[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR630.307]

[Page 148-149]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 630--PRECONSTRUCTION PROCEDURES--Table of Contents
 
                      Subpart C--Project Agreements
 
Sec. 630.307  Agreement provisions.

    (a) The State, through its highway agency, accepts and agrees to 
comply with the applicable terms and conditions set forth in title 23, 
United States Code, Highways, the regulations issued pursuant thereto, 
the policies and procedures promulgated by the FHWA relative to the 
designated project in which the FHWA authorized certain work to proceed, 
and all other applicable Federal laws and regulations.
    (b) Federal funds obligated for the project must not exceed the 
amount agreed to on the project agreement, the balance of the estimated 
total cost being an obligation of the State. Such obligation of Federal 
funds extends only to project costs incurred by the State after the FHWA 
authorization to proceed with the project involving such costs.
    (c) The State must stipulate that as a condition to payment of the 
Federal funds obligated, it accepts and will comply with the following 
applicable provisions:
    (1) Project for acquisition of rights-of-way. In the event that 
actual construction of a road on this right-of-way is not undertaken by 
the close of the twentieth fiscal year following the fiscal year in 
which the project is authorized, the SHA will repay to the FHWA the sum 
or sums of Federal funds paid to the highway agency under the terms of 
the agreement.
    (2) Preliminary engineering project. In the event that right-of-way 
acquisition for, or actual construction of, the road for which this 
preliminary engineering is undertaken is not started by the close of the 
tenth fiscal year following the fiscal year in which the project is 
authorized, the SHA will repay to the FHWA the sum or sums of Federal 
funds paid to the highway agency under the terms of the agreement.
    (3) Drug-free workplace certification. By signing the project 
agreement, the SHA agrees to provide a drug-free workplace as required 
by 49 CFR part 29, subpart F. In signing the project agreement, the 
State is providing the certification required in appendix C to

[[Page 149]]

49 CFR part 29, unless the State provides an annual certification.
    (4) Suspension and debarment certification. By signing the project 
agreement, the SHA agrees to fulfill the responsibility imposed by 49 
CFR 29.510 regarding debarment, suspension, and other responsibility 
matters. In signing the project agreement, the State is providing the 
certification for its principals required in appendix A to 49 CFR part 
29.
    (5) Lobbying certification. By signing the project agreement, the 
SHA agrees to abide by the lobbying restrictions set forth in 49 CFR 
part 20. In signing the project agreement, the State is providing the 
certification required in appendix A to 49 CFR part 20.