National Environmental Policy Act (NEPA) assignment documentation

The Surface Transportation Project Delivery Program (23 U.S. Code 327) allows the Secretary of Transportation to assign and a state to assume the Secretary's responsibilities under the National Environmental Policy Act and other environmental laws for surface transportation projects. This program is called NEPA assignment. NEPA assignment streamlines the federal environmental review process by eliminating project-specific review and approval by a U.S. Department of Transportation Operating Administration, and provides a participating state specific review and approval authority.

TxDOT officially entered the Federal Highway Administration (FHWA) NEPA assignment program on Dec. 16, 2014. On Dec. 9, 2019, FHWA signed a first renewed MOU extending TxDOT’s participation in the NEPA assignment program for an additional five years, and on July 17, 2025, the U.S. Department of Transportation signed a second renewed MOU extending TxDOT’s participation in the FHWA NEPA assignment program for an additional ten years.

The assigned responsibilities are subject to the same procedural and substantive requirements as previously applied to FHWA. Therefore, under NEPA assignment, TxDOT is responsible for complying with all applicable federal environmental laws and FHWA NEPA regulations, policies and guidance. Further, TxDOT is legally responsible and liable for decisions made under NEPA assignment. The assignment program does not preempt or interfere with any power, jurisdiction, responsibility or authority of an agency, excluding FHWA, under applicable law and regulations.

TxDOT has seen overall project development improvements through being part of the FHWA NEPA assignment program. Some of the highlights include:

• Faster environmental review and approval times.
• Improved program guidance, policies and procedures.
• Improved understanding of the process for agencies, local governments and the public.
• Improved training program.
• Improved program efficiencies.
• Greater accountability through internal monitoring and FHWA program audits.

In 2026, TxDOT began preparing to apply for participation in the Federal Railroad Administration’s NEPA assignment program (see draft application below). Comments on TxDOT’s draft FRA NEPA assignment application may be submitted with the subject line “Comments on TxDOT’s FRA NEPA assignment application.” Comments may also be submitted by mail to Environmental Affairs Division, Texas Department of Transportation, 6230 E Stassney Ln, Austin, Texas 78744, Attn: Patrick Lee. Any comments on TxDOT’s draft FRA NEPA assignment application must be received on or before Nov. 16, 2026 to be considered.

For more information email the Environmental Affairs Division.