23 C.F.R. § 630.703 Eligibility.
Title 23 - Highways
(a) The State Highway Agency (SHA) may proceed with a highway substitute, congestion mitigation and air quality improvement program, surface transportation program, bridge replacement and rehabilitation, or planning and research project in accordance with this subpart, provided the SHA: (1) Has obligated all funds apportioned or allocated to it under 23 U.S.C. 103(e)(4)(H), 104(b)(2), 104(b)(3), 104(f), 144, or 307, as the case may be for the proposed project, or (2) Has used all obligation authority distributed to it, or (3) Demonstrates that it will use all obligation authority distributed to it. (b) The SHA may proceed with a National Highway System (NHS) or Interstate project in accordance with this subpart without regard to apportionment or obligation authority balances. Interstate projects include Interstate construction and Interstate maintenance.
Title 23: Highways
PART 630—PRECONSTRUCTION PROCEDURES
Subpart G—Advance Construction of Federal-Aid Projects
§ 630.703 Eligibility.