reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.52 - Dispute Resolution Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Informal resolution. The project sponsor and department delegate will attempt
				  to informally resolve any dispute concerning implementation of this subchapter
				  before using other methods of dispute resolution. The informal dispute
				  resolution procedures described in the project scope shall be implemented in
				  accordance with the deadlines indicated in the project scope.
(b) Project sponsor is a department district
				  or division. If a project sponsor is a department district or division, a
				  dispute between the project sponsor and department delegate concerning
				  implementation of this subchapter that cannot be resolved informally under
				  subsection (a) of this section will be brought to the attention of and resolved
				  by the department's executive director within 60 days after that date that the
				  project sponsor or department delegate requests resolution.
(c) Project sponsor is a local government. If
				  the project sponsor is a local government, disputes between the project sponsor
				  and department delegate concerning implementation of this subchapter that
				  cannot be resolved informally under subsection (a) of this section will be
				  resolved according to the procedures set out in this subsection.
(1) The project sponsor and department
				  delegate will ask their respective attorneys to meet and attempt to resolve the
				  dispute.
(2) If the project
				  sponsor's and department delegate's respective attorneys are unable to resolve
				  the dispute, the project sponsor or department delegate may refer the dispute
				  to mediation or other alternative dispute resolution process for resolution.
				  The project sponsor and the department will share equally the expenses of the
				  mediation or other alternative dispute resolution process.
(3) Any mediation or other alternative
				  dispute resolution process must be concluded not later than the 60th day after
				  the first date that either the project sponsor or the department delegate
				  requests dispute resolution under paragraph (2) of this subsection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter D - REQUIREMENTS FOR CLASSES OF PROJECTS › Section 2.81 - Categorical Exclusions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) This section applies to a transportation
				  project that is classified by the department delegate as a CE. A CE is a
				  category of actions that have been found to have no significant effect on the
				  environment, individually or cumulatively.
(2) This section applies to a transportation
				  project that is a state transportation project or an FHWA transportation
				  project, except that subsection (e) of this section applies only if the project
				  is an FHWA transportation project.
(3) This section does not apply to the
				  purchase of an option to acquire real property, or to the exercise of an option
				  or other early and advance acquisition of land.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter D - REQUIREMENTS FOR CLASSES OF PROJECTS › Section 2.83 - Environmental Assessments

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) This section applies to a transportation
				  project that the department delegate has not classified as a categorical
				  exclusion and that does not clearly require the preparation of an EIS, or if
				  the department delegate believes an EA would assist in determining the need for
				  an EIS.
(2) This section applies to
				  a transportation project that is a state transportation project or an FHWA
				  transportation project, except that subsection (i) of this section applies only
				  if the project is an FHWA transportation project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter D - REQUIREMENTS FOR CLASSES OF PROJECTS › Section 2.84 - Environmental Impact Statements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability.
(1) This section applies to a
				  transportation project if there are likely to be significant environmental
				  impacts. The project sponsor will prepare an EIS that is a detailed public
				  disclosure document that evaluates the impacts of the project.
(2) This section applies to a transportation
				  project that is a state transportation project or an FHWA transportation
				  project, except that subsection (g) of this section applies only if the project
				  is an FHWA transportation project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter D - REQUIREMENTS FOR CLASSES OF PROJECTS › Section 2.85 - Reevaluations

Current through Reg. 49, No. 28; July 12, 2024
(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 (c) of this section applies only
				  if the project is an FHWA transportation project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter D - REQUIREMENTS FOR CLASSES OF PROJECTS › Section 2.86 - Supplemental Environmental Impact Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to a transportation
				  project that is a state transportation project or an FHWA transportation
				  project, except that subsection (h) of this section applies only if the project
				  is an FHWA transportation project.
