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FHWA Order M1100.1A

Order
Subject
FHWA Delegations and Organization Manual: Part I. Delegations of Authority
Classification Code Date  
M1100.1A, Chg. 45 November 29, 2005  

This chapter has been updated to correct outdated organization and position titles and to make limited editorial changes. The need for more substantive content changes will be evaluated during the course of a future review of the chapter.


PART 1. DELEGATIONS OF AUTHORITY

CHAPTER 5. FEDERAL-AID

Table of Contents

PLANNING, RESEARCH, AND PROGRAMMING

Paragraph

  1. SYSTEM APPROVALS
  2. URBAN AREA APPROVALS
  3. PLANNING, RESEARCH, DEVELOPMENT AND TECHNOLOGY TRANSFER
  4. METROPOLITAN TRANSPORTATION PLANNING
  5. NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP)
  6. STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) APPROVALS
  7. APPALACHIAN HIGHWAY PROJECTS.
  8. ECONOMIC GROWTH CENTERS
  9. EDUCATION AND TRAINING
  10. LOCAL TECHNICAL ASSISTANC
  11. FEDERALLY FUNDED TECHNOLOGY

RIGHT-OF-WAY AND ENVIRONMENT

  1. REAL PROPERTY ACQUISITION
  2. HIGHWAY BEAUTIFICATION
  3. RIGHT-OF-WAY RELINQUISHMENT AND CHANGES IN ACCESS CONTROL
  4. FEDERAL ACQUISITION
  5. RELOCATION ASSISTANCE
  6. ENVIRONMENT
  7. PRIVATELY OPERATED INFORMATION CENTERS
  8. RIGHT-OF-WAY ENCROACHMENTS

ENGINEERING AND OPERATIONS

  1. AUTHORIZATIONS TO PROCEED
  2. CONTRACT AND FORCE ACCOUNT APPROVALS
  3. AGREEMENT APPROVALS.
  4. ACCOMMODATION OF UTILITIES
  5. FINAL PROJECT APPROVALS
  6. FEDERAL LANDS HIGHWAYS PROJECTS (EXCEPT PUBLIC LANDS HIGHWAYS) UNDER STATE SUPERVISION
  7. PUBLIC LANDS PROJECTS
  8. EMERGENCY RELIEF PROJECTS
  9. DEFENSE ACCESS, REPLACEMENT AND MANEUVER ROAD PROJECTS
  10. MAINTENANCE
  11. ACCESS BETWEEN ADJACENT RAILROADS AND INTERSTATE HIGHWAYS
  12. LIQUIDATED DAMAGES UNDER THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
  13. TERRITORIAL HIGHWAY PROGRAM
  14. STATE-PREPARED TRAFFIC CONTROL MANUALS
  15. ENGINEERING PERCENTAGE APPROVALS
  16. OFF-SYSTEM ROADS PROCEDURES
  17. CONSTRUCTION INSPECTION
  18. EXPERIMENTAL PROJECTS
  19. MATERIALS SAMPLING AND TESTING PROGRAMS
  20. TRANSFERS OF FUNDS
  21. CERTIFICATION APPROVALS/ACCEPTANCES AND WITHHOLDING OF FUNDS
  22. TRAFFIC SAFETY IN HIGHWAY AND STREET WORK ZONES
  23. RESERVED
  24. TYING TOGETHER PROJECTS FOR BIDDING PURPOSES
  25. AGREEMENTS FOR FORCE ACCOUNT PROJECTS
  26. PROGRESS PAYMENTS FOR STOCKPILED MATERIALS
  27. USE OF PUBLICLY-OWNED EQUIPMENT ON FEDERAL-AID PROJECTS
  28. MAJOR REVISIONS TO DESIGN CONCEPTS INCLUDED IN 1981 INTERSTATE COST ESTIMATE
  29. BRIDGES EXEMPT FROM COAST GUARD PERMIT
  30. SUBCONTRACTING REQUIREMENTS
  31. ACCESS HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES
  32. SUPPORTIVE SERVICES PROGRAM
  33. "DEBARRING OFFICIAL" IN SUSPENSION AND DEBARMENT CASES
  34. MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS
  35. RESERVED
  36. USE OF EXCESS INTERSTATE CONSTRUCTION FUNDS
  37. TRANSFER OF EXCESS INTERSTATE RESURFACING, RESTORATION, REHABILITATION, AND RECONSTRUCTION (4R) FUNDS
  38. ADMINISTRATION OF THE DEMONSTRATION PROJECTS PROGRAM
  39. VARIANCES FROM MINIMUM DESIGN STANDARDS
  40. FEDERAL PARTICIPATION APPROVALS IN PREVIOUSLY INCURRED COSTS
  41. TOLL FACILITY AGREEMENTS

