Memorandum
U.S. Department of Transportation Federal Highway Administration

Divisions must ensure that a valid certification under section 1511 of P.L. 111-5 (the American Recovery and Reinvestment Act of 2009, or ARRA) has been accepted prior to signing of any project agreement that uses ARRA funds in FMIS. A valid 1511 certification requires that the Governor, mayor, or other chief executive, as appropriate certify that the infrastructure investment/project has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment /project is an appropriate use of taxpayer dollars. This certification must be executed and posted on a website and linked to recovery.gov prior to State or local governments receiving ARRA funds.

Project agreements using ARRA funds must include the following statements in the comments section of FMIS:

1. The State agrees to comply with the reporting requirements and terms and conditions set forth in the provisions contained in the ARRA and ensure that ARRA requirements and terms are included in the terms and conditions of the project agreement. See the FHWA implementing guidance, available at: https://www.fhwa.dot.gov/economicrecovery/guidance.htm.

2. ARRA funds are not obligated for advance construction purposes authorized under 23 U.S.C. II5(b); and

3. ARRA funds are not eligible for costs incurred prior to the date of obligation.

In addition, project agreements using ARRA funds must include State Project number and geographical information (blocks for Inventory Route number, and both the beginning and ending Mile Point numbers). Data for these fields should be consistent with that submitted for HPMS reporting.