[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: 23CFR645.103]

[Page 199]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645--UTILITIES--Table of Contents
 
     Subpart A--Utility Relocations, Adjustments, and Reimbursement
 
Sec. 645.103  Applicability.

    (a) The provisions of this regulation apply to reimbursement claimed 
by a State transportation department (STD) for costs incurred under an 
approved and properly executed transportation department (TD)/utility 
agreement and for payment of costs incurred under all Federal Highway 
Administration (FHWA)/utility agreements.
    (b) Procedures on the accommodation of utilities are set forth in 23 
CFR part 645, subpart B, Accommodation of Utilities.
    (c) When the lines or facilities to be relocated or adjusted due to 
highway construction are privately owned, located on the owner's land, 
devoted exclusively to private use and not directly or indirectly 
serving the public, the provisions of the FHWA's right-of-way procedures 
in 23 CFR 710.203, apply. When applicable, under the foregoing 
conditions, the provisions of this regulation may be used as a guide to 
establish a cost-to-cure.
    (d) The FHWA's reimbursement to the STD will be governed by State 
law (or State regulation) or the provisions of this regulation, 
whichever is more restrictive. When State law or regulation differs from 
this regulation, a determination shall be made by the STD subject to the 
concurrence of the FHWA as to which standards will govern, and the 
record documented accordingly, for each relocation encountered.
    (e) For direct Federal projects, all references herein to the STD or 
TD are inapplicable, and it is intended that the FHWA be considered in 
the relative position of the STD or TD.

[50 FR 20345, May 15, 1985, as amended at 64 FR 71289, Dec. 21, 1999]