texas: Doug Booher by email at <a href="/cdn-cgi/l/email-protection#e8ac879d8fc6aa8787808d9aa89c908c879cc68f879e"><span class="__cf_email__" data-cfemail="43072c36246d012c2c2b263103373b272c376d242c35">[email protected]</span></a> or by
telephone at 512-466-7435. State business hours are the same as above
although State holidays may not completely coincide with Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may submit or retrieve comments online through the Federal
eRulemaking portal at: <a href="http://www.regulations.gov">www.regulations.gov</a>. The website is available 24
hours each day, 365 days each year. Please follow the instructions.
Electronic submission and retrieval help and guidelines are available
under the help section of the website.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: <a href="http://www.federalregister.gov">www.federalregister.gov</a>
and the U.S. Government Publishing Office's web page at:
<a href="http://www.govinfo.gov">www.govinfo.gov</a>.
Background
Section 327 of title 23, United States Code (23 U.S.C. 327), allows
the Secretary of DOT to assign, and a State to assume, the
responsibilities under the NEPA of 1969 (42 U.S.C. 4321 et seq.) and
all or part of the responsibilities for environmental review,
consultation, or other actions required under certain Federal
environmental laws with respect to one or more Federal-aid highway
projects within the State. The FHWA is authorized to act on behalf of
the Secretary with respect to these matters.
The TxDOT entered the Program on December 16, 2014, after
submitting its application to FHWA, obtaining FHWA's approval, and
entering into a MOU in accordance with 23 U.S.C. 327 and FHWA's
application regulations for the pilot program (23 CFR part 773). On
December 1, 2023, after coordination with FHWA, TxDOT submitted the
renewal package in accordance with the renewal regulations in 23 CFR
773.115. The original renewal package was posted to the Federal
Register on November 7, 2024. Since then, FHWA and TxDOT revised the
draft renewal MOU outlining how the State will implement the Program
with FHWA oversight. The revisions in the draft renewal MOU were in
response to discussions with TxDOT and to ensure alignment with
Administration policies. The public is invited to comment on TxDOT's
request, including its amended renewal package and the revised renewal
MOU, which includes the proposed assignments and assumptions of
environmental review, consultation, and other activities.
Under the proposed renewal MOU, FHWA would assign to the State,
through TxDOT, the responsibility for making decisions on the following
types of highway projects:
1. All Class I, or environmental impact statement projects, both on
the State highway system (SHS) and local government projects off the
SHS that are funded by FHWA or require FHWA approvals.
2. All Class II, or categorically excluded projects, both on the
SHS and local government projects off the SHS that are funded by FHWA
or require FHWA approvals.
3. All Class III, or environmental assessment projects, both on the
SHS and local government projects off the SHS that are funded by FHWA
or require FHWA approvals.
4. Projects funded by other Federal agencies (or projects without
any Federal funding) of any Class that also include funding by FHWA or
require FHWA approvals. For these projects, TxDOT would not assume the
NEPA responsibilities of other Federal agencies.
Excluded from assignment are highway projects authorized under 23
U.S.C. 202 and 203, highway projects under 23 U.S.C. 204 unless the
project will be designed and constructed by TxDOT, projects that cross
State boundaries, and projects that cross or are adjacent to
international boundaries.
The assignment also would give TxDOT the responsibility to conduct
the following environmental review, consultation, and other related
activities:
Air Quality
<bullet> Clean Air Act (CAA), 42 U.S.C. 7401-7671q, with the exception
of any conformity determinations
Noise
<bullet> Noise Control Act of 1972, 42 U.S.C. 4901-4918
<bullet> Compliance with the noise regulations in 23 CFR part 772
Wildlife
<bullet> Endangered Species Act of 1973, 16 U.S.C. 1531-1544
<bullet> Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
<bullet> Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
<bullet> Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
<bullet> Migratory Bird Treaty Act, 16 U.S.C. 703-712
<bullet> Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801-1891d et seq., with Essential Fish
Habitat requirements at 16 U.S.C. 1855(b)(1)(B)
Historic and Cultural Resources
<bullet> National Historic Preservation Act of 1966, as amended, 54
U.S.C. 300101, et seq.