(b) A DEIS, FEIS, or supplemental EIS may be
				  supplemented at any time. An EIS will be supplemented if the department
				  delegate determines that:
(1) changes to the
				  project would result in significant environmental impacts that were not
				  evaluated in the EIS; or
(2) new
				  information or circumstances relevant to environmental concerns and bearing on
				  the project or its impacts would result in significant environmental impacts
				  not evaluated in the EIS.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.101 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Guidelines. The
				  department will publish guidelines that identify a selection of outreach
				  methods that project sponsors may choose in collaboration with the department
				  delegate to inform the public and maximize participation in the public
				  involvement process. Outreach methods may include posting information on a
				  website, publishing a notice in the newspaper, or use of changeable message
				  signs.
(b) Notification to
				  interested parties. Each project sponsor shall maintain a list of elected
				  public officials, individuals, and affected interest groups that have expressed
				  an interest in a transportation project. The project sponsor will provide
				  notification to these individuals and groups of any public participation
				  opportunities related to the project, apart from a Notice and Opportunity to
				  Comment.
(c) Minimum Requirements.
				  This subchapter establishes the minimum requirements for public participation
				  for a project.
(d) FHWA
				  Transportation Projects. For an FHWA transportation project, in addition to the
				  public participation requirements set forth in this subchapter, the project
				  sponsor will comply with any additional public participation or coordination
				  requirements that may apply under Federal law, such as the requirements at
				  23
				  U.S.C. §
											139, 23 U.S.C §128 and 40
				  C.F.R. Part 1500. To the extent there is a conflict between this subchapter and
				  an applicable Federal law, the Federal law will prevail.
(e) Limited English Proficiency. The project
				  sponsor, in consultation with the department delegate, will determine whether
				  any notice required by this chapter must be provided in a language, in addition
				  to English, to comply with Executive Order 13166, Improving Access to Services
				  for Persons with Limited English Proficiency (LEP).
(f) Joint Public Participation. The
				  department may collaborate with local governments, metropolitan planning
				  organizations, or other transportation entities to conduct joint public
				  participation activities. Public participation hosted by other entities may
				  satisfy department public participation requirements provided the requirements
				  established in this subchapter are met.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.102 - Notice of Intent (NOI)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. An
				  NOI formally initiates the process for preparing an EIS or a supplemental
				  EIS.
(b) Notice of Intent Required.
				  The project sponsor will prepare an NOI before the preparation of an EIS or
				  supplemental EIS. An NOI must be prepared according to guidelines and
				  procedures established by the department. The department delegate will review
				  the NOI and submit it for publication in the
Texas Register
if
				  the project is a state transportation project or in the
Federal
				  Register
if the project is an FHWA transportation project.
(c) Notice Requirements. The project sponsor
				  will publish the approved NOI in a local newspaper having general circulation
				  in the area affected by the project. If there is no local newspaper in the area
				  affected by the project, the project sponsor will publish the NOI in any
				  newspaper having general circulation in the area affected by the
				  project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.103 - Coordination Plan for EIS

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. A
				  coordination plan is a plan for coordinating public and agency participation in
				  and comment on the environmental review process when an EIS is required. A
				  coordination plan is intended to involve the agencies with an interest in the
				  project and the public in the early stages of development of an EIS, and is
				  distinct from the process for preparation of the project scope prepared by a
				  project sponsor and department delegate under §
										2.44 of
				  this chapter (relating to Project Scope). A coordination plan must include, at
				  a minimum, participation by any agency for which participation is required
				  under a memorandum of understanding with the department, including the
				  memoranda of understanding under Subchapters G, H, and I of this chapter
				  (relating to Memorandum of Understanding with the Texas Parks and Wildlife
				  Department, Memorandum of Understanding with the Texas Historical Commission,
				  and Memorandum of Understanding with the Texas Commission on Environmental
				  Quality).
(b) Coordination Plan
				  Required. The project sponsor, in collaboration with the department delegate,
				  will prepare a coordination plan after publication of the NOI for an EIS or
				  supplemental EIS, in accordance with guidelines and procedures established by
				  the department.
