Common use of Highway Projects Clause in Contracts

Highway Projects. 3.3.1 Except as provided by subpart 3.3.2 below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary’s responsibilities under subparts 3.1 and 3.2 above shall apply with respect to the environmental review, consultation, or other action pertaining to the review or approval of the following classes of highway projects located within the State of California. The definition of “highway project” is found at 23 CFR 773.103, and for purposes of this MOU, “highway project” includes eligible preventative maintenance activities. Prior to approving any CE determination under this MOU, FONSI, final EIS, or final EIS/ROD, the State of California shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP). A. Projects requiring an EIS, both on the state highway system (SHS) and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals. B. Projects qualifying for CEs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to the 326 CE MOU. C. Projects requiring EAs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals: D. Projects funded by other Federal agencies [or projects without any Federal funding] that also require FHWA approvals and meet the definition of a highway project found at 23 CFR 773.103. For these projects, ▇▇▇▇▇▇▇▇ would not assume the NEPA responsibilities of other Federal agencies. However, Caltrans may use or adopt other Federal agencies’ NEPA analyses consistent with 40 CFR parts 1500–1508, and USDOT and FHWA regulations, policies, and guidance. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any highway projects authorized under 23 U.S.C. 202, 203, and 204 unless such projects will be designed and constructed by Caltrans; B. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this agreement a project is considered “adjacent to international boundaries” if it requires the issuance of a new or the modification of an existing Presidential Permit by the U.S. Department of State. C. Any Federal-aid highway project that may be designed and constructed by the FHWA under a 23 U.S.C. 308 agreement between the FHWA Central Federal Lands Highway Division and Caltrans.

Highway Projects. 3.3.1 Except as provided by subpart 3.3.2 below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's and FHWA’s responsibilities under subparts 3.1 and 3.2 above shall apply with respect to the environmental review, consultation, or other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of CaliforniaTexas. The definition of “"highway project” " is found at 23 CFR 773.103, and for purposes of this MOU, “"highway project” " includes eligible preventative maintenance activities. TxDOT shall conduct any reevaluations required under 23 CFR 771.129 for projects for which construction was not completed prior to the date of the Original MOU, in accordance with the provisions of this MOU and the Original MOU. Prior to approving any CE determination under this MOUdetermination, FONSI, final EIS, or final EIS/ROD, the State of California shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP). A. Projects requiring an EIS, both on the state highway system (SHS) and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals. B. Projects qualifying for CEsa CE, both on the SHS and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to the 326 CE MOU. C. Projects requiring EAsan EA, both on the SHS and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals: D. Projects funded by other Federal agencies [agencies, or projects without any Federal funding] , that also require FHWA approvals and meet the definition of a highway project found at 23 CFR 773.103approvals. For these projects, ▇▇▇▇▇▇▇▇ TxDOT would not assume the NEPA responsibilities of other Federal agencies. However, Caltrans TxDOT may use or adopt other Federal agencies’ ' NEPA analyses consistent with 40 CFR parts 1500–15081500 -- 1508, and USDOT and FHWA regulations, policies, and guidance. E. Projects funded under a discretionary grant program whereby USDOT awards funding directly to a grantee. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any Federal Lands highway projects authorized under 23 U.S.C. 202, 202 and 203, and . B. Any highway projects authorized under 23 U.S.C. 204 unless such projects will be designed and constructed by Caltrans;TxDOT. B. C. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundariesboundaries [23 CFR 773.105(c)]. For purposes of this agreement agreement, a project is considered “"adjacent to international boundaries” " if it requires the issuance of a new new, or the modification of an existing existing, Presidential Permit by the U.S. Department of State. C. Any Federal-aid highway project that may be designed and constructed by the FHWA under a 23 U.S.C. 308 agreement between the FHWA Central Federal Lands Highway Division and Caltrans.

