23 C.F.R. Subpart C—Implementation and Management of the Highway Safety Program
Title 23 - Highways
Except as otherwise provided in this subpart and subject to the provisions herein, the requirements of 49 CFR part 18 and applicable cost principles govern the implementation and management of State highway safety programs carried out under 23 U.S.C. 402. Cost principles include those referenced in 49 CFR 18.22 and those set forth in applicable Department of Transportation, NHTSA, or FHWA Orders. (a) Title. Except as provided in paragraphs (e) and (f) of this section, title to equipment acquired under the Section 402 program will vest upon acquisition in the State or its subgrantee, as appropriate. (b) Use. All equipment shall be used for the originally authorized grant purposes for as long as needed for those purposes, as determined by the Approving Official, and neither the State nor any of its subgrantees or contractors shall encumber the title or interest while such need exists. (c) Management and disposition. Subject to the requirement of paragraphs (b), (d), (e) and (f) of this section, States and their subgrantees and contractors shall manage and dispose of equipment acquired under the Section 402 program in accordance with State laws and procedures. (d) Major Purchases and dispositions. All purchases and dispositions of equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must receive prior written approval from the Approving Official. (e) Right to transfer title. The Approving Official may reserve the right to transfer title to equipment acquired under the Section 402 program to the Federal Government or to a third party when such third party is otherwise eligible under existing statutes. Any such transfer shall be subject to the following requirements: (1) The equipment shall be identified in the grant or otherwise made known to the State in writing; (2) The Approving Official shall issue disposition instructions within 120 calendar days after the equipment is determined to be no longer needed in the Section 402 program, in the absence of which the State shall follow the applicable procedures in 49 CFR part 18. (f) Federally-owned equipment. In the event a State or its subgrantee is provided Federally-owned equipment: (1) Title shall remain vested in the Federal Government; (2) Management shall be in accordance with Federal rules and procedures, and an annual inventory listing shall be submitted; (3) The State or its subgrantee shall request disposition instructions from the Approving Official when the item is no longer needed in the Section 402 program. States shall provide documentary evidence of any reallocation of funds between program areas by submitting to the NHTSA regional office an amended HS form 217 (or its electronic equivalent), reflecting the changed allocation of funds, within 30 days of implementing the change. [62 FR 34402, June 26, 1997, as amended at 64 FR 40764, July 28, 1999] Each State shall submit official vouchers for total expenses incurred to the Approving Official. Copies of the project agreement(s) and supporting documentation for the vouchers, and any amendments thereto, shall be made available for review by the Approving Official upon request. (a) Content of vouchers. At a minimum, each voucher shall provide the following information for expenses claimed in each program area: (1) Program Area; (2) Federal funds obligated; (3) Amount of Federal funds allocated to local benefit (provided mid-year (by March 31) and with the final voucher); (4) Cumulative Total Cost to Date; (5) Cumulative Federal Funds Expended; (6) Previous Amount Claimed; (7) Amount Claimed this Period; (8) Matching rate (or Special matching writeoff used, i.e., sliding scale rate authorized under 23 U.S.C. 120(a), determined in accordance with the applicable NHTSA Order). (b) Submission requirements. At a minimum, vouchers shall be submitted to the Approving Official on a quarterly basis, no later than 15 working days after the end of each quarter, except that where a State receives funds by electronic transfer at an annualized rate of one million dollars or more, vouchers shall be submitted on a monthly basis, no later than 15 working days after the end of each month. Failure to meet these deadlines may result in delayed reimbursement. (a) Inclusions. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under the grant agreement, and from payments of principal and interest on loans made with grant funds. (b) Exclusions. Program income does not include interest on grant funds, rebates, credits, discounts, refunds, taxes, special assessments, levies, fines, proceeds from the sale of real property or equipment, income from royalties and license fees for copyrighted material, patents, and inventions, or interest on any of these. (c) Use of program income.—(1) Addition. Program income shall ordinarily be added to the funds committed to the Highway Safety Plan. Such program income shall be used to further the objectives of the program area under which it was generated. (2) Cost sharing or matching. Program income may be used to meet cost sharing or matching requirements only upon written approval of the Approving Official. Such use shall not increase the commitment of Federal funds. If a review of the Annual Report required under §1200.33 of this part or of other relevant information indicates little or no progress toward meeting State goals, the Approving Official and State officials will jointly develop an improvement plan. This plan will detail strategies, program activities, and funding targets to meet the defined goals. Where a State is found to be in non-compliance with the requirements of the Section 402 program or with applicable law, the special conditions for high-risk grantees and the enforcement procedures of 49 CFR part 18, or the sanctions procedures of part 1206 of this chapter, may be applied as appropriate. Review of any written decision by an Approving Official under this part may be obtained by submitting a written appeal of such decision, signed by the Governor's Representative for Highway Safety, to the Approving Official. Such appeal shall be forwarded promptly to the NHTSA Associate Administrator for State and Community Services or the FHWA Regional Administrator with jurisdiction over the specific division, as appropriate. The decision of the NHTSA Associate Administrator or FHWA Regional Administrator shall be final and shall be transmitted to the Governor's Representative for Highway Safety through the cognizant Approving Official.
Title 23: Highways
PART 1200—UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS
Subpart C—Implementation and Management of the Highway Safety Program
§ 1200.20 General.
§ 1200.21 Equipment.
§ 1200.22 Changes.
§ 1200.23 Vouchers and project agreements.
§ 1200.24 Program income.
§ 1200.25 Improvement plan.
§ 1200.26 Non-compliance.
§ 1200.27 Appeals.