(c) Notice
				  Requirements.
(1) The project sponsor will
				  circulate the draft of the coordination plan to the agencies identified in the
				  coordination plan and will make it available to the public at a public meeting.
				  The project sponsor will allow not less than 30 days for comment on the draft
				  coordination plan and schedule.
(2)
				  A deadline for comment by agencies and the public may be extended for good
				  cause. The good cause must be documented in the project file.
(3) The project sponsor will give a copy of
				  the approved coordination plan and any approved schedule for completion of the
				  environmental review process to the agencies identified in the coordination
				  plan and will make it available to the public on request.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.104 - Notice and Opportunity to Comment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. Subject to the exception in subsection (b) of this section, this
				  section applies to any project that would:
(1)
				  require the acquisition of new right-of-way;
(2) add capacity; or
(3) involve the construction of a highway at
				  a new location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.105 - Public Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Public
				  meetings are intended to gather input from the public and keep the public
				  informed during the development of a project.
(b) When to hold a Public Meeting.
(1) A project sponsor may hold one or more
				  public meetings for any project. The decision to hold a public meeting should
				  be based on the project's type, complexity, and level of public
				  concern.
(2) The project sponsor
				  shall hold a public meeting during the drafting of a DEIS to present the draft
				  coordination plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.106 - Opportunity for Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. An opportunity for a public hearing permits the public to request a
				  public hearing for a project when the project sponsor is not otherwise
				  obligated to hold a public hearing under §
										2.107
				  of this subchapter (relating to Public Hearing).
(b) When to afford an opportunity for public
				  hearing.
(1) The project sponsor will afford
				  an opportunity for a public hearing for a project if:
(A) the project requires the acquisition of
				  significant amounts of right-of-way;
(B) the project has a substantial adverse
				  impact on abutting real property; or
(C) the project is the subject of an
				  environmental assessment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.107 - Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. A
				  public hearing is held to present project alternatives and to encourage and
				  solicit public comment.
(b) When to
				  hold a public hearing. A project sponsor will hold a public hearing if:
(1) an agency with jurisdiction over the
				  project submits a written request for a hearing that is supported by reasons
				  why a hearing will be helpful, or ten or more individuals submit a written
				  request for a hearing, except that a public hearing is not required under this
				  paragraph if:
(A) a public hearing has been
				  held concerning the project before the request or requests are
				  received;
(B) the hearing request
				  or requests are received after the environmental review document or
				  documentation of categorical exclusion for the project is approved;
(C) the hearing request or requests are
				  received after the deadline specified in a notice issued under §
												2.106
				  of this subchapter (relating to Opportunity for Public Hearing); or
(D) the project sponsor has addressed all
				  concerns of the agency or persons requesting the public hearing;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.108 - Notice of Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. A
				  notice of availability is issued to inform the public or recipient of when
				  certain important documents are available for review, and how to obtain copies
				  of those documents.
(b) When to
				  issue notice. A notice of availability is required for:
(1) a draft EA;
(2) a FONSI;
(3) a DEIS;
(4) a FEIS; or
(5) a ROD.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.109 - Additional Notice and Comment for Projects Affected by Significant Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes when
				  additional notice and opportunity to comment must be provided to owners of
				  adjoining property, and affected local governments and public officials,
				  following project approval.
(b)
				  When to provide additional notice and opportunity to comment. Under
				  Transportation Code, § 203.022(b), the project sponsor will provide an
				  additional notice and opportunity to comment for a project that has received
				  project approval if:
(1) the project adds
				  capacity or involves the construction of a highway at a new location;
				  and
(2) conditions relating to land
				  use, traffic volumes, and traffic patterns have changed significantly since the
				  project was originally subject to public review and comment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter E - PUBLIC PARTICIPATION › Section 2.110 - Notice of Impending Construction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. A notice of impending construction informs individuals affected by
				  certain projects that construction will begin.
