[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.119]

[Page 227-228]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
      Subpart A_Utility Relocations, Adjustments, and Reimbursement
 
Sec.  645.119  Alternate procedure.

    (a) This alternate procedure is provided to simplify the processing 
of utility relocations or adjustments under the provisions of this 
regulation. Under this procedure, except as otherwise provided in 
paragraph (b) of this section, the STD is to act in the relative 
position of the FHWA for reviewing and approving the arrangements, fees, 
estimates, plans, agreements, and other related matters required by this 
regulation as prerequisites for authorizing the utility to proceed with 
and complete the work.
    (b) The scope of the STD's approval authority under the alternate 
procedure includes all actions necessary to advance and complete all 
types of utility work under the provisions of this regulation except in 
the following instances:
    (1) Utility relocations and adjustments involving major transfer, 
production, and storage facilities such as generating plants, power feed 
stations, pumping stations and reservoirs.
    (2) Utility relocations falling within the scope of Sec.  645.113 
(h), (i), and (j), and Sec.  645.107(i) of this regulation.
    (c) To adopt the alternate procedure, the STD must file a formal 
application for approval by the FHWA. The application must include the 
following:
    (1) The STD's written policies and procedures for administering and 
processing Federal-aid utility adjustments. Those policies and 
procedures must make adequate provisions with respect to the following:
    (i) Compliance with the requirements of this regulation, except as 
otherwise provided by Sec.  645.119(b), and the provisions of 23 CFR 
part 645, subpart B, Accommodation of Utilities.
    (ii) Advance utility liaison, planning, and coordination measures 
for providing adequate lead time and early scheduling of utility 
relocation to minimize interference with the planned highway 
construction.
    (iii) Appropriate administrative, legal, and engineering review and 
coordination procedures as needed to establish the legal basis of the 
TD's payment; the extent of eligibility of the work under State and 
Federal laws and regulations; the more restrictive payment standards 
under Sec.  645.103(d) of this regulation; the necessity of the proposed 
utility work and its compatibility with proposed highway improvements; 
and the uniform treatment of all utility matters and actions, consistent 
with sound management practices.
    (iv) Documentation of actions taken in compliance with STD policies 
and

[[Page 228]]

the provisions of this regulation, shall be retained by the STD.
    (2) A statement signed by the chief administrative officer of the 
STD certifying that:
    (i) Federal-aid utility relocations will be processed in accordance 
with the applicable provisions of this regulation, and the STD's utility 
policies and procedures submitted under Sec.  645.119(c)(1).
    (ii) Reimbursement will be requested only for those costs properly 
attributable to the proposed highway construction and eligible for 
participation under the provisions of this regulation.
    (d) The STD's application and any changes to it will be submitted to 
the FHWA for review and approval.
    (e) After the alternate procedure has been approved, the FHWA may 
authorize the STD to proceed with utility relocation on a project in 
accordance with the certification, subject to the following conditions:
    (1) The utility work must be included in an approved program.
    (2) The STD must submit a request in writing for such authorization. 
The request shall include a list of the utility relocations to be 
processed under the alternate procedure, along with the best available 
estimate of the total costs involved.
    (f) The FHWA may suspend approval of the alternate procedure when 
any FHWA review discloses noncompliance with the certification. Federal 
funds will not participate in relocation costs incurred that do not 
comply with the requirements under Sec.  645.119(c)(1).

(Information collection requirements in paragraph (c) were approved by 
the Office of Management and Budget under control number 2125-0533)

[50 FR 20345, May 15, 1985, as amended at 65 FR 70311, Nov. 22, 2000]