Highway Projects. 3.3.1 Except as provided by subpart 3.3.2 below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary's and FHWA’s responsibilities under subparts 3.1 and 3.2 above shall apply with respect to the environmental review, consultation, or other action pertaining to the environmental review or approval of the following classes of highway projects located within the State of CaliforniaTexas. The definition of “"highway project” " is found at 23 CFR 773.103, and for purposes of this MOU, “"highway project” " includes eligible preventative maintenance activities. TxDOT shall conduct any reevaluations required under 23 CFR 771.129 for projects for which construction was not completed prior to the date of the Original MOU, in accordance with the provisions of this MOU and the Original MOU. Prior to approving any CE determination under this MOUdetermination, FONSI, final EIS, or final EIS/ROD, the State of California shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP). A. Projects requiring an EIS, both on the state highway system (SHS) and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals. B. Projects qualifying for CEsa CE, both on the SHS and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to the 326 CE MOU. C. Projects requiring EAsan EA, both on the SHS and Local Assistance local government projects off the SHS that are funded by the FHWA or require FHWA approvals: D. Projects funded by other Federal agencies [agencies, or projects without any Federal funding] , that also require FHWA approvals and meet the definition of a highway project found at 23 CFR 773.103approvals. For these projects, ▇▇▇▇▇▇▇▇ TxDOT would not assume the NEPA responsibilities of other Federal agencies. However, Caltrans TxDOT may use or adopt other Federal agencies’ ' NEPA analyses consistent with 40 CFR parts 1500–15081500 -- 1508, and USDOT and FHWA regulations, policies, and guidance. E. Projects funded under a discretionary grant program whereby USDOT awards funding directly to a grantee. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any Federal Lands highway projects authorized under 23 U.S.C. 202, 202 and 203, and . B. Any highway projects authorized under 23 U.S.C. 204 unless such projects will be designed and constructed by Caltrans;TxDOT. B. C. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundariesboundaries [23 CFR 773.105(c)]. For purposes of this agreement agreement, a project is considered “"adjacent to international boundaries” " if it requires the issuance of a new new, or the modification of an existing existing, Presidential Permit by the U.S. Department of State. C. D. Any Federal-aid highway project that may be designed includes residential displacements via eminent domain. E. Any project that includes takings of conservation easements, wetlands, and/or parklands. 3.3.3 In consideration for the assignment of authority under this MOU, beyond the baseline requirements under federal law, TxDOT hereby expressly agrees to perform the following activities for all highway projects: A. For all projects studied under an Environmental Assessment or Environmental Impact Study, TxDOT agrees to fully assess and constructed by study all reasonable community-developed alternatives. B. TxDOT will start a new environmental review process after a project has been dormant for a period of more than three years. C. TxDOT will fully evaluate all impacts and displacements that have occurred over the life of the project. D. TxDOT will provide a timely report to project sponsors and the Texas Transportation Commission (TTC) summaries of public comments received during the course of NEPA-related comment periods and to provide summaries of public comments to the FHWA under prior to the issuance of a 23 U.S.C. 308 agreement between ROD. E. TxDOT will consider and use as part of its analysis, baseline and projected, Vehicle Miles Traveled (VMT) as a primary measure of transportation impacts, and include VMT in its analysis for all air quality and GHG analysis. VMT refers to the FHWA Central Federal Lands Highway Division amount and Caltransdistance of automobile travel attributable to a project. F. TxDOT will include the effects of the project on transit and non-motorized travel. Except when roadway capacity project impacts have been adequately addressed at a programmatic level, a project’s effect on automobile delay shall not constitute a significant environmental impact.

