(a) General. A Record of Decision (ROD) results from an extensive environmental review of a proposed project's potential environmental impacts as detailed in an EIS.
(b) Contents of ROD. A ROD must include the following components:
  (1) a brief description of the proposed project and the alternatives considered in the EIS as well as the environmental factors considered and the project's impacts;
  (2) commitments to implement mitigation measures;
  (3) an explanation if the environmentally preferred alternative was not selected;
  (4) responses to substantive comments on the final EIS;
  (5) the executive administrator's statement that the Applicant has committed to the mitigation measures and that the Applicant has the ability and the authority to fulfill the commitment to the measures; and
  (6) the date of issuance and the signature of the executive administrator.
(c) Issuance of the ROD. The issuance of a ROD allows the Applicant to proceed with the proposed action subject to mitigation measures described in the ROD. The ROD shall be made available to the public.
(d) Monitoring of mitigation measures. The executive administrator shall ensure that adequate monitoring of the mitigation measures occurs throughout the construction of the project. Additionally all contracts, plans, specifications, and other applicable documents used during the planning, design, and construction of the project shall contain reference to or descriptions of the mitigation measures.
(e) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measures proposed in an environmental finding to interested agencies and public groups.

Source Note: The provisions of this §375.68 adopted to be effective July 4, 2016, 41 TexReg 4853