[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: 23CFR645.113]

[Page 203-204]
 
                           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. 645.113  Agreements and authorizations.

    (a) On Federal-aid and direct Federal projects involving utility 
relocations, the utility and the TD shall agree in writing on their 
separate responsibilities for financing and accomplishing the relocation 
work. When Federal participation is requested, the agreement shall 
incorporate this regulation by reference and designate the method to be 
used for performing the work (by contract or force account) and for 
developing relocation costs. The method proposed by the utility for 
developing relocation costs must be acceptable to both the TD and the 
FHWA. The preferred method for the development of relocation costs by a 
utility is on the basis of actual direct and related indirect costs 
accumulated in accordance with a work order accounting procedure 
prescribed by the applicable Federal or State regulatory body.
    (b) When applicable, the written agreement shall specify the terms 
and amounts of any contribution or repayments made or to be made by the 
utility to the TD in connection with payments by the TD to the utility 
under the provisions of Sec. 645.107 of this regulation.
    (c) The agreement shall be supported by plans, specifications when 
required, and itemized cost estimates of the work agreed upon, including 
appropriate credits to the project, and shall be sufficiently 
informative and complete to provide the TD and the FHWA with a clear 
description of the work required.
    (d) When the relocation involves both work to be done at the TD's 
expense and work to be done at the expense of the utility, the written 
agreement shall state the share to be borne by each party.
    (e) In the event there are changes in the scope of work, extra work 
or major changes in the planned work covered by the approved agreement, 
plans, and estimates, Federal participation shall be limited to costs 
covered by a modification of the agreement, a written change, or extra 
work order approved by the TD and the FHWA.
    (f) When proposed utility relocation and adjustment work on a 
project for a specific utility company can be clearly defined and the 
cost can be accurately estimated, the FHWA may approve an agreement 
between the TD and the utility company for a lump-sum payment without 
later confirmation by audit of actual costs.
    (g) Except as otherwise provided by Sec. 645.113(h), authorization 
by the FHWA to the STD to proceed with the physical relocation of a 
utility's facilities may be given after:
    (1) The utility relocation work, or the right-of-way, or physical 
construction phase of the highway construction work is included in an 
approved Statewide transportation improvement program,
    (2) The appropriate environmental evaluation and public hearing 
procedures required by 23 CFR part 771, Environmental Impact and Related 
Procedures, have been satisfied.
    (3) The FHWA has reviewed and approved the plans, estimates, and 
proposed or executed agreements for the utility work and is furnished a 
schedule for accomplishing the work.
    (h) The FHWA may authorize the physical relocation of utility 
facilities before the requirements of Sec. 645.113(g)(2) are satisfied 
when the relocation or adjustment of utility facilities meets the 
requirements of Sec. 645.107(i) of this regulation.
    (i) Whenever the FHWA has authorized right-of-way acquisition under 
the hardship and protective buying provisions of 23 CFR 710.503, the 
FHWA may authorize the physical relocation of utility facilities located 
in whole or in part on such right-of-way.
    (j) When all efforts by the TD and utility fail to bring about 
written agreement of their separate responsibilities under the 
provisions of this regulation, the STD shall submit its proposal and a 
full report of the circumstances to the FHWA. Conditional authorizations 
for the relocation work to proceed may be given by the FHWA to the STD 
with the understanding that Federal funds will not be paid for work done 
by the utility until the STD proposal has been approved by the FHWA.
    (k) The FHWA will consider for approval any special procedure under 
State law, or appropriate administrative or judicial order, or under 
blanket

[[Page 204]]

master agreements with the utilities, that will fully accomplish all of 
the foregoing objectives and accelerate the advancement of the 
construction and completion of projects.

[50 FR 20345, May 15, 1985, as amended at 60 FR 34850, July 5, 1995; 64 
FR 71289, Dec. 21, 1999; 65 FR 70311, Nov. 22, 2000]