(a) To be eligible for consideration for inclusion in the Transportation Enhancement Program, a candidate project must:      
        (1) propose one or more transportation enhancement activities that have a relationship to the surface transportation system, yet go beyond activities customarily incorporated into transportation projects;       
        (2) consist of expenditures that conform to applicable provisions of state and federal laws;       
        (3) present persuasive evidence of support for the candidate project from the communities in which it would be implemented, to include a commitment to provide a cash amount of at least 20% of the allowable costs of the candidate project;       
        (4) propose to construct or enhance a facility from which all operational income will be used for the costs necessary for the proper operation and maintenance of the facility;       
        (5) be nominated for consideration by an eligible nominating entity in the manner prescribed in §11.207 of this subchapter (relating to Receipt of Nominations);       
        (6) be maintained and operated for the purpose for which it was approved and funded with federal-aid highway funds for a period of time commensurate with the project investment; and       
        (7) have at least 75% of the project's activities identified in the project description and budget of the nomination form deemed eligible for federal reimbursement (only eligible activities will be considered for funding).       
      (b) Projects which will require the acquisition of real property through the exercise of eminent domain by any entity are not eligible for participation in the Transportation Enhancement Program.     
      (c) Ineligible candidate projects may not be resubmitted for subsequent program calls without revision.     
      (d) Eligible candidate projects that were not selected in a previous program call may be resubmitted for subsequent program calls provided that they are submitted on the current form and with current supporting documentation.     
     Source Note:        The provisions of this §11.205 adopted to be effective December 8, 2011, 36 TexReg 8241