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RULE §2.85 Reevaluations

Published: 2015

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(a) Applicability.
  (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 (d) of this section applies only if the project
is an FHWA transportation project.
(b) Purpose and content.
  (1) A reevaluation of a DEIS 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 is needed.
  (2) A reevaluation of a FEIS 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) After approval of the ROD, FONSI, or CE designation,
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. These consultations will be documented
if determined necessary by the department delegate. If, as a result
of consultation, a reevaluation is necessary, the project sponsor
shall prepare a reevaluation.
(c) Coordination. The department delegate may require
the project sponsor to carry out coordination under §2.12 of
this chapter (relating to Project Coordination).
(d) FHWA transportation project. For an FHWA transportation
project, in addition to subsections (a) - (c) 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