AUTHORIZATION TO PARTICIPATE IN CERTAIN FEDERAL TRANSPORTATION PROGRAMS

(a) The department may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties under other federal environmental laws. The department may: (1) assume responsibilities under 23 U.S.C. Sections 326 and 327; and (2) enter into one or more agreements, including memoranda of understanding, with the United States secretary of transportation related to: (A) designating categorical exclusions from federally required environmental assessments or impact statements for highway projects as provided by 23 U.S.C. Section 326; or (B) the federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects, as provided by 23 U.S.C. Section 327. (b) The commission may adopt rules to implement this section and may adopt relevant federal environmental standards as the standards for this state for a program described by Subsection (a). (c) Except as provided by Subsection (d), sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department under this section. (d) Subsection (c) does not create liability for the department that exceeds the liability created under 23 U.S.C. Section 326(c)(3) or 327(d).