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

(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.

(1) A documented reevaluation of a DEIS, which may be in the form of a checklist, 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 documented reevaluation of a FEIS, which may be in the form of a checklist, 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) A consultation reevaluation will be required after approval of a ROD, FONSI, or CE designation if changed circumstances could affect the continued validity of the ROD, FONSI, or CE designation. When a consultation reevaluation is required, 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. The project sponsor will record the consultation reevaluation in the project file. If, as a result of consultation, the department delegate determines that a documented reevaluation is appropriate, the project sponsor shall prepare a documented reevaluation, which may be in the form of a checklist.