Section 2: Authorities
Anchor: #i1005963Overview
This section presents information on the federal and state laws governing environmental considerations related to all projects that TxDOT has oversight responsibilities. The information is organized by subject matter, with the authorities grouped under the following headings:
- comprehensive environmental laws, regulations and policies
- natural resources
- cultural/socio-economic resources
- air quality
- hazardous materials.
Comprehensive Environmental Laws, Regulations and Policies
The following subsections discuss:
- National Environmental Policy Act (NEPA) of 1969
- Council of Environmental Quality (CEQ) Regulations
- 23 Code of Federal Regulations (CFR) Part 771
- 49 USC, Subtitle III, Chapter 53, Transportation, General and Intermodal Programs - Mass Transportation
- Federal Aviation Administration Order 5050.4A, Airport Environmental Handbook
- 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and Advisory Circular 150/5100-17
- 43 Texas Administrative Code (TAC) Chapter 2, Subchapter C
- FHWA Technical Advisory (T-6640.8A)
- memoranda of understanding (MOUs).
National Environmental Policy Act (NEPA) of 1969
The U.S. Congress approved NEPA in 1969 (42 United States Code [USC] 4321-4347) to establish a national policy to protect the environment. NEPA also set up the Council on Environmental Quality, which set out regulations for implementing NEPA, including the types of actions and the analyses required.
NEPA requires federal agencies to consider environmental issues in full view of the public prior to making any major decisions on federally funded projects. Federally-funded transportation projects fall under the provisions of NEPA. NEPA directs the federal government to make decisions based on an understanding of the environmental consequences of the proposed project. To achieve this understanding, NEPA requires an assessment of environmental impacts of proposed projects on the environment and a consideration of alternatives. Where impacts cannot be avoided, minimization or mitigation of impacts is required.
For more information on NEPA, see the TxDOT Project Development Policy Manual. For a copy of the statute, see NEPA.
Anchor: #i1006089Council of Environmental Quality (CEQ) Regulations
The Council of Environmental Quality (CEQ) Regulations set forth the procedures for complying with NEPA. These regulations also require that each federal agency develop their own regulations to detail how they will comply with NEPA. See NEPA regulations.
Anchor: #i100610423 Code of Federal Regulations (CFR) Part 771
23 CFR Part 771 comprises the environmental regulations of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). In accordance with CEQ requirements, these regulations were adopted to implement NEPA requirements for surface transportation projects. 23 CFR Part 771 comprises the basis for TxDOT’s federally funded project development process. For a copy, see Federal Aid Policy Guide.
Under 23 CFR Part 771, federally funded transportation activities must:
- Comply with all applicable environmental requirements.
- Document compliance at a level appropriate to the activity's potential to cause significant environmental impact.
- Evaluate alternatives (including the “no action” alternative). Make decisions in the overall public interest based on a balanced consideration of the need for the project and the social, economic, and environmental impacts of the project.
- Inform the public and other governmental entities and involve them in making decisions.
- Perform sufficient interdisciplinary studies on which to make decisions.
- Implement measures to avoid, minimize or mitigate environmental impacts.
For more information on 23 CFR Part 771, see Federal Aid Policy Guide.
Anchor: #i100616049 USC, Subtitle III, Chapter 53, Transportation, General and Intermodal Programs - Mass Transportation
These statutes pertain to mass transit projects and programs implemented under the authority of the Federal Transit Administration.
Anchor: #i1006170