(b) Notice Requirements under Transportation
				  Code, § 203.022(c). For a project that adds capacity or involves the
				  construction of a highway at a new location, the project sponsor must provide
				  owners of adjoining property and affected local governments and public
				  officials with notice of impending construction by any means approved by the
				  department's Environmental Affairs Division. The means of providing notice may
				  include a sign or signs posted in the right-of-way, mailed notice, printed
				  notice distributed by hand, or notice via website when the recipient has
				  previously been informed of the relevant website address. The notice must be
				  provided after a CE determination or issuance of a FONSI or ROD for the
				  project, but before earthmoving or other activities requiring the use of heavy
				  equipment begin.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter F - REQUIREMENTS FOR SPECIFIC TYPES OF PROJECTS AND PROGRAMS › Section 2.133 - Maintenance Projects and Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Maintenance programs. This section applies to the following maintenance
				  programs and the maintenance projects undertaken under them:
(1) Bridge maintenance--Activities to repair
				  or perform preventive maintenance on bridges, culverts, retaining walls, and
				  barrier walls.
(2) Customer
				  service--Activities related to providing the traveling public with services,
				  including maintaining rest areas, picnic areas, and litter barrels.
(3) Debris and spills--Activities related to
				  removing debris from the right of way, including litter, roadway debris,
				  spills, and sweeping.
(4)
				  Drainage--Activities related to maintaining drainage systems and slopes on the
				  right of way and within drainage easements, including roadside ditches, slopes,
				  channels, creeks, streams, and rivers.
(5) Ferry maintenance--The maintenance and
				  operation of ferries under Transportation Code, §
											342.001.
(6) Maintenance enhancement--Maintenance
				  activities that improve the access to a highway or improve the performance of
				  the highway system such as the installation of turn lanes, turnouts,
				  turn-arounds, driveways, or shoulders.
(7) Pavement maintenance--Activities to
				  repair or perform preventive maintenance on pavements, including work performed
				  on the pavement surface, base, sub-base, sub-grade, or embankment.
(8) Roadside appurtenances--Activities
				  related to fixtures along the roadways, including signs, delineators,
				  mailboxes, guard rails, attenuators, illumination, and signals.
(9) Traffic pavement markings--Activities
				  related to markings on the pavement to control vehicular movement, including
				  installing and removing striping, specialty markings, and pavement
				  markings.
(10) Vegetation
				  management--Activities performed to establish and maintain the condition of the
				  roadway and roadside on the state highway right of way, including mowing
				  operations, pest management, revegetation techniques, erosion control,
				  wildflower preservation and propagation, tree and brush trimming and removal,
				  and the preservation of threatened and endangered plant species.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter F - REQUIREMENTS FOR SPECIFIC TYPES OF PROJECTS AND PROGRAMS › Section 2.134 - Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope.
				  The approval of transportation projects and programs located in whole or in
				  part within the coastal boundary, as defined in 31 TAC §
										503.1(relating
				  to Coastal Management Program Boundary), are actions subject to the Texas
				  Coastal Management Program (CMP), 31 TAC Part 16. A project or program will be
				  approved unless it is found to be inconsistent with the goals and policies of
				  the CMP, as described in 31 TAC Chapter 501 (relating to the Coastal Management
				  Program). For the purposes of this section, "transportation projects and
				  programs" includes the projects and programs for which an environmental review
				  document or documentation of categorical exclusion is prepared under this
				  chapter and Gulf Intracoastal Waterway projects for which the commission
				  authorizes right-of-way acquisition and beneficial use projects.
