| (a) Applicability. The United States Congress revised
49 U.S.C. §5309, with the passage of Moving Ahead for Progress
in the 21st Century (MAP-21). MAP-21 significantly changes the purpose
and eligible activities. This section applies only to subrecipients
receiving grants with funds appropriated under federal authorization
bills prior to the enactment of MAP-21.
(b) Purpose. Section 5309, Federal Transit Act (49
U.S.C. §5309), authorizes the Secretary of the U.S. DOT to make
capital investment grants.
(c) Eligible recipients. Section 5309 funds are available
to states and local public entities.
(d) Department role. The department acts as the designated
recipient for §5309 statewide grants. As the administering agency
the department will:
(1) develop application materials and disseminate information
to prospective applicants and other interested parties;
(2) allocate the available program funds in a fair
and equitable manner based on the purpose as specified in the grant;
(3) develop evaluation criteria and select projects
for funding so that:
(A) for vehicle replacement, each eligible subrecipient
will receive a proportional share of available funding based on the
remaining useful life of its fleet and the cost of replacing its fleet;
and
(B) for non-vehicle replacement, each eligible subrecipient
will receive a proportional share of available funding;
(4) prepare the state's funding application and submit
that material to the FTA for approval;
(5) negotiate and execute contracts with subrecipients;
(6) prepare requests for federal reimbursement and
process payment requests from subrecipients;
(7) monitor and evaluate the progress of local projects,
including compliance with federal regulations; and
(8) provide technical assistance to subrecipients as
necessary.
(e) Local share requirements. Section 5309 grants require
a federally mandated match amount as the local share. FTA program
funds cannot be used as the local share. Eligible match sources include
local or state programs, unrestricted federal funds, and transportation
development credits. Donations are eligible as local share if the
value is documented.
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| Source Note: The provisions of this §31.16 adopted to be effective August 14, 1989, 14 TexReg 3704; amended to be effective July 20, 1992, 17 TexReg 4891; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective February 21, 2008, 33 TexReg 1380; amended to be effective November 21, 2013, 38 TexReg 8253 |
