[Code of Federal Regulations]

[Title 23, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 23CFR630.108]



[Page 140-141]

 

                           TITLE 23--HIGHWAYS

 

 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 630_PRECONSTRUCTION PROCEDURES--Table of Contents

 

             Subpart A_Project Authorization and Agreements

 

Sec.  630.108  Preparation of agreement.



    (a) The STD shall prepare a project agreement for each Federal-aid 

project.



[[Page 141]]



    (b) The STD may develop the project agreement in a format acceptable 

to both the STD and the FHWA provided the following are included:

    (1) A description of each project location including State and 

project termini;

    (2) The Federal-aid project number;

    (3) The work covered by the agreement;

    (4) The total project cost and amount of Federal funds under 

agreement;

    (5) The Federal-aid share of eligible project costs expressed as 

either a pro rata percentage or a lump sum as set forth in Sec.  

630.106(f)(1);

    (6) A statement that the State accepts and will comply with the 

agreement provisions set forth in Sec.  630.112;

    (7) A statement that the State stipulates that its signature on the 

project agreement constitutes the making of the certifications set for 

in Sec.  630.112; and

    (8) Signatures of officials from both the State and the FHWA, and 

the date executed.

    (c) The project agreement should also document, by comment, 

instances where:

    (1) The State is applying amounts of credits from special accounts 

(such as the 23 U.S.C. 120(j) toll credits, 23 U.S.C. 144(n) off-system 

bridge credits and 23 U.S.C. 323 land value credits) to cover all or a 

portion of the normal percent non-Federal share of the project;

    (2) The project involves other arrangements affecting Federal 

funding or non-Federal matching provisions, including tapered match, 

donations, or use of other Federal agency funds, if known at the time 

the project agreement is executed; and

    (3) The State is claiming finance related costs for bond and other 

debt instrument financing (such as payments to States under 23 U.S.C. 

122).

    (d) The STD may use an electronic version of the agreement as 

provided by the FHWA.



(Approved by the Office of Management and Budget under control number 

2125-0529)