[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR420.115]

[Page 86]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 420--PLANNING AND RESEARCH PROGRAM ADMINISTRATION--Table of Contents
 
      Subpart A--Administration of FHWA Planning and Research Funds
 
Sec. 420.115  Approval and authorization procedures.

    (a) The STA and its subrecipients shall obtain work program approval 
and authorization to proceed prior to beginning work on activities in 
the work program. Such approvals and authorizations should be based on 
final work program documents. The STA and its subrecipients also shall 
obtain prior approval for budget and programmatic changes as specified 
in 49 CFR 18.30 and for those items of allowable costs which require 
prior approval in accordance with the applicable cost principles 
specified in 49 CFR 18.22.
    (b) Except for advance construction, authorization to proceed with 
the work program(s) in whole or in part shall be deemed a contractual 
obligation of the Federal Government pursuant to 23 U.S.C. 106 and shall 
require that appropriate funds be available for the full Federal share 
of the cost of work authorized. Those STAs that do not have sufficient 
FHWA planning and research funds or obligation authority available to 
obligate the full Federal share of the entire work program(s) may 
utilize the advance construction provisions of 23 U.S.C. 115(a) in 
accordance with the requirements of 23 CFR Part 630, subpart G. The STAs 
that do not meet the advance construction provisions, or do not wish to 
utilize them, may request authorization to proceed with that portion of 
the work program(s) for which FHWA planning and research funds are 
available. In the latter case, authorization to proceed may be given for 
either selected work activities or for a portion of the program period, 
but such authorization shall not constitute a commitment by the FHWA to 
fund the remaining portion of the work program(s) should additional 
funds become available.
    (c) A project agreement shall be executed by the STA and FHWA 
Division Office for each statewide transportation planning, metropolitan 
planning area transportation planning, or RD&T work program, individual 
activity or study, or any combination administered as a single Federal-
aid project. The project agreement shall be executed after the 
authorization has been given by the FHWA to proceed with the work in 
whole or in part. In the event that the project agreement is executed 
for only part of the work program, the project agreement shall be 
amended when authorization is given to proceed with additional work.