[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88340-88342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25890]


-----------------------------------------------------------------------

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 proposed MOU and request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces that FHWA has received and reviewed a 
renewal package from the Texas Department of Transportation (TxDOT) 
requesting participation in the Surface Transportation Project Delivery 
Program (Program). This Program allows 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. The FHWA has determined the renewal package to be

[[Page 88341]]

complete, and developed a draft renewal MOU with TxDOT outlining how 
the State will implement the Program with FHWA oversight. The public is 
invited to comment on TxDOT's request, including its renewal package 
and the proposed renewed MOU, which includes the proposed assignments 
and assumptions of environmental review, consultation, and other 
activities.

DATES: Please submit comments by December 9, 2024.

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 http://www.regulations.gov and follow the online instructions for submitting 
comments.
    <bullet> Facsimile (Fax): 1-202-493-2251.
    <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 http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: For FHWA: Tom Bruechert by email at 
<a href="/cdn-cgi/l/email-protection#b9cdd6d497dbcbccdcdad1dccbcdf9ddd6cd97ded6cf"><span class="__cf_email__" data-cfemail="0a7e65672468787f6f69626f787e4a6e657e246d657c">[email protected]</span></a> or by telephone at 512-536-5948. 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#81c5eef4e6afc3eeeee9e4f3c1f5f9e5eef5afe6eef7"><span class="__cf_email__" data-cfemail="c98da6bcaee78ba6a6a1acbb89bdb1ada6bde7aea6bf">[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: http://www.regulations.gov. 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: https://www.archives.gov 
and the U.S. Government Publishing Office's web page at: https://www.access.gpo.gov/nara.

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 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.
    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.
    5. Projects funded under a discretionary grant program whereby 
USDOT awards funding directly to a grantee.
    Excluded from assignments 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

[[Page 88342]]

<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

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. 200302-200310

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

Executive Orders (E.O.) Relating to Highway Projects

<bullet> E.O. 11990, Protection of Wetlands
<bullet> E.O. 11988, Floodplain Management (except approving design 
standards and determinations that a significant encroachment is the 
only practicable alternative under 23 CFR 650.113 and 650.115)
<bullet> E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
<bullet> E.O. 13807, Establishing Discipline and Accountability in the 
Environmental Review and Permitting Process for Infrastructure Projects 
(aka ``One Federal Decision'')
<bullet> E.O. 13112, Invasive Species
<bullet> E.O. 13895, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government
<bullet> E.O. 13990, Protecting Public Health and Environment and 
Restoring Science to Tackle the Climate Crisis
<bullet> E.O. 14008, Tackling the Climate Crisis at Home and Abroad
<bullet> E.O. 14096, Revitalizing Our Nation's Commitment to 
Environmental Justice.

    The proposed 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 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.
    A copy of the proposed renewal MOU and renewal package may be 
viewed on the docket at www.regulations.gov, 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: https://www.txdot.gov/inside-txdot/division/environmental/nepa-assignment.html. 
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 comments and consultations relating to the 
proposed renewal MOU and will be made publicly available.

(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.

Kristin R. White,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2024-25890 Filed 11-6-24; 8:45 am]
BILLING CODE 4910-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>