(a) The department will submit all requests to FHWA for reimbursement of allowable costs. When the department implements appropriate projects through or in cooperation with other entities, those entities will request reimbursement from the department of allowable costs they incur using the forms and procedures specified by the department.
(b) If the nominating entity does not complete the project as originally approved, the department may seek reimbursement of the expended federal funds from the nominating entity. If at any time the nominating entity can no longer maintain and operate the project for its intended purpose, the nominating entity will return the federal share to the Transportation Enhancement Program in accordance with the federal recapture procedures set forth in Title 49, Code of Federal Regulations, §18.31.
(c) For locally administered projects, the entire project cost is borne by the nominating entity until reimbursement can be obtained from FHWA for eligible activities. For projects administered by the department, the nominating entity must provide the local cash match prior to the commencement of project activities.

Source Note: The provisions of this §11.218 adopted to be effective December 8, 2011, 36 TexReg 8241