| (a) The project sponsor may prepare an environmental
review document or documentation of categorical exclusion for a highway
project only if the highway project is:
(1) identified in the financially constrained portion
of:
(A) the approved state transportation improvement program;
or
(B) the approved unified transportation program; or
(2) identified in a commission order as being eligible
for participation under this subchapter or;
(3) not required to be included in the State Transportation
Improvement Program or the Unified Transportation Program under §16.103
or §16.105 of this title (relating to Statewide Transportation
Improvement Program (STIP) and Unified Transportation Program (UTP),
respectively).
(b) Notwithstanding subsection (a) of this section,
a local government may prepare an environmental review document or
documentation of categorical exclusion for a highway project that
is not identified in a program or by the commission as described by
subsection (a) of this section if:
(1) the local government pays a fee in an amount established
under §2.46 of this subchapter (relating to Optional Payment
of Fee by Local Government); and
(2) the department delegate designates the local government
as the project sponsor under §2.47 of this subchapter (relating
to Approval of Local Government as Project Sponsor).
(c) If a highway project is identified in the financially
constrained portion of the approved state transportation improvement
program or the approved unified transportation program on the date
that the department delegate approves the notice submitted by a local
government sponsor in accordance with §2.47 of this subchapter,
it will be treated as being identified in the respective program for
purposes of the department delegate's review under this subchapter
even if it is later removed from the respective program.
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