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Legislation: Federal Aid Fund Management Tools

Advance Construction and Partial Conversion of Advance Construction

Advance construction is codified in 23 U.S.C 115.

Title 23 - Chapter 1

§ 115. Advance Construction
  1. In General.-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-
      1. with the aid of Federal funds previously apportioned or allocated to the State; or
      2. with obligation authority previously allocated to the State.
  2. Obligation of Federal Share.-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.
  3. [c. Redesignated d.]
  4. Inclusion in Transportation Improvement Program.-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 (f).