(b) Thresholds. In accordance with 31 TAC
				  §
										505.26(relating
				  to Approval of Thresholds for Referral), the department's threshold for
				  referral of actions to the commissioner of the General Land Office is the
				  approval of transportation projects and programs requiring an environmental
				  impact statement. The threshold for actions concerning the Gulf Intracoastal
				  Waterway is the approval by the commission for acquisitions of rights of way
				  for dredged material disposal and for beneficial use projects, unless:
(1) the federal agency's consistency
				  determination for the federal activity or the federal development project
				  included the dredged material disposal plan or the beneficial use project, and
				  the consistency is affirmed in accordance with 31 TAC Chapter 506 (relating to
				  Council Procedures for Federal Consistency with Coastal Management Program
				  Goals and Priorities);
(2) the
				  Coastal Coordination Council or General Land Office previously issued a
				  consistency agreement under 31 TAC Chapter 506 for the federal activity or the
				  federal development project that included the disposal plan or the beneficial
				  use project; or
(3) the disposal or
				  placement of dredged material in existing dredge disposal sites or within
				  existing beneficial use projects meets the provisions of 31 TAC Chapter
				  506.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.203 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) TxDOT will coordinate with TPWD on
				  federal and state transportation projects that require an EA or EIS.
(b) TxDOT may coordinate other projects that
				  do not require an EA or EIS with TPWD at TxDOT's discretion.
(c) If TxDOT prepares a reevaluation for a
				  transportation project that was previously coordinated with TPWD under the 2013
				  MOU, TxDOT will coordinate the reevaluation with TPWD when any of the following
				  apply:
(1) New impacts not included in
				  previous coordination or increase in impacts from previous coordination to
				  terrestrial and aquatic state-listed species or their habitat as determined by
				  a qualified biologist or rare plant communities with a record in the TXNDD or
				  any state rank or rank range that includes a 1, 2, or 3.
(2) New or increased impacts to riparian
				  habitat or water resources.
(3)
				  Change to commitments made during previous coordination, including
				  BMPs.
(4) Reevaluations of CE level
				  projects with new or increased impacts may be re-coordinated at TxDOT's
				  discretion.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.204 - Coordination and Communication

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  projects requiring an EA or EIS, TxDOT will contact TPWD when TxDOT has
				  completed its analysis of potential impacts to fish, wildlife, and other
				  natural resources. To facilitate collaborative review, TxDOT will provide
				  access to TxDOT's Environmental Compliance Oversight System (ECOS).
(b) TxDOT will post on the Environmental
				  Compliance Toolkit webpage the set of BMPs as recommended by TPWD. This set of
				  BMPs is non-project specific. The application of specific BMPs to individual
				  projects will be determined by TxDOT at its discretion.
(c) TxDOT will indicate in the draft EA or
				  draft EIS the TPWD-recommended BMPs that will be applied to the project. TxDOT
				  may also include information shared by TPWD during collaborative
				  review.
(d) To ensure TxDOT will
				  benefit from any recommendations or information provided by TPWD early in the
				  environmental review process, TxDOT will follow the procedure indicated below.
(1) At or around the same time that a draft
				  EA or draft EIS is made available for public review, but no less than 45 days
				  before the issuance of an environmental decision, TxDOT will email the notice
				  of availability of the document required by §
											2.108 of
				  this chapter (relating to Notice of Availability) to TPWD at the following
				  email address: WHAB_TxDOT@tpwd.texas.gov or the email account designated by
				  TPWD.
(2) The email communication
				  described in subsection (1) will serve as the "request for comments" in Parks
				  and Wildlife Code §
											12.0011(b-1).
(3) To facilitate review of a draft EA or
				  EIS, TxDOT will provide access to TxDOT's ECOS.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.205 - Commitments

Current through Reg. 49, No. 28; July 12, 2024
(a) TxDOT will provide funding, through an
				  interagency contract, for one TPWD employee to review transportation projects
				  under this agreement. TxDOT will actively and consistently engage this employee
				  in project development, conservation actions, and other natural resource
				  coordination needs as determined appropriate by TxDOT. The interagency contract
				  to fund the review of transportation projects will be renewed biennially at
				  TxDOT's discretion.
(b) Through
				  that same interagency contract or other authority as appropriate, TxDOT and
				  TPWD will identify and collaborate on mutually agreeable conservation actions.
