1. (a) Purpose. Section 5305, Federal Transit Act, (49 USC §5305), authorizes the Secretary of the U.S. DOT to make grants to benefit MPOs to support the development of transportation plans and programs as defined in §5305. Funds apportioned to the states for this purpose must be allocated to the MPOs.
2. (b) Eligible recipients. Section 5303 funds are available only to MPOs. Other entities may participate in the program through contracts with MPOs.

3. (c) Department role. The department acts as the designated recipient for Section 5303 metropolitan planning grants. As the administering agency the department will:

   1. (1) allocate the available program funds using the latest census data for the population of the urbanized area served by the MPO, so that all MPOs receive funds based on the ratio of each MPO's population to the total population of all MPOs, except that:

      1. (A) any MPO that would otherwise receive less than an established minimum threshold amount will have its funding level adjusted upward to that amount; and
      2. (B) to the maximum extent practical no MPO will be allocated less than the amount it received by administrative formula at the time of the last decennial census;
   2. (2) prepare the state's funding application in conjunction with the state's application for a Section 5304 grant and submit the material to the FTA for approval;
   3. (3) execute contracts with MPOs;
   4. (4) prepare requests for federal reimbursement and process payment requests from MPOs;
   5. (5) monitor and evaluate the progress of annual work programs, including compliance with federal regulations; and
   6. (6) provide technical assistance as necessary.
4. (d) Local share requirements. Section 5303 grants require a 20% match as the local share. U.S. DOT program funds cannot be used as the local share. Eligible match sources include local or state programs or unrestricted federal funds. In-kind services, volunteer services, and donations are eligible as local share if the value is documented.

Source Note:The provisions of this §31.21 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.