Iowa Administrative Code › Agency 761 - Transportation Department › Special Highway Programs › Chapter 163 - Rise Program › Rule 761-163.9 - Advance Eligibility of Land Acquisition and Preliminary Design Costs Incurred Prior to Funding Commitment by Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Need for advance
				eligibility.
If there is extreme urgency involving land acquisition or
				preliminary design and a necessity to protect or preserve a project corridor or
				to proceed with the preparation of project construction plans prior to a RISE
				funding commitment, a potential applicant may submit a written request to the
				department for a determination of advance eligibility to incur costs for land
				acquisition or preliminary design immediately. A determination of advance
				eligibility by the department will allow specified costs incurred prior to a
				funding commitment by the commission to be eligible for reimbursement with RISE
				funding without jeopardizing the project's eligibility for funding approval,
				but does not imply or guarantee that the commission will commit RISE funding to
				a subsequent application.
(2)
Request, justification and review.
The request must be
				received by the department prior to the expenditure and must include
				justification regarding the extreme urgency and necessity to incur costs prior
				to a RISE funding commitment. A request for land acquisition must also include
				a description of the land to be acquired, a summary of the estimated costs, and
				a map showing the parcels to be acquired. Preliminary design requests must
				include a description of the project scope, location map, and proposed cross
				section. If the request will include consultant design costs, a draft agreement
				between the jurisdiction and the consultant must be submitted which includes
				the scope of services to be rendered. Costs for RISE application preparation
				and submission or project feasibility, route alignment studies or other
				planning expenses as cited in paragraphs 163.8(2)
"e"
and
"f"
remain ineligible for RISE funding and shall not be
				included in a request for determination of advance eligibility. The department
				will review the submittal. If the requirements of this rule are met, the
				department will provide written confirmation of the determination of advance
				eligibility.
(3)
Requirements.
Any cost incurred before the request is received
				by the department will be ineligible for reimbursement. Costs receiving a
				determination of advance eligibility must be noted in the subsequent RISE
				funding application submitted to the department. Land acquired or design work
				completed following a determination of advance eligibility will not be eligible
				for reimbursement with RISE funds if the property acquired or design work
				completed is not necessary to construct the proposed RISE project included in
				the subsequent application. Design costs receiving a determination of advance
				eligibility may not exceed 10 percent of the total construction costs for the
				project. An application for funding which includes the expenditure must be
				received by the department within two years following the determination of
				advance eligibility, or the costs may become ineligible for RISE
				funding.