Advance construction is codified in 23 U.S.C 115.
Title 23 - Chapter 1
§ 115. Advance Construction
- In General.-The Secretary may authorize a State to proceed with a project authorized under this title-
- without the use of Federal funds; and
- 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-
- with the aid of Federal funds previously apportioned or allocated to the State; or
- with obligation authority previously allocated to the State.
- 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.
- [c. Redesignated d.]
- 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).