United States Code · Section
§ 115 — Advance Construction
23 U.S.C. § 115
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(a) The Secretary may authorize a State to proceed with a project authorized under this title—
(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—
(A) with the aid of Federal funds previously apportioned or allocated to the State; or
(B) with obligation authority previously allocated to the State.
(b) The Secretary, 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.
(c) The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).
Implementing Regulations
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§ 420.115 What are the FHWA approval and authorization requirements?23 C.F.R. § 420.115
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§ 630.106 Authorization to proceed.23 C.F.R. § 630.106