				  Conservation actions to be undertaken will be described in detail in an
				  interagency contract document or associated workplan agreed upon by the
				  IAT.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.206 - Interagency Team

Current through Reg. 49, No. 28; July 12, 2024
(a) Each agency
				  shall mutually appoint members to IAT which will meet at least on a bi-annual
				  basis.
(b) An Interagency Team
				  shall discuss and make recommendations for opportunities for the agencies to
				  partner on conservation actions including but not limited to research, offsets,
				  specification development, and restoration opportunities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.207 - Texas Natural Diversity Database (TXNDD)

Current through Reg. 49, No. 28; July 12, 2024
(a) This MOU authorizes certain limited use
				  and distribution of TXNDD information and specifies security
				  requirements.
(b) TPWD will
				  continue to provide TXNDD information to TxDOT on a schedule agreed upon by
				  both parties.
(c) Except as
				  provided in subsections (d), (e) and (f) of this section, TxDOT will not
				  release the TXNDD or any portion of it to outside parties unless TxDOT receives
				  a request under the Texas Public Information Act for the TXNDD or information
				  contained therein, in which case TxDOT will notify TPWD of the
				  request.
(d) Texas Public
				  Information Act requests for copies of approved environmental review documents
				  and environmental reports that contain information from the TXNDD do not
				  require TPWD notification. Such documents and reports are not subject to the
				  restrictions in subsection (c) of this section and may be disclosed to the
				  public by TxDOT.
(e) TxDOT will
				  conduct training on access and use of the TXNDD as it relates to transportation
				  projects for TxDOT environmental staff and environmental contract employees.
				  TPWD will assist in training development and implementation if
				  requested.
(f) TxDOT will provide
				  completed TXNDD reporting forms or any other format preferred by TPWD for
				  observations of SGCN occurrences, which include federally and state protected
				  species, within TxDOT project areas and collected by TxDOT staff and contract
				  individuals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.251 - Purpose and Authority

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the memorandum of understanding
					 (MOU) entered into by the Texas Historical Commission (THC) and the Texas
					 Department of Transportation (TxDOT) in accordance with Government Code, §
										442.005 and §
										442.007; Natural
					 Resources Code, §
										191.0525(f);
					 and Transportation Code, §
										201.607. The
					 purpose of this MOU is to provide a formal mechanism for expediting THC review
					 of TxDOT's transportation projects that potentially pose adverse effects on
					 cultural resources. This MOU supersedes the previous MOU made effective on May
					 20, 2013.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.252 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, this subchapter generally applies to:
(1) a transportation project for which an
				  environmental review is being or will be performed under this chapter;
				  or
(2) any other type of project
				  coordinated by TxDOT in compliance with the requirements of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.253 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Antiquities
				  permit--A permit issued by THC in order to regulate the taking, alteration,
				  damage, exhumation, destruction, salvage, archeological survey, testing,
				  excavation and study of State Antiquities Landmarks including prehistoric,
				  historic and underwater archeological sites, and the preservation,
				  rehabilitation, restoration, reconstruction, architectural investigation,
				  hazard abatement, relocation, demolition, or new construction related to
				  historic structures and buildings designated as a State Antiquities
				  Landmark).
(2) Area of potential
				  effects (APE)--The geographic space or spaces within which a project may cause
				  changes in the character or use of historic properties, if any such properties
				  exist.
(A) The area of potential effects for
				  archeological properties will be confined to the limits of the proposed project
				  right of way (including permanent and temporary easements), utility relocations
				  designated by TxDOT, and project-specific locations designated by TxDOT. The
				  area of potential effects also extends to the depth of impacts caused by the
				  undertaking.
(B) The area of
				  potential effects for non-archeological historic properties will be confined to
				  the limits of the proposed project right of way (including permanent and
				  temporary easements), utility relocations designated by TxDOT, and
				  project-specific locations designated by TxDOT.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.254 - Coordination Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) TxDOT. The
				  coordination responsibilities of TxDOT under this MOU are defined as follows.