INTELLIGENT TRANSPORTATION SYSTEMS

  1. ITS PROJECTS

SECTION 1. PLANNING, RESEARCH, AND PROGRAMMING

  1. SYSTEM APPROVALS.

    Division Administrators are delegated the authority to approve:

    1. For Interstate System route sections ‑ the specific locations of sections and their intermediate control points. (This authority does not extend to approval of sections that include toll facilities or approaches thereto which is reserved to the Administrator in Chapter 3, paragraph 15.)

    2. For other Federal-aid highways - route designations, modifications, and revisions, including specific and general locations thereof (This authority does not extend to modifications and revisions to the National Highway System which is reserved to the Administrator in Chapter 3, paragraph 15).

    3. Statewide highway functional classification, including modifications and revisions thereof.

  2. URBAN AREA APPROVALS.

    Division Administrators are delegated the authority to approve urban area boundaries.

  3. PLANNING, RESEARCH, DEVELOPMENT AND TECHNOLOGY TRANSFER

    1. Division Administrators are delegated the authority to administer the use of FHWA planning and research funds (as defined in 23 CFR Part 420) for transportation planning and for research, development, and technology transfer (RD&T), including approval of State and metropolitan planning and/or research work programs.

    2. Division Administrators are delegated the authority to approve formal reports prepared with FHWA planning and research funds prior to publication and to waive such prior approval when considered appropriate (23 CFR Part 420).

    3. The Associate Administrator for Planning, Environment, and Realty is delegated the authority to determine if the interests of the Federal-aid highway program would be best served without matching of State Planning and Research (SPR) or Metropolitan Planning (PL) funds used for transportation planning activities.

    4. The Associate Administrator for Research, Development, and Technology is delegated the authority to determine if the interests of the Federal-aid highway program would be best served without matching of SPR or PL funds used for RD&T activities.

    5. Division Administrators are delegated the authority for approval of the State highway agencies' research, development, and technology management process and procedures (23 CFR 420.207(c)).

  4. METROPOLITAN TRANSPORTATION PLANNING

    1. Transportation Improvement Program Finding. Division Administrators are delegated the authority to act for FHWA in making the joint FHWA/FTA finding under 23 CFR 450.330 that the Transportation Improvement Program (TIP) for each metropolitan planning area is based on a continuing, comprehensive transportation planning process carried on cooperatively by the State, metropolitan planning organization, and transit operators in accordance with 23 U.S.C. 134 and 49 U.S.C. 5303-5305. Where serious deficiencies are identified that could impact certification of the metropolitan transportation planning process, the Associate Administrator for Planning, Environment, and Realty shall be consulted before the finding is made.

    2. Distribution of Surface Transportation (STP) Funds Between Urbanized Areas Over 200,000 Population. Division Administrators are delegated authority to approve joint requests from the State and the relevant metropolitan planning organizations to distribute STP funds that go to urbanized areas over 200,000 population based on factors other than the relative population of such areas pursuant to 23 U.S.C. 133 (d) (3) (E), subject to the concurrence of the Federal Transit Administrator or his/her delegate.

    3. Distribution Formulas for Metropolitan Planning Funds. Division Administrators are delegated authority to approve formulas developed by the States pursuant to 23 U.S.C. 104(f)(4), for the distribution of apportionments of Federal‑aid funds authorized to carry out the purposes of 23 U.S.C. 134. The Federal Transit Administrator or his/her delegate shall be consulted prior to the approval of the formula.

    4. Certification of the Metropolitan Transportation Planning Process in Transportation Management Areas (TMAs). Division Administrators are delegated the authority to jointly determine and certify with FTA as to whether the metropolitan transportation planning process in TMAs meets or substantially meets the requirements of 23 CFR 450. This action shall be subject to the prior concurrence of the Associate Administrator for Planning, Environment, and Realty if the proposed action will result in the withholding of funds.

  5. NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP). The Associate Administrator for Research, Development, and Technology is delegated, and may redelegate, the authority to make all approvals, concurrences, and acceptances for the NCHRP except for project agreements. Project agreements will be approved in accordance with the delegation of authority in paragraph 22 (Agreement Approvals).

