| (a) Applicability. This section applies to a local
government that proposes to be designated the project sponsor for
a highway project and also proposes to pay to the department a fee
to cover the cost to review an environmental review document or documentation
of categorical exclusion.
(b) Effect of payment. Payment of a fee under this
section allows a project sponsor that is a local government to prepare,
and the department to review, an environmental review document or
documentation of categorical exclusion for a highway project that
does not meet the requirements of §2.42(a) of this subchapter
(relating to Environmental Review Limited to Certain Projects). The
department may not defer under §2.51 of this subchapter (relating
to Deferral of Review) its review of an environmental review document
or documentation of categorical exclusion for which a local government
has paid a fee under this section.
(c) Determination of fee. The amount of the fee will
be determined in accordance with this subsection.
(1) The local government will indicate on its proposed
project scope submitted to the department delegate under §2.44
of this subchapter (relating to Project Scope) whether it is requesting
calculation of an optional fee.
(2) If calculation of the fee is requested by a local
government, the department delegate will determine the fee for the
review of the environmental review document or documentation of categorical
exclusion based on the department's estimate of the actual cost of
reviewing the document.
(3) The department delegate will provide the local
government with written notice of the calculated fee not later than
the date the department delegate provides its proposed project scope.
(d) Timing of payment. A local government must pay
to the department any fee under this section before the department
delegate may finally approve the project scope prepared under §2.44
of this subchapter.
(e) Recalculation of fee. The department will recalculate
the fee if, at any time, there are changes to the project description
or the project classification that significantly increase the department's
actual cost of reviewing the environmental review document or documentation
of categorical exclusion. The local government shall pay to the department
any cost increases calculated under this subsection.
(f) Deposit and use. A fee received by the department
under this section will be deposited in the state highway fund and
used to pay costs incurred under this subchapter.
(g) Additional payment; return of excess funds. If
the department determines that the actual cost of reviewing a document
was more than the fee collected, the local government will submit
the additional payment to the department. If the department determines
that the fee collected is in excess of the actual cost of reviewing
a document, the excess funds paid by the local government shall be
returned.
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