(a) Applicable requirements. For an FHWA transportation project, the department delegate and project sponsor will comply with FHWA's rules concerning the environmental review of the project, as appropriate, in addition to the requirements of this chapter. To the extent there is a conflict between FHWA's rules and the requirements of this chapter, FHWA's rules will control. Project sponsors should consider FHWA's rule requirements at the outset of the environmental review process if there is any possibility that FHWA approval of the project will later be required.
(b) Issuance of approval; delegation of authority.
  (1) For an FHWA transportation project, the entity with the authority to issue final approval of an environmental review document, or make a final determination that a project qualifies as a categorically excluded project is FHWA.
  (2) Notwithstanding paragraph (1) of this subsection, the department delegate may, if provided by a programmatic agreement or memorandum of understanding with FHWA, exercise approval authority in accordance with the terms of the agreement.
  (3) If the department assumes any of FHWA's responsibilities under a memorandum of understanding, references to FHWA in this chapter shall mean the department delegate for those responsibilities assumed by the department as described in the memorandum of understanding.
  (4) If the department has a programmatic agreement or memorandum of understanding with FHWA applicable to a project, the project sponsor and department delegate will comply with the terms of the agreement. If federal law, including FHWA's rules, or an agreement with FHWA conflicts with this chapter, the federal law or agreement provision controls to the extent of the conflict.

Source Note: The provisions of this §2.6 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941