  6. STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) APPROVALS. Division Administrators are delegated authority to approve, jointly with the Federal Transit Administration, the STIP and amendments thereto if it is found that the projects in the STIP are based on a planning process that meets or substantially meets the requirements of Title 23, U.S.C., the Federal Transit Act (49 U.S.C., Chapter 53), and 23 CFR Part 450.

  7. APPALACHIAN HIGHWAY PROJECTS. The authorities delegated to Division Administrators for Federal‑aid projects shall also apply, as appropriate, to Appalachian development highway and local access road projects subject to the following limitations:

    1. Appalachian development highway projects must meet the requirements of the Code of the Appalachian Regional Commission (ARC), 40 U.S.C. App. 201, and

    2. the funds authorized for Appalachian local access road projects must not exceed the amount of funds approved by the ARC.

  8. ECONOMIC GROWTH CENTERS. Division Administrators are delegated the authority to approve economic growth centers proposed by the States (23 U.S.C. 143).

  9. EDUCATION AND TRAINING. Division Administrators are delegated the authority to approve State requests and changes thereto, for education and training of State and local highway agency employees (23 U.S.C. 321(b) and (c)). Project agreements that implement approved requests are executed at the field level pursuant to the delegation of authority contained in paragraph 22a of this chapter.

  10. LOCAL TECHNICAL ASSISTANCE. Division Administrators are delegated the authority to approve the States' annual work plans and cost proposals for Technology Transfer Centers. This authority may be further delegated.

  11. FEDERALLY FUNDED TECHNOLOGY. The Associate Administrator for Research, Development, and Technology is delegated the authority to carry out functions pertaining to the transfer of federally funded technology to the marketplace which are vested in the Secretary by Sections 11(a,b,c) and 12 of the Stevenson-Wydler Technology Innovation Act of 1980, P.L. 96-480, as amended by the Federal Technology Transfer Act of 1986, P.L. 99-502, and by subsequent amendments (15 U.S.C. 3710 (a,b,c) and 3710a), and which are summarized in Section 1(b) (1-3) of Executive Order 12591 (3 CFR, 1987 Comp., p. 220, 52 F.R. 13414, April 10, 1987). This authority may be redelegated.

SECTION 2. RIGHT‑OF‑WAY AND ENVIRONMENT

  1. REAL PROPERTY ACQUISITION

    1. General

      1. (1) Title III Assurances. The Associate Administrator for Planning, Environment, and Realty is delegated the authority to accept or approve the land acquisition policy assurances required by Section 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4655). This authority may be redelegated within the Office of Planning, Environment, and Realty.

      2. (2) State Right‑of‑Way Manuals. Division Administrators are delegated the authority to accept a State's manual of right‑of‑way organization, policies, procedures, and practices and changes or revisions thereto.

      3. (3) Federal Share of Court Deposits. Division Administrators are delegated the authority to determine when the total payments on progress vouchers of the Federal share of court deposits become excessive.

      4. (4) Disposal Time Extension. Division Administrators are delegated the authority to extend the time limit, when it is in the public interest, for disposal of excess property by public sale.

      5. (5) Other Federally Assisted Programs

        1. (a) Division Administrators are delegated the authority to give prior approval to State highway agencies for participation in right‑of‑way acquisition costs incurred in connection with other Federal or federally assisted programs on bases other than those provided by FAPG 23 CFR 710C (Reimbursement Provisions).

        2. (b) Division Administrators are delegated authority to accept certification from another Federal agency that right‑of‑way acquisition work in connection with a Federal or federally assisted project has been performed in accordance with its governing regulations.

      6. (6) Voucher Documentation. Division Administrators are delegated the authority to determine the type of documentation that the State must submit to FHWA with voucher claims and to accept right‑of‑way maps or plans for voucher claim purposes.

    2. Acquisition

      1. (1) Acquisition in Limited Vertical Dimension. Division Administrators are delegated the authority to approve or disapprove applications for limited vertical dimension acquisitions.

      2. (2) Subsurface Mineral Rights. Division Administrators are delegated the authority to approve the reservation of subsurface mineral rights within the boundaries of the rights‑of‑way of Federal‑aid highways as provided in 23 CFR 1.23(c).

      3. (3) Hardship Acquisition and Protective Buying. Division Administrators are delegated the authority to authorize the acquisition of hardship and protective buying parcels prior to processing of the final environmental impact statement or finding of no significant impact.

      4. (4) Functional Replacement. Division Administrators are delegated the authority to approve States' determinations that the functional replacement of publicly owned lands and/or facilities to be acquired for highway rights‑of‑way is necessary and in the public interest.

