(a) This section describes allowable costs related to the Transportation Enhancement Program. Allowable costs are the necessary construction-related project expenditures incurred after federal and state authorization to proceed and otherwise eligible for reimbursement under applicable statutes and regulations.
(b) Generally, the costs of preliminary engineering (including planning, design, and plans, specifications, and estimates) are not allowable costs.
(c) Planning costs are allowable only for activities related to the provision of safety and educational activities for pedestrians and bicyclists, scenic or historic highway programs, control and removal of outdoor advertising, and archeological planning and research.
(d) The cost of right of way acquisition is allowable only for activities related to the acquisition of scenic easements and scenic or historic sites.
(e) The cost of environmental mitigation is allowable only for activities related to environmental mitigation to address water pollution due to highway runoff, reduce vehicle caused wildlife mortality while maintaining habitat connectivity, and asbestos or lead paint removal or containment, when it is required for the rehabilitation of an eligible project.
(f) Project costs incurred by the department are reimbursable. All other pre-construction costs are the responsibility of the nominating entity.
(g) Expenditures for routine operation and maintenance are not allowable costs unless specifically allowed under the individual federal category for which the project must qualify.

Source Note: The provisions of this §11.202 adopted to be effective December 8, 2011, 36 TexReg 8241