[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: 23CFR476.314]

[Page 130]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 476--INTERSTATE HIGHWAY SYSTEM--Table of Contents
 
Subpart D--Withdrawal of Interstate Segments and Substitution of Public 
                Mass Transit or Highway Projects or Both
 
Sec. 476.314  Administrator's review and approval of substitute projects.

    (a) The Urban Mass Transportation Administrator shall review 
substitute nonhighway public mass transit projects and the Federal 
Highway Administrator shall review substitute highway projects to 
determine that the projects meet the following requirements.
    (1) The proposed projects serve the urbanized area or connecting 
nonurbanized area corridor or both from which the Interstate segment was 
withdrawn.
    (2) The Federal share of the costs of the proposed projects which is 
to be provided under this subpart by virtue of the withdrawal of an 
Interstate segment does not exceed the Federal share of the cost of the 
withdrawn segment, as determined in Sec. 476.306(b).
    (b) Approval of substitute projects can be given only to the extent 
that authority to obligate the funds is available.
    (c) For substitute nonhighway public mass transit projects, the 
approval of the plans, specifications, and estimates of a project, or 
any phase thereof, shall be deemed to occur on the date the Urban Mass 
Transportation Administrator approved the substitute project or phase 
thereof in accordance with the policies and procedures established for 
the UMTA section 3 capital grant program.
    (d) Substitute highway projects will be approved by the Federal 
Highway Administrator in accordance with policies and procedures 
established for the Federal-aid highway program.
    (e) Approval of a substitute project or phase thereof obligates the 
United States to pay its proportional share of the cost of the project 
or phase thereof out of the general funds in the Treasury.
    (f) The Federal share for substitute projects approved after 
November 6, 1978, shall not exceed 85 percentum, notwithstanding the 
Federal share for nonhighway public mass transit projects established 
under the Urban Mass Transportation Act of 1964, as amended, and highway 
projects under title 23 U.S.C.
    (g) The labor protective provisions of section 3(e)(4) of the UMT 
Act of 1964, as amended, (49 U.S.C. section 1602(e)(4)) are applicable 
to nonhighway public mass transit projects funded under the provisions 
of this subpart.

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