[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: 23CFR633.206]

[Page 154-155]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 633--REQUIRED CONTRACT PROVISIONS--Table of Contents
 
        Subpart B--Federal-Aid Contracts (Appalachian Contracts)
 
Sec. 633.206  Project agreements.

    (a) Project agreements executed for projects under the Appalachian 
program shall contain the following paragraphs:
    (1) ``For projects constructed under section 201 of the Appalachian 
Regional

[[Page 155]]

Development Act of 1965, as amended, the State highway department agrees 
to comply with all applicable provisions of said Act, regulations issued 
thereunder, and policies and procedures promulgated by the Appalachian 
Regional Commission, and the Federal Highway Administration. Inasmuch as 
a primary objective of the Appalachian Regional Development Act of 1965 
is to provide employment, the State highway department further agrees 
that in addition to the other applicable provisions of title 49, Code of 
Federal Regulations, part 21, Sec. 21.5(c)(1), and paragraphs (2)(iii) 
and (2)(v) of appendix C thereof, shall be applicable to all employment 
practices in connection with this project, and to the State's employment 
practices with respect to those employees connected with the Appalachian 
Highway Program.''
    (2) ``For projects constructed on a section of an Appalachian 
development route not already on the Federal-aid Primary System, the 
State highway department agrees to add the section to the Federal-aid 
Primary System prior to, or upon completion of, construction 
accomplished with Appalachian funds.''
    (b) For prefinanced projects, the following additional provision 
shall be incorporated into the project agreement: ``Project for 
Construction on the Appalachian Development Highway System in Advance of 
the Appropriation of Funds. This project, to be constructed pursuant to 
subsection 201(h) of the Appalachian Regional Development Act Amendments 
of 1967, will be constructed in accordance with all procedures and 
requirements and standards applicable to projects on the Appalachian 
Development Highway System financed with the aid of Appalachian funds. 
No obligation of Appalachian funds is created by this agreement, its 
purpose and intent being to provide that, upon application by the State 
highway department, and approval thereof by the Federal Highway 
Administration, any Appalachian development highway funds made available 
to the State by the Appalachian Regional Commission subsequent to the 
date of this agreement may be used to reimburse the State for the 
Federal share of the cost of work done on the project.''