(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.
(b) Purpose and content.
  (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.
(c) FHWA transportation project. For an FHWA transportation project, in addition to subsections (a) and (b) of this section, the department delegate and project sponsor must comply with any federal laws, including FHWA's rules, applicable to the processing of the reevaluation. If federal law, including FHWA's rules, conflicts with this chapter, federal law controls to the extent of the conflict. At the conclusion of technical review, the department delegate will forward the environmental review document and any other relevant documentation to FHWA with an appropriate recommendation.

Source Note: The provisions of this §2.85 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987