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23 U.S.C. 106, 109, 112, 115, 315, and 402(a); sec. 1110, 1501, and 1503, Pub. L. 109-59, 119 Stat. 1144; Pub. L. 105-178, 112 Stat. 193; Pub. L. 104-59, 109 Stat. 582; Pub. L. 97-424, 96 Stat. 2106; Pub. L. 90-495, 82 Stat. 828; Pub. L. 85-767, 72 Stat. 896; Pub. L. 84-627, 70 Stat. 380; sections 1303 and 1405, Pub. L. 112-141, 126 Stat. 405; and 23 CFR 1.32 and 49 CFR 1.81 and 1.85.
60 FR 36993, July 19, 1995, unless otherwise noted.
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(a) The State Department of Transportation (DOT) may proceed with a project authorized in accordance with title 23, United States Code:
(1) Without the use of Federal funds; and
(2) In accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
(i) With the aid of Federal funds previously apportioned or allocated to the State; or
(ii) With obligation authority previously allocated to the State.
(b) The FHWA, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.
[73 FR 50196, Aug. 26, 2008]