      5. (5) Fee Negotiators. Division Administrators are delegated the authority to give prior approval on a project basis to a State for use of fee negotiators.

      6. (6) Personal Contact. Division Administrators are delegated the authority to approve exceptions to the requirement for personal contact by the negotiator.

      7. (7) Special Counsel. Division Administrators are delegated the authority to give prior approval to a State for the employment of special counsel to acquire right‑of‑way for a particular project.

      8. (8) Reasonable Necessity. Division Administrators, upon application by a State highway agency, are delegated the authority to make determinations of reasonable necessity relative to rights‑of‑way and material sites on lands owned by the United States, pursuant to 23 U.S.C. 107(d) or 317.

      9. (9) BLM Mining Claims. Division Administrators are delegated the authority to arrange with the appropriate office of the Bureau of Land Management to make the necessary investigations, and determine the validity of mining claims located on lands to be transferred to the States for highway rights‑of‑way upon receipt of a request from the State highway agency and its agreement to pay for such services, subject to the participation of Federal funds at the appropriate pro rata share.

      10. (10) Right‑of‑Way Revolving Fund

        1. (a) The Associate Administrator for Planning, Environment, and Realty is delegated the authority to allocate funds and obligational authority, under 23 U.S.C. 108(c), from the right‑of‑way revolving fund to Division Administrators. This authority may be redelegated within the Office of Planning, Environment, and Realty.

        2. (b) Division Administrators are delegated the authority to allocate and withdraw funds and obligational authority, under 23 U.S.C. 108(c), from the right‑of‑way revolving fund to/from projects.

        3. (c) The Chief Financial Officer and Division Administrators are delegated the authority to approve requests for advance of funds submitted in accordance with 23 U.S.C. 108(c).

        4. (d) Division Administrators are delegated the authority to approve a termination date earlier or later than the 10 years provided by 23 U.S.C. 108(c)(3) for beginning construction on right‑of‑way for which funds from the right‑of‑way revolving fund were advanced.

      11. (11) Highway Beautification Program ‑ Outdoor Advertising. Division Administrators are delegated the authority to approve a State's statement of policies and operating procedures for implementing the outdoor advertising sign removal program under a State law complying with 23 U.S.C. 131.

      12. (12) Outdoor Advertising ‑ Valuation Schedules. Division Administrators are delegated the authority to approve a State's sign valuation schedules.

      13. (13) Severance Damages to Sign Property. The Associate Administrator for Planning, Environment, and Realty is delegated the authority to give prior approval to Federal participation in severance damages to remaining signs or other property of a sign company, with the concurrence of the FHWA Chief Counsel. Authority for the right‑of‑way portion of the responsibility may be redelegated within the Office of Planning, Environment, and Realty.

      14. (14) Advance Acquisition – 10-Year Period. Division Administrators are delegated the authority to approve a State's request for extending beyond 10 years the period of time for beginning construction under 23 U.S.C. 108(a), if such longer period is determined to be reasonable.

      15. (15) Private Land Service Facilities. Division Administrators are delegated the authority to approve, for Federal participation, land service facilities designed to restore access to and within a privately owned property and which are not justified economically but deemed necessary for the public interest.

    3. Appraisal. Division Administrators are delegated the authority to:

      1. (1) Request a State to obtain additional appraisals of a property.

      2. (2) Approve a State's request for Federal participation in the cost of additional appraisals of a property.

    4. Property Management

      1. (1) Right‑of‑Way Limits. Division Administrators are delegated the authority to approve project right‑of‑way limits and, when the full right‑of‑way width is not to be used for current construction, to approve temporary right‑of‑way widths within the overall project right‑of‑way.

      2. (2) Date of Completion of Right‑of‑Way Acquisition on Non‑Participating Construction Projects. For purposes of disposal of unneeded portions of highway rights‑of‑way subsequent to final acceptance of a right‑of‑way acquisition project where Federal‑aid highway funds will not participate in the cost of the physical construction, Division Administrators are delegated the authority to determine the date of completion of the acquisition of the authorized right‑of‑way.

      3. (3) Disposal of Highway Rights‑of‑Way. Division Administrators are delegated the authority to approve or disapprove a State's request to dispose of what the State has determined to be unneeded portions of highway rights‑of‑way, for uses other than for highways.

      4. (4) Use of Airspace. Division Administrators are delegated the authority to approve or disapprove applications for the use of airspace.

