1. Reimbursement. The department, in the course of delivering the federal surface transportation program, 23 United States Code § 133 (2005) may reimburse a National Register Historic District or the community in which the National Register Historic District is located for the portion of the cost to move or relocate overhead utilities underground to the extent that such payments by the department are eligible for reimbursement under the federal surface transportation program pursuant to 23 United States Code § 133(b)(8) (2005). To be eligible for this reimbursement, the project must be located in a National Register Historic District and on the National Highway System and may not increase the department’s cost or liability in complying with the National Historic Preservation Act, 16 United States Code §§ 470 to 470x-6 (2005) or with 49 United States Code § 303 (2005). For the purposes of this section, “National Register Historic District” means a district that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 United States Code §§ 470 to 470x-6 (2005).

2. Rules. The department may adopt rules necessary to implement this section. The rules must be consistent with any applicable federal regulations relating to the cost of relocation and with rules adopted pursuant to section 255. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.