23 Cfr1.5

§ 1.5

23 CFR Ch. I (4–1–03 Edition)

to comply with the Federal laws and
the regulations in this part.

(5) That the quality of work undertaken has not been impaired.
(c) Any request submitted under
paragraph (b) of this section shall be
accompanied by a detailed description
of the relevant circumstances and
facts, and shall explain the necessity
for incurring the costs in question.

§ 1.5 Information furnished by State
highway departments.
At the request of the Administrator
the State highway department shall
furnish to him such information as the
Administrator shall deem desirable in
administering the Federal-aid highway
program.
§ 1.7

[38 FR 18368, July 10, 1973]

§ 1.11

Urban area boundaries.

Boundaries of an urban area shall be
submitted by the State highway department and be approved by the Administrator prior to the inclusion in a
program of any project wholly or partly in such area involving funds authorized for and limited to urban areas.
§ 1.8

Engineering services.

(a) Federal participation. Costs of engineering services performed by the
State highway department or any instrumentality or entity referred to in
paragraph (b) of this section may be eligible for Federal participation only to
the extent that such costs are directly
attributable and properly allocable to
specific projects.
(b) Governmental engineering organizations. The State highway department
may utilize, under its supervision, the
services of well-qualified and suitably
equipped engineering organizations of
other governmental instrumentalities
for making surveys, preparing plans,
specifications and estimates, and for
supervising the construction of any
project.
(c) Railroad and utility engineering organizations. The State highway department may utilize, under its supervision, the services of well-qualified
and suitably equipped engineering organizations of the affected railroad
companies for railway-highway crossing projects and of the affected utility
companies for projects involving utility installations.
(d) [Reserved]
(e) Responsibility of the State highway
department. The State highway department is not relieved of its responsibilities under Federal law and the regulations in this part in the event it utilizes the services of any engineering organization under paragraphs (b), (c) or
(d) of this section.

[Reserved]

§ 1.9 Limitation on Federal participation.
(a) Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable
Federal and State law, the regulations
in this title, and policies and procedures prescribed by the Administrator.
Federal funds shall not be paid on account of any cost incurred prior to authorization by the Administrator to
the State highway department to proceed with the project or part thereof
involving such cost.
(b) Notwithstanding the provisions of
paragraph (a) of this section the Administrator may, upon the request of a
State highway department, approve
the participation of Federal-aid funds
in a previously incurred cost if he
finds:
(1) That his approval will not adversely affect the public,
(2) That the State highway department has acted in good faith, and that
there has been no willful violation of
Federal requirements,
(3) That there has been substantial
compliance with all other requirements prescribed by the Administrator,
and full compliance with requirements
mandated by Federal statute,
(4) That the cost to the United States
will not be in excess of the cost which
it would have incurred had there been
full compliance, and

[25 FR 4162, May 11, 1960, as amended at 53
FR 18276, May 23, 1988; 57 FR 60728, Dec.
22,1992; 66 FR 58666, Nov. 23, 2001]

§ 1.23

Rights-of-way.

(a) Interest to be acquired. The State
shall acquire rights-of-way of such nature and extent as are adequate for the

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