    5. Scenic Enhancement

      1. (1) Outdoor Advertising Sign Standards. Division Administrators are delegated the authority to approve for Federal participation State outdoor advertising sign standards, on a statewide basis, which are more stringent than Federal control requirements along the Primary and Interstate Systems.

      2. (2) Local Outdoor Advertising Sign Controls. Division Administrators are delegated the authority to accept outdoor advertising sign controls by local zoning authorities in lieu of the controls set forth in the State/FHWA agreement for zoned commercial and industrial areas.

      3. (3) Junkyard Control Standards. Division Administrators are delegated the authority to approve for Federal participation, State junkyard control standards, on a statewide basis, which are more stringent than Federal control requirements along Interstate and Primary highways.

      4. (4) Exemption for Nonconforming Signs. Pursuant to the provisions of 23 U.S.C. 131(o), Division Administrators are delegated the authority to approve a State's request to exempt nonconforming directional signs, displays, and devices within a defined area from being acquired under the provisions of 23 U.S.C. 131.

      5. (5) Junkyard Control and Abatement Measures. Division Administrators are delegated the authority to approve a State's operating policies and procedures, and other abatement measures, sufficient for the effective control of nonconforming and illegal junkyards.

  2. HIGHWAY BEAUTIFICATION

    1. Allocation of Beautification Funds

      1. (1) The Associate Administrator for Planning, Environment, and Realty is delegated the authority to allocate highway beautification obligational authority to Division Administrators. This authority may be redelegated within the Office of Planning, Environment, and Realty.

      2. (2) Division Administrators are delegated the authority to release obligational authority to their respective States, within the limits of amounts previously allocated or released to those States.

    2. Approval of Beautification Projects. Division Administrators are delegated the authority to approve programs and authorize work to proceed for highway beautification projects.

  3. RIGHT‑OF‑WAY RELINQUISHMENT AND CHANGES IN ACCESS CONTROL

    1. Division Administrators are delegated the authority to:

      1. (1) approve or disapprove a State's proposal for the relinquishment of right‑of‑way determined to be excess and changes in the control of access on Federal‑aid primary, secondary and urban projects;

      2. (2) approve or disapprove a State's proposal for the relinquishment of rights‑of‑way excess to the needs of a Federal‑aid Interstate project and changes in the location of control of access lines when such changes do not diminish the degree of control of access as contained in the previously approved plans, specifications, and estimates (PS&E); and

      3. (3) deny a State's proposal affecting the degree of access control obtained in approved PS&E.

    2. In the following three instances, Division Administrators are delegated the authority, to approve or disapprove State requests for changes in Interstate highway access control which do not involve changes in points of ingress to or egress from the Interstate System through traffic lanes or interchange ramps:

      1. (1) To permit construction of a new crossroad or other grade separation structure.

      2. (2) Along an interchange crossroad, but outside of the ramp terminal curve returns.

      3. (3) Locked gate access on completed sections of the Interstate System.

    3. Division Administrators are delegated authority for final approval of changes in points of ingress or egress with Interstate through traffic lanes and with interchange ramps on completed sections of the Interstate system only after a finding of acceptability in accordance with Chapter 5, paragraph 20b, or Chapter 3, paragraph 15j of Part I and completion of the planning and environmental processes.

    4. Final action on a State appeal of a denial of its proposal by Division Administrators or his/her delegate is reserved to the Administrator in accordance with Part I, Chapter 3 (Reservations), paragraph 15i. Division Administrators shall forward the State appeal and related documents along with their recommendations to the Washington Headquarters for appropriate action.

  4. FEDERAL ACQUISITION

    1. Except as provided elsewhere in this paragraph, the Executive Director is delegated, and may redelegate the authority to administer the provisions of Title 23, United States Code, and other laws relating to the acquisition of rights‑of‑way by the FHWA, including: 23 U.S.C. 107, pertaining to the Interstate System; 23 U.S.C. 204(a), pertaining to Federal roads; 23 U.S.C. 210(e), pertaining to defense access roads; and 23 U.S.C. 308, pertaining to cooperative highway projects. This delegation includes, but is not limited to, the following specific authorities:

      1. (1) make determinations that a State is unable to acquire necessary lands or interests in lands for use as rights‑of‑way, or is unable to do so with sufficient promptness (23 U.S.C. 107);

      2. (2) acquire, enter upon, and take possession of lands or interests in lands, for use as right‑of‑way for applicable highway projects, by purchase, donation, condemnation, or otherwise, in accordance with the laws of the United States;

      3. (3) in behalf of the FHWA, execute agreements with the State concerning payment of the State pro‑rata share of the costs of acquiring such lands or interests in lands in connection with a project on the Interstate System (23 U.S.C. 107 only);

      4. (4) execute Declaration of Taking and Amended Declarations of Taking in Federal condemnation proceedings;

      5. (5) execute agreements pertaining to the terms of transfer of rights‑of‑way acquired by the Federal Government with State highway agencies or appropriate political subdivisions to which such transfer is to be made; and

      6. (6) request the Attorney General to initiate Federal condemnation actions.