<bullet> Archeological Resources Protection Act, 16 U.S.C. 470aa-mm
<bullet> Archeological and Historic Preservation Act of 1966, as
amended, 54 U.S.C. 312501-312508
<bullet> Native American Grave Protection and Repatriation Act, 25
U.S.C. 3001-3013; 18 U.S.C. 1170
Social and Economic Impacts
<bullet> American Indian Religious Freedom Act, 42 U.S.C. 1996
<bullet> Farmland Protection Policy Act, 7 U.S.C. 4201-4209
Water Resources and Wetlands
<bullet> Clean Water Act, 33 U.S.C. 1251-1387 (Section 401, 402, 404,
408, and Section 319)
<bullet> Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
<bullet> Coastal Zone Management Act, 16 U.S.C. 1451-1466
<bullet> Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
<bullet> General Bridge Act of 1946, 33 U.S.C. 525-533
<bullet> Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
<bullet> Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
<bullet> Emergency Wetlands Resources Act, 16 U.S.C. 3921
<bullet> Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)
<bullet> Flood Disaster Protection Act, 42 U.S.C. 4001-4130
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Parklands and Other Special Land Uses
<bullet> Section 4(f), 23 U.S.C. 138 and 49 U.S.C. 303
<bullet> FHWA/FTA Section 4(f) Regulations at 23 CFR 774
<bullet> Land and Water Conservation Fund Act, 54 U.S.C. 200302-
20031016
FHWA-Specific
<bullet> Planning and Environmental Linkages, 23 U.S.C. 168, with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135.
<bullet> Programmatic Mitigation Plans, 23 U.S.C. 169 with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135
The amended renewal MOU would allow TxDOT to continue to act in the
place of FHWA in carrying out the environmental review-related
functions described above, except with respect to government-to-
government consultations with federally recognized Indian Tribes. The
FHWA will retain responsibility for conducting formal government-to-
government consultation with federally recognized Indian Tribes, which
is required under some of the listed laws and executive orders. The
TxDOT will continue to handle routine consultations with the Tribes and
understands that a Tribe has the right to direct consultation with FHWA
upon request. The TxDOT also may assist FHWA with formal consultations,
with consent of a Tribe, but FHWA remains responsible for the
consultation. The FHWA and TxDOT have received requests for formal
consultations with several Tribes regarding the proposed renewal of the
MOU and currently are engaged in ongoing consultations. The TxDOT also
will not assume FHWA's responsibilities for conformity determinations
required under Section 176 of the CAA (42 U.S.C. 7506) or any
responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303 or
5304.
The revised renewal MOU content reflects TxDOT's desire to continue
its participation in the Program without any changes (that is, no new
responsibilities were requested). The FHWA and TxDOT have agreed to
modify some of the provisions in the MOU to better align the language
with the statute, regulations, and executive orders. Such provisions
include duties with respect to the development and reporting of
performance measures, self-assessments, commitments with respect to
staff training and maintaining sufficient financial and personnel
resources to implement the Secretary's NEPA responsibilities.
A copy of the revised renewal MOU and amended renewal package may
be viewed on the docket at <a href="http://www.regulations.gov">www.regulations.gov</a>, as described above, or
may be obtained by contacting FHWA or the State at the addresses
provided above. A copy also may be viewed on TxDOT's website at:
<a href="https://www.txdot.gov/inside-txdot/division/environmental/nepa-assignment.html">https://www.txdot.gov/inside-txdot/division/environmental/nepa-assignment.html</a>. The FHWA Texas Division, in consultation with FHWA
Headquarters, will consider the comments submitted when making its
decision on the proposed MOU revision. Any final renewal MOU approved
by FHWA may include changes based on substantive comments and
consultations relating to the revised renewal MOU.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.)
Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 40
CFR 1507.3, 1508.4.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
[FR Doc. 2025-11351 Filed 6-18-25; 8:45 am]
BILLING CODE 4910-22-P
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