(1) All coordination required by this MOU
				  shall be conducted by or through TxDOT's Environmental Affairs Division or its
				  successor as established by TxDOT administration, unless the Environmental
				  Affairs Division (or its successor) and THC agree in writing to allow other
				  appropriate organizational units of TxDOT or other entities approved by the
				  respective agencies to conduct the coordination.
(2) TxDOT shall not be a signatory to any
				  permit issued by THC to another entity for work on a project funded or
				  sponsored by such other entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.255 - Qualifications of Staff and Use of Consultants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All cultural resource investigations executed under the terms of this MOU shall
				  be implemented by staff who meet the requirements for professional personnel as
				  defined and set forth in 13 TAC Chapter 26 (relating to Practice and Procedure)
				  or the Secretary of the Interior's Professional Qualification Standards (36
				  C.F.R. Part 61, Appendix A), and are qualified and eligible to receive an
				  antiquities permit.
(b) TxDOT has
				  the right to perform cultural resource investigations using staff or
				  consultants who meet the professional standards cited in subsection (a) of this
				  section.
(c) Cultural resource
				  surveys, investigations, permit applications, and other work performed by
				  consultants shall be coordinated with THC by or through TxDOT's Environmental
				  Affairs Division, or its successor as established by TxDOT administration,
				  unless it and THC agree in writing to allow other appropriate organizational
				  units of TxDOT or other entities approved by the respective agencies to
				  coordinate the work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.258 - Background Studies for Archeological Resources and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) For projects subject to review for
				  archeological sites and cemeteries under this MOU, based on the results of
				  background research, TxDOT will identify projects or portions of projects' APEs
				  that require archeological field investigation.
(b) Eligibility determinations that TxDOT
				  performs under this MOU will not require field investigations if sufficient
				  background information exists to demonstrate that the portion of the site to be
				  affected does not have potential research value.
(c) Determinations that TxDOT makes under
				  this MOU regarding the presence of cemeteries in project APEs may be made
				  through the use of maps, project-area photographs, or other background
				  research.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.259 - Permits for Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) THC shall issue antiquities permits for
				  reconnaissance survey, intensive survey, monitoring, eligibility testing,
				  exhumations, and emergencies to archeological staff at TxDOT under the
				  following terms:
(1) The archeological staff
				  of TxDOT's Environmental Affairs Division, or its successor as established by
				  TxDOT administration, oversees the work.
(2) The work shall be completed in accordance
				  with the provisions of the MOU.
(3)
				  THC shall not require TxDOT to submit an antiquities permit
				  application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.260 - Surveys for Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Surveys may be limited to an evaluation
				  of existing impacts or stratigraphic integrity when these activities are
				  sufficient to determine that any sites present are unlikely to be
				  eligible.
(b) Eligibility
				  determinations made by TxDOT under this MOU will not require further
				  investigation if TxDOT demonstrates that the portion of the site to be affected
				  is not likely to have sufficient integrity to be eligible.
(c) For portions of the APE where deposits
				  may retain sufficient integrity for sites to be eligible, TxDOT survey methods
				  will conform with THC's Archeological Survey Standards, underwater survey
				  standards promulgated in 13 TAC Chapter 28, or with other appropriate methods,
				  except as provided in paragraphs (1) and (2) of this subsection:
(1) TxDOT reserves the right to depart from
				  published survey standards in cases where it deems appropriate.
(2) THC reserves the right to review
				  non-standard procedures for their adequacy.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.261 - Archeological Eligibility Testing Phase

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each of the following methods will be employed for test excavations.
(1) Mechanical trenches will be excavated and
				  profiles documented in order to characterize the area's potential for
				  archeological deposits with sufficient integrity to be eligible to occur at the
				  site.
