Agreement serves as a model for other States to accelerate construction on critical road and bridge infrastructure
WASHINGTON – U.S. Transportation Secretary Sean P. Duffy today announced the Federal Highway Administration (FHWA) has an agreement with the Texas Department of Transportation (TxDOT) to help the state build infrastructure projects faster. The agreement would allow Texas to take more ownership of environmental permitting requirements – cutting down on red tape so critical bridge and highway projects are started and completed faster. This Federal-State partnership will serve as a model for other states interested in implementing Secretary Duffy’s “America is Building Again” agenda.
“The Biden Administration added burdensome NEPA requirements like environmental justice initiatives that delayed progress on vital road and bridge projects. No wonder nothing got done!” said U.S. Transportation Secretary Sean P. Duffy. “This agreement is just another example of how our department is committed to America building again. If enacted, Texas’ new agreement will allow the state to tackle critical infrastructure bigger, better and faster.”
“Texas taking responsibility for the Federal environmental approval process has served to expedite transportation projects and reduce costs,” said TxDOT Executive Director Marc Williams. “This new agreement is a significant step forward by the Trump Administration to solidify a strong federal-state partnership and empower Texas to efficiently move projects forward.”
The agreement represents a higher degree of trust and autonomy with regards to Texas’ well-established environmental review program. Once finalized, the new agreement is expected to bolster TxDOT’s ongoing efforts to improve travel for motorists in the Lone Star State by shortening project development and advancing projects to construction such as the Downtown Interstate 10 in El Paso, the South Padre Island 2nd Bridge, the State Highway 36A in Houston and other similar projects.
You can read the Federal Register Notice requesting comments on the renewed agreement, outlined in a Memorandum of Understanding, here .
Background:
Under the FHWA National Environmental Policy Act (NEPA) Assignment Program, States are allowed to take full responsibility for environmental reviews in their State. TxDOT has participated in the program since 2014. In December 2023, TxDOT submitted its second renewal package. After reviewing the package and TxDOT’s overall performance in the program, the USDOT worked with TxDOT on several substantial changes to the MOU by TxDOT.
Key changes include:
- providing TxDOT with the ability to take on NEPA responsibilities for a longer time period of time: 10 years instead of five years;
- removing Biden-Buttigieg Administration project delivery hurdles, such as requiring a public notice of right to sue TxDOT under Title VI or file a Title VI complaint as well as environmental justice reporting;
- removing several additional reporting requirements, including those related to performance measures, an annual self-assessment, and monthly reporting;
- removing references to rescinded Council on Environmental Quality regulations;
- accelerating decision-making process by utilizing TxDOT’s existing internal system to document NEPA approval process that serves as FHWA notification of Texas’ NEPA decisions; and,
- excluding FHWA from being a party to programmatic agreements.
The Secretary has since determined that TxDOT has met all requirements for renewal of its participation in the Program and is proposing in the Federal Register notice to renew TxDOT’s participation for a new ten-year term.
Giving more NEPA authority back to the State is the latest in a series of actions by the USDOT to slash red tape and accelerate project delivery nationwide. This builds on a first-of-its-kind programmatic agreement with Connecticut that accelerated the review of individual transportation projects that may affect historic properties under Section 106 of the National Historic Preservation Act.
The agreement with TxDOT also underscores the Department’s commitment to empowering States to manage their own projects more efficiently and removing regulatory burdens that slow project delivery. By taking on NEPA responsibilities and other delegations, States are in the best position to implement their projects more efficiently with less bureaucratic red tape from Washington. The USDOT is encouraging State departments of transportation across the country to assume NEPA federal responsibilities in order to accelerate project delivery, lower project costs, and empower States.