    2. With respect to the provisions of Title 23, United States Code, cited in paragraph 15a above, the Chief Counsel is delegated, and may redelegate the authority to:

      1. (1) request the Assistant Attorney General for Land and Natural Resources to take appropriate action on the necessary Federal condemnation assembly; and

      2. (2) approve for the FHWA proposed settlement of Federal condemnation actions in amounts over $200,000.

    3. With respect to the provisions of Title 23, U.S.C., cited in paragraph 15a above, Division Administrators and the Associate Administrator for Federal Lands Highway are delegated the authority to:

      1. (1) conduct the final review of State requests for Federal acquisition, including the final legal review;

      2. (2) execute Declarations of Taking and Amended Declarations of Taking, and approve for the FHWA proposed settlements of Federal condemnation actions in amounts of $200,000 or less; and

      3. (3) issue to the appropriate State highway agency or political subdivision a letter of authority to take over supervision of real property to which the United States has been granted possession by court order.

      4. The Associate Administrator for Federal Lands Highway may further delegate this authority.

  5. RELOCATION ASSISTANCE

    1. Local Housing Codes as Replacement Housing Standards. Division Administrators are delegated the authority to approve or disapprove local housing codes as acceptable standards for decent, safe, and sanitary housing.

    2. Exceptions to Replacement Housing Criteria

      1. (1) Division Administrators are delegated the authority to grant exceptions to the decent, safe and sanitary criteria for replacement housing on a parcel basis when extreme hardships or other extenuating circumstances exist.

      2. (2) Division Administrators are delegated the authority to grant exceptions on a project basis to the decent, safe, and sanitary criteria for an electric system when the utility is not reasonably accessible and is not required by local codes, ordinances or custom.

      3. (3) The Associate Administrator for Planning, Environment, and Realty is authorized to grant exceptions on a project or area‑wide basis for all other decent, safe, and sanitary criteria.

    3. Local Relocation Offices. Division Administrators are delegated the authority to approve or disapprove determinations relative to the establishment of a local relocation office on each project.

    4. Determination in Cases of Potential Duplicate Payments Under Both Federal and State Law. The Associate Administrator for Planning, Environment, and Realty is delegated the authority, in cases involving potential duplication of relocation assistance payments under both State and Federal law, to make the necessary determinations as to the general purpose and effect of the applicable State law of eminent domain, for the purpose of establishing the extent of Federal participation, if any, in the costs of such payments.

    5. Contracts/Agreements for Relocation Services and Payments. Division Administrators are delegated the authority to approve contracts or agreements between a State highway agency and a Federal, State, local governmental or private agency administering relocation services and payments.

    6. Relocation Analyses. Division Administrators are delegated the authority to approve the relocation analyses required prior to the authorization to proceed with negotiations on any project.

    7. Replacement Housing Verification and Certification. Division Administrators are delegated the authority to verify that adequate replacement housing is in place and has been made available to relocatees and approve the State's certification on those projects for which the FHWA does not normally issue a specific authority to advertise for bids for physical construction.

    8. Additional Moves in the Public Interest. Division Administrators are delegated the authority to give prior approval to more than one move of a displaced person where such approval is shown to be in the public interest.

    9. Moving Expense Schedule. Division Administrators are delegated the authority to approve States' moving expense schedules and revisions thereto. Division Administrators shall coordinate with the Division Administrators of adjoining states for purposes of consistency. A copy of the approved schedule should be furnished to the Washington Headquarters for review and national publication for use throughout the Federal Government.

    10. Methods for Determining the Probable Selling Price of Comparable Dwellings. Division Administrators are delegated the authority to approve or disapprove a method different from the three comparable or locality‑wide study methods of determining the probable price of comparable dwellings.

    11. Publication of Relocation Brochure and Public Notice of Relocation in Areas Where a Language Other than English is Predominant. Division Administrators are delegated the authority to waive the requirement for publication in a foreign language of a relocation brochure and public notice of relocation in areas where language other than English is predominant, if it is found unnecessary, and an alternate program is established for the displaced person unable to communicate in English.

