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(1) Any state or local agency having the authority for planning or approving the construction of non-FHWA/FTA transportation project (including those by recipients of funds designated under Title 23 USC or the Federal Transit Act) shall ensure that the MPO and MDT are informed of project plans and plan changes on a timely basis. This requirement includes projects for which alternative locations, design concept and scope, or the no-build option are still being considered. Notice to the MPO and MDT must be in accordance with the following procedures:

(a) The agency planning or approving the project shall inform the MPO and MDT prior to obligating or expending funds for project design or construction or when the first consultation request following project concept identification is received from a responsible entity performing an action covered by this subchapter, whichever occurs first.

(b) Whenever the project information provided by an agency planning or approving a project is not adequate to determine whether the project is regionally significant or to perform a regional emissions analysis, the responsible entity shall coordinate with the agency planning or approving the project to reach agreement on significance and the assumptions about project parameters to be used in the responsible entity's analysis.

(c) If a project has not been disclosed to the responsible entity in accordance with (a) and is subsequently disclosed and determined to be regionally significant, the project must be deemed not to meet the requirements of 40 CFR 93.121 for adoption, approval, or funding.

History: 75-2-111, MCA; IMP, 75-2-202, MCA; NEW, 1996 MAR p. 2299, Eff. 8/23/96; AMD, 1999 MAR p. 1216, Eff. 6/4/99.

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