CFR > Title 23 - Highways > CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER G—ENGINEERING AND TRAFFIC OPERATIONS (parts 620 to 669) > PART 630—PRECONSTRUCTION PROCEDURES > SUBPART G—Advance Construction of Federal-Aid Projects (§630.701 to §630.709) > 630.703—Eligibility.

630.703—Eligibility.

(a) The State Department of Transportation (DOT) may proceed with a project authorized in accordance with title 23, United States Code:
(1) Without the use of Federal funds; and
(2) In accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
(i) With the aid of Federal funds previously apportioned or allocated to the State; or
(ii) With obligation authority previously allocated to the State.
(b) The FHWA, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.

Code of Federal Regulations

[73 FR 50196, Aug. 26, 2008]