Under a Memorandum of Understanding (titled “Assignment MOU”) with the FHWA, TxDOT has been assigned review and approval responsibilities/ authority under NEPA for Texas projects with respect to federally-funded transportation projects. In addition, TxDOT is responsible for complying with Title 43, Chapter 2 of the Texas Administrative Code (TAC) for transportation projects receiving state funding. The environmental process is an integral part of the project development process in that it requires TxDOT to assess the environmental effects of proposed projects prior to making final decisions. There are also state environmental laws, rules, and regulations that TxDOT must follow regardless of the federal or state clearance processes.

By the Assignment MOU between the US Department of Transportation (USDOT) through the FHWA and the State of Texas through TxDOT, TxDOT has accepted jurisdiction of the federal courts for the compliance, discharge, and enforcement of any responsibility assumed under the Assignment MOU. This Assignment MOU gives TxDOT the authority to act as FHWA with respect to the environmental review, consultation and other actions required under the assumed responsibilities. The Assignment MOU is subject to renewability (through application by TxDOT to FHWA) every 5 years. Assignment MOU status and additional information can be found at the TxDOT.gov National Environmental Policy Act (NEPA) assignment documentation webpage.