| (a) This section applies only to an MPO serving an
urbanized area with a population over 200,000 and the award of TA
Set-Aside funds suballocated for such an urbanized area.
(b) The MPO, in consultation with the department, shall
develop a competitive process to allow project sponsors to submit
project applications for funding that achieve the objectives of the
TA Set-Aside Program.
(c) The MPO shall coordinate determinations regarding
project eligibility, subject to audit by the FHWA.
(d) The MPO, in consultation with the department, shall
conduct project selection in accordance with all applicable federal
and state laws and regulations.
(e) The MPO, in consultation with the department, shall
include the department's direct state costs for oversight of preliminary
engineering and construction in TA Set-Aside project awards.
(f) Following the conclusion of the competitive process,
the MPO shall provide to the department a list of all projects submitted
during the program call on which the selected projects are identified,
and immediately shall begin the process required to include the selected
projects in its TIP.
(g) The project sponsor shall conduct project implementation
in accordance with all applicable federal and state laws and regulations.
(h) If a project is located on state right-of-way,
the project sponsor is responsible for securing a land-use permit
from the department prior to construction.
(i) A project sponsor requesting an adjustment to the
minimum local funding match requirements based on the county's status
as an economically disadvantaged county is required to obtain written
authorization from the department, in the form prescribed by the department,
and must include the form with the application submitted to the MPO.
If an adjustment is granted, the adjustment percentage in effect for
the county at the time the application is submitted to the MPO will
be used. The county must remain eligible for the adjustment until
the date the project sponsor enters into the local agreement.
(j) Projects, or substantially similar projects, submitted
during a program call administered by the MPO are not eligible for
consideration under a concurrent program call administered by the
department.
(k) Not later than November 15 of each year, the MPO
shall submit to the department a report that describes:
(1) the number of project applications received by
the MPO for the preceding federal fiscal year (the period of October
1 through September 30), including the aggregate cost of the projects
for which applications are received and the types of projects to be
carried out, expressed as percentages of the MPO's total apportionment
for TA Set-Asides; and
(2) the number of projects selected for funding by
the MPO for the preceding federal fiscal year, including the aggregate
cost and location of projects selected.
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