    12. Actual Reasonable Expenses in Searching for a Replacement Business. Division Administrators are delegated the authority to waive the $1,000 limitation on reimbursement for actual reasonable expenses in searching for a replacement business, in exceptional cases, where circumstances so require.

    13. Payment Determination for 2‑Taxable Years Immediately Preceding the Taxable Year in Which a Business is Relocated. Division Administrators are delegated the authority to give prior approval to the State in cases where the 2‑taxable years immediately preceding a business displacement are not representative, to use a 2‑year period beginning with 2 years prior to negotiations for the project if that would be more representative.

    14. Actual and Reasonable Expenses in Searching for a Sign Site. Division Administrators are delegated the authority to give prior approval to waive, in exceptional cases, the $100 limitation or reimbursement to the owner of a displaced advertising sign for his/her actual, reasonable expenses in searching for a replacement sign site, provided it does not exceed $500.

    15. Preliminary Study and/or Last Resort Housing Plan

      1. (1) Division Administrators are delegated the authority, either at the time of program approval or subsequently, to issue a letter of authorization to the State to proceed with a study and/or plan.

      2. (2) Division Administrators are delegated the authority to approve the last resort housing plan.

      3. (3) Division Administrators are delegated the authority to authorize the State to implement the plan.

  6. ENVIRONMENT

    1. Public Involvement/Public Hearing Procedures. Division Administrators are delegated the authority to approve public involvement/public hearing procedures and changes thereto in accordance with 23 CFR 771.111(h).

    2. Environmental Approvals Pursuant to the National Environmental Policy Act

      1. (1) Division Administrators are delegated the authority to determine whether an action qualifies as a categorical exclusion pursuant to 23 CFR 771.117.

      2. (2) Division Administrators are delegated the authority to approve environmental assessments for agency and public availability and to make findings of no significant impact.

      3. (3) Division Administrators are delegated the authority to prepare and issue notices of intent as required by the regulations of the Council on Environmental Quality (40 CFR 1501.7, 1508.22).

      4. (4) Division Administrators are delegated the authority to determine whether an environmental impact statement (EIS) or supplemental EIS should be prepared.

      5. (5) Division Administrators are delegated the authority to approve draft EISs for circulation to the public and to other agencies.

      6. (6) Division Administrators are delegated the authority to approve final EISs and related actions, and to adopt final EISs prepared by other agencies. A legal sufficiency review will be provided by Counsel prior to the approval of EISs. For projects which are highly controversial or involve issues of national significance, Washington Headquarters concurrence will be requested prior to approval.

      7. (7) Division Administrators are delegated the authority to execute the record of decision.

      8. (8) Division Administrators are delegated the authority to conduct reevaluations and make determinations based on reevaluations pursuant to 23 CFR 771.129.

      9. (9) The Associate Administrator for Planning, Environment, and Realty is delegated the authority to make National Environmental Policy Act and other environmental approvals of a nationwide or programmatic nature. This authority may be redelegated.

      10. (10) The Associate Administrator for Planning, Environment, and Realty is delegated the authority to request that Division Administrators obtain prior concurrence by Washington Headquarters on final environmental impact statements, Section 4(f) statements, and related actions for projects which are highly controversial or involve issues of national significance. This authority may be redelegated within the Office of Planning, Environment, and Realty.

    3. Procedures for Abatement of Highway Traffic Noise and Construction Noise (FAPG 23 CFR 772)

      1. (1) Division Administrators are delegated the authority to determine whether project plans and specifications incorporate reasonable and feasible noise abatement measures (FAPG 23 CFR 772).

      2. (2) Division Administrators are delegated the authority to approve Federal funding of noise abatement measures listed in FAPG 23 CFR 772.13(c).

      3. (3) Division Administrators are delegated the authority to approve proposals for noise abatement measures other than those listed in FAPG 23 CFR 772.13(c) when the abatement measures listed are physically infeasible or economically unreasonable (FAPG 23 CFR 772.13(d)).

    4. Air Quality Conformity and Priority Procedures for use in Federal‑Aid Highway and Federally Funded Transit Programs. Division Administrators are delegated the authority to determine that transportation plans, programs, and projects are in conformance with approved State air quality implementation plans in accordance with Sec. 110 of the Clean Air Act Amendment (42 U.S.C. 7410(a)(2) and rules promulgated by the Environmental Protection Agency in consultation with the Department of Transportation under 40 CFR Parts 51 and 93 (Part II) and 40 CFR 51 Part III.