(2) The extent of the site
				  within the APE will be sampled through some combination of shovel-testing,
				  column sampling, augering with an auger diameter of not less than 12 inches,
				  surface collection, and geophysical prospection in order to characterize the
				  distribution of archeological materials across the site.
(3) Additional units will be excavated and
				  screened to evaluate site areas that appear to have the best potential for
				  yielding important data with good integrity, based on the results of previous
				  work.
(4) The materials analyzed
				  will comprise those materials most likely to contribute important information
				  about prehistory or history.
(5)
				  TxDOT reserves the right to depart from these methods in cases where it deems
				  appropriate and shall justify deviations in the report.
(6) Testing procedures conducted for
				  underwater archeological investigations shall be coordinated and approved by
				  THC Marine Archeological Program (MAP).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.262 - Archeological Excavation and Data Recovery

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When appropriate and established in the final research design approved by THC,
				  TxDOT will develop public educational outreach projects for significant data
				  recovery investigations.
(b) Data
				  from data recovery projects shall be made available to qualified
				  researchers.
(c) Research designs
				  for underwater excavation and data recovery shall be reviewed and approved by
				  the THC MAP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.263 - Exhumation

Current through Reg. 49, No. 28; July 12, 2024
(a) Exhumation is a form of investigation to
				  resolve the adverse effects of a project on a cemetery.
(b) Exhumation efforts may be staged as a
				  separate phase of work from burial identification. Following procedures set
				  forth in Health and Safety Code, Chapter 711, exhumation may begin once any
				  required notifications of next of kin or other procedures required by Health
				  and Safety Code, Chapter 711 have been conducted.
(c) The following tasks represent a
				  sufficient, reasonable and good faith effort to identify remains and any next
				  of kin associated with burials in unknown or abandoned cemeteries:
(1) making inquiries through the local County
				  Historical Commission;
(2) posting
				  notices with local news outlets; and
(3) posting notices with local
				  churches.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.264 - Archeological Sites and Cemeteries found after Award of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) When potential historic properties are
				  identified during implementation of a TxDOT project or unanticipated effects on
				  historic properties are determined, work in the immediate area of the discovery
				  shall cease, and TxDOT shall be notified of the discovery; if appropriate,
				  security measures will be initiated to protect the discovery.
(b) TxDOT will notify the THC within 48 hours
				  of the discovery.
(c) For
				  unanticipated discoveries of archeological materials that do not contain human
				  burials, TxDOT will undertake each of the following additional actions.
(1) TxDOT will verify that the discovery does
				  not contain human burials. As necessary, TxDOT will obtain and perform this
				  investigation under an emergency permit or other appropriate Antiquities Permit
				  category.
(2) Upon confirmation
				  that the discovery does not contain human burials, TxDOT may allow construction
				  at the site to proceed.
(3) TxDOT
				  shall complete or update a State of Texas Archeological Site Data Form based on
				  the available information.
(4)
				  TxDOT will find that the property comprises an archeological historic
				  property.
(5) TxDOT will develop a
				  mitigation proposal to resolve the adverse effects of the undertaking on the
				  archeological historic property. This proposal shall not necessarily involve
				  any further excavations at the historic property.
(6) The level of effort described in the
				  proposal shall be commensurate with the nature of the resource, based on the
				  available information.
(7) TxDOT
				  will develop the proposal in coordination with THC and obtain the appropriate
				  Antiquities Permit for this work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.265 - Standard Treatments for Particular Resource Types

Current through Reg. 49, No. 28; July 12, 2024
Isolated wells or cisterns unassociated with other remains
					 will be treated as follows.
(1)
				  Isolated wells or cisterns that post-date 1900 A.D. do not warrant notification
				  of THC or additional investigation. Removal or sealing of these features does
				  not constitute an adverse effect.
(2) Isolated wells or cisterns that pre-date
				  1900 A.D. require research and documentation of their location, construction,
				  condition, and original context. Upon completion of the research and
				  documentation, these features may be backfilled and capped. These activities do
				  not constitute an adverse effect.