| (a) Notice of Intent.
(1) For a local government that does not pay an optional
fee under §2.46 of this subchapter (relating to Optional Payment
of Fee by Local Government), its provision of a proposed project scope
to the department delegate will serve as the local government's notice
that it intends to be the project sponsor under Transportation Code, §201.755.
(2) For a local government that pays an optional fee
under §2.46 of this subchapter, its payment of the fee serves
as the local government's notice that it intends to be a project sponsor
under Transportation Code, §201.755.
(b) Determination. The department delegate will, in
its sole discretion, determine whether the local government may be
designated the project sponsor based on the nature and extent of the
local government's and the department's involvement in the project,
and whether the local government possesses the required resources
and a demonstrated ability to prepare the environmental review document
or documentation of categorical exclusion and perform related tasks.
If the department delegate agrees that the local government may be
the project sponsor, it will issue its decision in writing in the
project scope prepared under §2.44 of this subchapter (relating
to Project Scope). If the department delegate determines that the
local government may not be the project sponsor, it will provide the
reasons for its decision in writing.
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