[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.222]

[Page 100]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 450--PLANNING ASSISTANCE AND STANDARDS--Table of Contents
 
              Subpart B--Statewide Transportation Planning
 
Sec. 450.222  Project selection for implementation.

    (a) Except as provided in Secs. 450.220(f) and 450.216(a)(7), only 
projects included in the Federally approved STIP shall be eligible for 
funds administered by the FHWA or the FTA.
    (b) In metropolitan planning areas, transportation projects 
requiring title 23 or Federal Transit Act funds administered by the FHWA 
or the FTA shall be selected in accordance with procedures established 
pursuant to the project selection portion of the metropolitan planning 
regulation in subpart C of this part.
    (c) Outside metropolitan planning areas, transportation projects 
undertaken on the National Highway System with title 23 funds and under 
the bridge and Interstate maintenance programs shall be selected by the 
State in consultation with the affected local officials. Federal lands 
highway projects shall be selected in accordance with 23 U.S.C. 204. 
Other transportation projects undertaken with funds administered by the 
FHWA shall be selected by the State in cooperation with the affected 
local officials, and projects undertaken with Federal Transit Act funds 
shall be selected by the State in cooperation with the appropriate 
affected local officials and transit operators.
    (d) The projects in the first year of an approved STIP shall 
constitute an ``agreed to'' list of projects for subsequent scheduling 
and implementation. No further project selection action is required for 
the implementing agency to proceed with these projects except that if 
appropriated Federal funds available are significantly less than the 
authorized amounts, Sec. 450.332(c) provides for a revised list of 
``agreed to'' projects to be developed upon the request of the State, 
MPO, or transit operators. If an implementing agency wishes to proceed 
with a project in the second and third year of the STIP, the specific 
project selection procedures stated in paragraphs (b) and (c) of this 
section must be used. Expedited selection procedures which provide for 
the advancement of projects from the second or third years of the STIP 
may be used if agreed to by all the parties involved in the selection.