[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: 23CFR630.112]



[Page 141-142]

 

                           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.  630.112  Agreement provisions.



    (a) The State, through its transportation department, accepts and 

agrees to comply with the applicable terms and conditions set forth in 

title 23, U.S.C., the regulations issued pursuant thereto, the policies 

and procedures promulgated by the FHWA relative to the designated 

project covered by the agreement, and all other applicable Federal laws 

and regulations.

    (b) Federal funds obligated for the project must not exceed the 

amount agreed to on the project agreement, the balance of the estimated 

total cost being an obligation of the State. Such obligation of Federal 

funds extends only to project costs incurred by the State after the 

execution of a formal project agreement with the FHWA.

    (c) The State must stipulate that as a condition to payment of the 

Federal funds obligated, it accepts and will comply with the following 

applicable provisions:



[[Page 142]]



    (1) Project for acquisition of rights-of-way. In the event that 

actual construction of a road on this right-of-way is not undertaken by 

the close of the twentieth fiscal year following the fiscal year in 

which the project is authorized, the STD will repay to the FHWA the sum 

or sums of Federal funds paid to the transportation department under the 

terms of the agreement. The State may request a time extension beyond 

the 20-year limit with no repayment of Federal funds, and the FHWA may 

approve this request if it is considered reasonable.

    (2) Preliminary engineering project. In the event that right-of-way 

acquisition for, or actual construction of, the road for which this 

preliminary engineering is undertaken is not started by the close of the 

tenth fiscal year following the fiscal year in which the project is 

authorized, the STD will repay to the FHWA the sum or sums of Federal 

funds paid to the transportation department under the terms of the 

agreement. The State may request a time extension for any preliminary 

engineering project beyond the 10-year limit with no repayment of 

Federal funds, and the FHWA may approve this request if it is considered 

reasonable.

    (3) Drug-free workplace certification. By signing the project 

agreement, the STD agrees to provide a drug-free workplace as required 

by 49 CFR part 29, subpart F. In signing the project agreement, the 

State is providing the certification required in appendix C to 49 CFR 

part 29, unless the State provides an annual certification.

    (4) Suspension and debarment certification. By signing the project 

agreement, the STD agrees to fulfill the responsibility imposed by 49 

CFR 29.510 regarding debarment, suspension, and other responsibility 

matters. In signing the project agreement, the State is providing the 

certification for its principals required in appendix A to 49 CFR part 

29.

    (5) Lobbying certification. By signing the project agreement, the 

STD agrees to abide by the lobbying restrictions set forth in 49 CFR 

part 20. In signing the project agreement, the State is providing the 

certification required in appendix A to 49 CFR part 20.