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National Environmental Policy Act (NEPA) Assignment Documentation

The Federal Highway Administration (FHWA) assigned TxDOT some FHWA NEPA responsibilities for environmental review, consultation or other actions required under federal environmental law that pertain to the review or approval of a specific highway, railroad, public transportation and multimodal projects. The responsibilities were assigned under the Surface Transportation Project Delivery Program (assignment program) codified at 23 USC 327.

The assigned responsibilities are subject to the same procedural and substantive requirements as previoulsy applied to FHWA. The assignment program does not preempt or interfere with any power, jurisdiction, responsibility or authority of an agency, excluding FWHA, under applicable law and regulations.

When TxDOT became responsible for the assigned responsibilities, the TxDOT Environmental Program was updated to address the assignment program requirements. The tools in the TxDOT Environmental Compliance Toolkits explain or satisfy the requirements of the TxDOT environmental review process, which includes the assignment program requirements.

Assignment Resources

Title Date Description Format
Application to Assume FHWA Responsibilities Pursuant to 23 USC 327 05/14 Required by the assignment program, TxDOT submitted this to assume some FHWA responsibilities for environmental review, consultation and other actions required under federal environmental law that pertain to the review or approval of a specific project.
MOU Concerning State of Texas' Participation in the Project Delivery Program Pursuant to 23 USC 327 12/17/14
The memorandum of understanding (MOU) between FHWA and TxDOT officially approves TxDOT's application to participate in the assignment program and is the required written agreement (23 USC 327(a)(2)(A) and (c)) allowing USDOT to assign its responsibilities for federal environmental laws with respect to Texas highway projects to TxDOT.
23 USC 327: Surface Transportation Project Delivery Program   U.S. Code (USC) Title 23, Chapter 3, Section 327, codifies the assignment program requirements for assigning the USDOT Secretary’s responsibilities to a state.