| (a) Planning activities. Under 23 C.F.R. Part 450,
an MPO is required to document planning activities in a unified planning
work program (UPWP) to indicate who will perform the work, the schedule
for completing it, and all products that will be produced. The department
is responsible for assisting in the development of the UPWP, approving
the format of work programs submitted by metropolitan planning organizations
(MPOs), and, where required by federal law or regulation, monitoring
an MPO's performance of activities and expenditure of funds under
a UPWP. Where monitoring is not required, the department is responsible
for reviewing an MPO's activities and expenditure of funds, and will
comment on and make suggestions relating to those activities and expenditures.
(1) Requirements. An MPO, in cooperation with the department
and public transportation operators as defined by 23 C.F.R. Part 450,
must annually or biennially develop a UPWP that meets federal requirements.
(2) UPWP development. The department will develop a
time line for development of the UPWP by the MPOs. Failure to adhere
to the time line may result in a delay in the authorization to the
MPOs to proceed in incurring costs.
(3) UPWP format. The department, in consultation with
the MPOs, shall develop a standard UPWP format to be used by all MPOs.
UPWPs submitted in a different format will not be approved.
(4) UPWP approval and revisions. The MPO policy board
must approve the UPWP and any subsequent revisions, and shall not
delegate the approval authority.
(5) Annual performance and expenditure report. To allow
the department to monitor work programs, the MPOs shall prepare and
submit to the department an annual performance and expenditure report
of progress no later than December 15 of each year. A uniform format
for the annual report will be established by the department, in consultation
with the MPOs.
(b) Funding. Federal transportation planning funds
are available to MPOs to develop the metropolitan transportation plans
and transportation improvement programs required by this subchapter.
Under 23 C.F.R. Part 420, the use of federal planning funds must be
documented by the MPO in a work program acceptable to the FHWA setting
out proposed work undertaken with federal planning funds and the estimated
cost of this work. A work program acceptable to the FTA and other
applicable federal agencies is required for planning activities involving
public transportation plans and programs.
(1) Requirements. The UPWP shall reflect transportation
planning work tasks to be funded by federal, state, or local transportation,
or transportation related (e.g. air quality) planning funds.
(2) Planning work eligibility. The use of federal metropolitan
transportation planning funds shall be limited to transportation planning
activities affecting the transportation system within the boundaries
of a designated metropolitan planning area. If an MPO determines that
data collection and analysis activities relating to land use, demographics,
or traffic or travel information, conducted outside its boundaries,
affects the transportation system within its boundaries, then those
activities may be undertaken using federal planning funds, if the
activities are specifically identified in an approved UPWP. Any other
costs incurred for transportation planning activities outside the
boundaries of a designated metropolitan planning area are not eligible
for reimbursement.
(3) Authorization for travel outside the state. The
department will approve proposed travel outside the State of Texas
by MPO staff and other agencies participating in the MPO planning
process if the travel is funded with federal transportation planning
funds. The MPO must receive approval prior to incurring any costs
associated with the actual travel (e.g., registration fee). This provision
will not apply if the travel is at the request of the department.
Travel to the State of Arkansas by the Texarkana MPO staff and travel
to the State of New Mexico by the El Paso MPO staff shall be considered
in-state travel.
(4) Reimbursement of travel costs of elected officials.
The cost of travel incurred by elected officials serving on an MPO
policy board is eligible for reimbursement with federal transportation
planning funds if the costs are:
(A) specifically related to a federal award, including
a grant, cost reimbursement contract, or other agreement between a
state, local, or Indian tribal government and the federal government;
(B) necessary and reasonable for the proper and efficient
performance and administration of the federal award;
(C) not prohibited under:
(i) federal lobbying restrictions; or
(ii) state or local laws or regulations; and
(D) approved by the awarding federal agency prior to
incurring any costs associated with the actual travel.
(5) Funding limitations. The use of federal transportation
planning funds is limited to corridor/subarea level planning or multimodal
or systemwide transit planning studies, unless otherwise authorized
by federal law or regulation.
(6) Department approval of costs. The MPO shall not
incur any costs for work outlined in the UPWP or any subsequent amendments
(i.e., adding new work tasks or changing the scope of existing work
tasks) prior to receiving approval from the department. Any costs
incurred prior to receiving department approval are not eligible for
reimbursement from federal transportation planning funds.
(7) Expenditure limitations. Costs incurred by the
MPO shall not exceed the total budgeted amount of the UPWP without
prior approval of the MPO policy board and the department. Costs incurred
on individual work tasks shall not exceed that task budget by 25 percent
without prior approval of the MPO policy board and the department.
If the costs exceed 25 percent of the task budget, the UPWP shall
be revised, approved by the MPO policy board, and submitted to the
department for approval.
(8) Distribution of funds. The department will make
available to MPOs all federal metropolitan planning funds and provide
the required non-federal match as authorized by the commission. The
department will distribute federal transportation planning funds to
the MPOs based on a formula developed by the department, in consultation
with the MPOs, and approved by FHWA, FTA, and other applicable federal
agencies.
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