[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR810.210]

[Page 411]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 810_MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS--Table of Contents
 
   Subpart C_Making Highway Rights-of-Way Available for Mass Transit 
                                Projects
 
Sec. 810.210  Authorization for use and occupancy by mass transit.

    (a) Upon being authorized by the Federal Highway Administrator, the 
State shall enter into a written agreement with the publicly-owned mass 
transit authority relating to the use and occupancy of highway right-of-
way subject to the following conditions:
    (1) That any significant revision in the design, construction, or 
use of the facility for which the land was made available shall receive 
prior review and approval by the State highway agency.
    (2) The use of the lands made available to the publicly-owned mass 
transit authority shall not be transferred to another party without the 
prior approval of the State highway agency.
    (3) That, if the publicly-owned mass transit authority fails within 
a reasonable or agreed time to use the land for the purpose for which it 
was made available, or if it abandons the land or the facility 
developed, such use shall terminate. Any abandoned facility developed or 
under development by the publicly-owned mass transit authority which was 
financed all or in part with Federal funds shall be disposed of in a 
manner prescribed by OMB Circular A-102, Attachment N. The land shall 
revert to the State for its original intended highway purpose.
    (b) A copy of the use and occupancy agreement and any modification 
under paragraphs (a) (1), (2), and (3) of this section shall be 
forwarded to the Federal Highway Administrator.