23 C.F.R. Subpart G—Advance Construction of Federal-Aid Projects
Title 23 - Highways
Source: 60 FR 36993, July 19, 1995, unless otherwise noted.
The purpose of this subpart is to prescribe procedures for advancing the construction of Federal-aid highway projects without obligating Federal funds apportioned or allocated to the State. (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. (a) An advance construction project shall meet the same requirements and be processed in the same manner as a regular Federal-aid project, except, (1) The FHWA authorization does not constitute any commitment of Federal funds on the project, and (2) The FHWA shall not reimburse the State until the project is converted under §630.709. (b) Project numbers shall be identified by the letters “AC” preceding the regular project number prefix. [60 FR 36993, July 19, 1995, as amended at 68 FR 60033, Oct. 21, 2003]
Title 23: Highways
PART 630—PRECONSTRUCTION PROCEDURES
Subpart G—Advance Construction of Federal-Aid Projects
§ 630.701 Purpose.
§ 630.703 Eligibility.
§ 630.705 Procedures.
§ 630.707 [Reserved]
§ 630.709 Conversion to a regular Federal-aid project.
(a) The SHA may submit a written request to the FHWA that a project be converted to a regular Federal-aid project at any time provided that sufficient Federal-aid funds and obligation authority are available.
(b) Subsequent to FHWA approval the SHA may claim reimbursement for the Federal share of project costs incurred, provided the project agreement has been executed. If the SHA has previously submitted a final voucher, the FHWA will process the voucher for payment.
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