SECTION 11.208. Nomination Documents

(a) The nomination shall consist of information necessary for project evaluation, and must include to the maximum extent practicable:

(1) a clear and concise description of the proposed enhancement as described by subsection (b) of this section;

(2) an implementation plan for the candidate project, including both a schedule of project activities and an itemized budget as described by subsection (c) of this section;

(3) a map delineating the location or locations of the candidate project, which should show project limits, highlight any areas of major work, and show all existing or proposed transportation facilities and associated real property;

(4) photographs of the existing project site;

(5) a site plan of the proposed construction and illustrations of the proposed work that includes the information described by subsection (d) of this section, if appropriate;

(6) documentation related to real property associated with the project as described by subsection (e) of this section;

(7) if construction is proposed, a description of how it would be accomplished, including estimated cost;

(8) a description of all expected benefits from the proposed enhancement, particularly those benefits pertaining to the surface transportation system that includes expected use of any facilities involved, and a comparison of current and projected demand for use of those facilities;

(9) appropriate documentary evidence of community involvement in development of the proposed enhancement and public support for it as described by subsection (f) of this section;

(10) a plan covering the operation and maintenance of the facility created by or benefiting from the enhancement as described by subsection (g) of this section;

(11) documentary evidence that the environmental consequences of the proposed enhancement have been fully considered, and that the proposed enhancement will comply with all applicable local, state, and federal environmental laws, regulations, and requirements, which must provide evidence sufficient to allow the department to determine the necessity for environmental studies;

(12) a written statement showing that the proposed enhancement is consistent with any long-range transportation plans for that area in which it would be implemented;

(13) for any enhancement activity that would be implemented within a metropolitan area, a letter from the MPO stating that, should funding for the candidate project be made available, the MPO will include the candidate project in the TIP for that area if the candidate project has not yet been included;

(14) for a project proposing the restoration or rehabilitation of historic sites or properties, documentary evidence from the Texas Historical Commission that the property or site is currently listed in or eligible for listing in the National Register of Historic Places;

(15) for a project proposing acquisition of scenic easements and scenic or historic sites, documentary evidence from the appropriate city, county, state, or national entity indicating official designation;

(16) for a project proposing environmental mitigation, documentary evidence from the Texas Commission on Environmental Qualify or the Texas Parks and Wildlife Department, as appropriate, indicating technical evaluation of the project;

(17) for a project proposing to encroach or cross railroad right of way, documentary evidence from the railroad granting a right of entry or an executed encroachment agreement; and

(18) for a project proposing to build facilities for bicycles, documentary evidence from the city or county stating that the project has been included in the entity's bicycle plan, if applicable, or the bicycle element of the transportation component of the entity's comprehensive plan.

(b) The description of the proposed enhancement must detail all work to be performed as part of the candidate project, the relationship between the proposed enhancement and the surface transportation system, any real property or easements required, any special land uses planned, and any relationships between the candidate project and any other work anticipated, planned, presently under way, or previously completed.

(c) The schedule of activities must indicate any circumstances known to the nominating entity that are likely to affect commencement of work on the candidate project or the time required to complete it, including environmental and historic issues. The budget must describe all proposed local financing of project costs and be accompanied by documentary evidence of the commitment of the nominating entity to pay those costs and of its ability to do so. The budget shall indicate that an appropriate amount has been included to cover costs for which reimbursement is being requested.

(d) If the candidate project is proposing restoration or rehabilitation work for a historic property, the site plan must include current and proposed floor plans for the property. The floor plan must indicate the proposed function to be served by each room.

(e) If real property is to be acquired, the real property documentation must include a written commitment from the current real property owner and a description of whether it is to be acquired through purchase, easement, or donation. The documentation must also include the estimated current fair market value of the property and proposed funding arrangements. The fair market value of real property shall be established as of the date the purchase becomes effective or when equitable title to the real property vests in the purchasing entity, whichever is earlier. If real property has already been acquired, a copy of the appropriate documents demonstrating ownership must be provided.

(f) At a minimum, evidence of community involvement must include a description of any opportunities for public participation, including public meetings, that were included in the process of selecting candidate projects by the nominating entity and a resolution or other official document from all of the governing bodies of any public authority with jurisdiction over the transportation-related activities located in the area in which the project will be implemented. The supporting document must state the governing body's support for the implementation of the proposed project, its recommendation that it be considered for funding, and, when appropriate, its commitment to provide a share of allowable project costs. For activities in metropolitan areas, one of these documents must be from the governing body of the MPO for that area.

(g) The plan covering the operation and maintenance of the facility must identify all parties responsible for operation and maintenance, estimate the annual cost to operate and maintain the facility, describe the source of those funds, identify all expected operational income from the facility, and describe the intended use of that income.

(h) A nominating entity may submit a written statement of the relative priority ranking assigned by the nominating entity to that candidate project among all candidate projects nominated by that entity for consideration in response to the current call for project nominations.

Source Note: The provisions of this §11.208 adopted to be effective December 8, 2011, 36 TexReg 8241