Highway Projects. 3.3.1 Except as provided by subpart 3.3.2 below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary’s responsibilities under subparts 3.1 and 3.2 above shall apply with respect to the environmental review, consultation, or other action pertaining to the review or approval of the following classes of highway projects located within the State of California. The definition of “highway project” is found at 23 CFR 773.103, and for purposes of this MOU, “highway project” includes eligible preventative maintenance activities. Prior to approving any CE determination under this MOU, FONSI, final EIS, or final EIS/ROD, the State of California shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP). A. Projects requiring an EIS, both on the state highway system (SHS) and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals. This assignment does not include the environmental review associated with the development and approval of the Draft EIS, Final EIS, and ROD for the following projects: i. District 1: Eureka/Arcata Corridor Improvement Caltrans will be responsible for any additional environmental review of this project after the expiration of the statute of limitations for this project in accordance with 23 U.S.C. 139 (l). B. Projects qualifying for CEs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to the June 7, 2013 23 USC 326 CE MOU. C. Projects requiring EAs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvalsapprovals with the exception of the following projects: i. District 5: Highway 1 Congestion Management–Santa ▇▇▇▇ HOV Lanes ii. District 9: Inyo–395 Olancha to Cartago ▇ ▇▇▇▇ Caltrans will be responsible for any additional environmental review of these projects after the expiration of the statute of limitations for these projects in accordance with 23 U.S.C. 139 (l). D. Projects funded by other Federal agencies [or projects without any Federal funding] that also require FHWA approvals and meet the definition of a highway project found at 23 CFR 773.103approvals. For these projects, ▇▇▇▇▇▇▇▇ Caltrans would not assume the NEPA responsibilities of other Federal agencies. However, Caltrans may use or adopt other Federal agencies’ NEPA analyses consistent with 40 CFR parts 1500–15081500—1508, and USDOT and FHWA regulations, policies, and guidance. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any highway projects authorized under 23 U.S.C. 202, 203, and 204 unless such projects will be designed and constructed by Caltrans;; and B. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this agreement a project is considered “adjacent to international boundaries” if it requires the issuance of a new or the modification of an existing Presidential Permit by the U.S. Department of State. C. Any Federal-aid highway project that may be designed and constructed by the FHWA under a 23 U.S.C. 308 agreement between the FHWA Central Federal Lands Highway Division and Caltrans.

Highway Projects. 3.3.1 Except as provided by subpart 3.3.2 below or otherwise specified in this subpart, the assignments and assumptions of the USDOT Secretary’s responsibilities under subparts 3.1 and 3.2 above shall apply with respect to the environmental review, consultation, or other action pertaining to the review or approval of the following classes of highway projects located within the State of California. The definition of “highway project” is found at 23 CFR 773.103, and for purposes of this MOU, “highway project” includes eligible preventative maintenance activities. Prior to approving any CE determination under this MOU, FONSI, final EIS, or final EIS/ROD, the State of California shall ensure and document that for any proposed project the design concept, scope, and funding are consistent with the current Transportation Improvement Plan (TIP), Regional Transportation Plan (RTP), or Metropolitan Transportation Plan (MTP). A. Projects requiring an EIS, both on the state highway system (SHS) and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals. B. Projects qualifying for CEs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals, and that do not qualify for assignment of responsibilities pursuant to the 326 CE MOU. C. Projects requiring EAs, both on the SHS and Local Assistance projects off the SHS that are funded by the FHWA or require FHWA approvals: D. Projects funded by other Federal agencies [or projects without any Federal funding] that also require FHWA approvals and meet the definition of a highway project found at 23 CFR 773.103. For these projects, ▇▇▇▇▇▇▇▇ Caltrans would not assume the NEPA responsibilities of other Federal agencies. However, Caltrans may use or adopt other Federal agencies’ NEPA analyses consistent with 40 CFR parts 1500–1508, and USDOT and FHWA regulations, policies, and guidance. 3.3.2 The following are specifically excluded from the list in subpart 3.3.1 of highway projects and classes of highway projects: A. Any highway projects authorized under 23 U.S.C. 202, 203, and 204 unless such projects will be designed and constructed by Caltrans; B. Any project that crosses State boundaries and any project that crosses or is adjacent to international boundaries. For purposes of this agreement a project is considered “adjacent to international boundaries” if it requires the issuance of a new or the modification of an existing Presidential Permit by the U.S. Department of State. C. Any Federal-aid highway project that may be designed and constructed by the FHWA under a 23 U.S.C. 308 agreement between the FHWA Central Federal Lands Highway Division and Caltrans.