    5. Section 4(f) Approvals

      1. (1) Division Administrators are delegated the authority to determine the applicability of Section 4(f) of the Department of Transportation Act, pursuant to 23 CFR 771.135.

      2. (2) Division Administrators are delegated the authority to make Section 4(f) determinations pursuant to 23 CFR 771.135(a) and approve Section 4(f) statements pursuant to 23 CFR 771.135(l), subject to a legal sufficiency review by Counsel. This authority shall be redelegated to Division Administrators. The legal sufficiency review will be provided by Counsel prior to approval of the Section 4(f) statement. For projects which are highly controversial or involve issues of national significance, Washington Headquarters concurrence will be requested prior to approval.

      3. (3) The Associate Administrator for Planning, Environment, and Realty is delegated the authority to promulgate and approve nationwide programmatic Section 4(f) evaluations. This authority may be redelegated.

      4. (4) Division Administrators are delegated the authority to promulgate and approve programmatic Section 4(f) evaluations with the prior concurrence of the Washington Headquarters.

      5. (5) Division Administrators are delegated the authority to determine that a programmatic Section 4(f) approval applies to a project.

    6. Representation of FHWA. Division Administrators are delegated the authority to act on behalf of the Federal Highway Administrator in complying with the environmental procedures in the regulations of other Federal agencies. The authority to serve as the FHWA "Agency Official" in carrying out the provisions of 36 CFR, Part 800, "Protection of Historic Properties," may be redelegated by Division Administrators.

    7. Environmental Mitigation

      1. (1) Division Administrators are delegated the authority to determine whether environmental mitigation measures are eligible for Federal funding pursuant to 23 CFR 771.105(d).

      2. (2) Division Administrators are delegated the authority to approve wetland mitigation measures outside the highway right-of-way pursuant to 23 CFR 777.9(b).

    8. Other Environmental Findings. Division Administrators are delegated the authority to make findings for wetlands, flood plains and other environmental considerations as required by statute, regulation, or executive order and which are not otherwise incorporated into the approval made pursuant to the National Environmental Policy Act.

    9. Federal Lands Highway Program. See Part I, Chapter 6, for equivalent environmental delegations for the Federal Lands Highway Program.

  7. PRIVATELY OPERATED INFORMATION CENTERS. Division Administrators are delegated the authority to approve leases or agreements permitting privately operated information centers at safety rest areas (FAPG 23 CFR 752, Landscape and Roadside Development).

  8. RIGHT‑OF‑WAY ENCROACHMENTS. Division Administrators are delegated the authority to determine that right‑of‑way encroachments on projects, other than projects on the Interstate System, must be removed, or approve conditions under which they may be permitted to remain (23 CFR 1.23).

SECTION 3. ENGINEERING AND OPERATIONS

  1. AUTHORIZATIONS TO PROCEED

    1. Division Administrators are delegated the authority to approve PS&E and authorize advertising or commencement of force account work for Federal‑aid projects within the limits of amounts released for obligation, where applicable, and to approve the State's comprehensive Highway Safety Improvement Program (HSIP) if the HSIP conforms with FAPG 23 CFR 924J (Highway Safety Improvement Program). If a State has an approved comprehensive HSIP, the Division Administrator does not have to review high priority projects selected from the State's listing of hazardous locations in the HSIP.

    2. Division Administrators are delegated the authority to approve engineering and operational acceptability of changes in points of ingress and egress with Interstate through traffic lanes and with interchange ramps on completed sections of the Interstate System for the following types of projects: new interchanges outside of transportation management areas (except new freeway-to-freeway interchanges and new partial interchanges); modification of existing interchanges (except major modification of freeway-to-freeway interchanges); completion of partial interchanges; locked gate access; and closing of individual access points or entire interchanges. Transportation management areas are defined in 23 U.S.C. 134(i) and, for purposes of this delegation of authority, include only the urbanized portion as determined by the Bureau of Census. The authority to approve engineering and operational acceptability for other types of projects is reserved to the Federal Highway Administrator (Chapter 3, paragraph 15j).

    3. The Alaska Division Administrator is delegated the authority to approve, for any segment of the Interstate System in Alaska, changes in the degree of access control from that shown in the approved PS&E.

    4. Division Administrators are delegated the authority to authorize States to proceed with preliminary engineering or right‑of‑way acquisition in accordance with program approvals and within the limits of amounts released for obligation, where applicable.

    5. Division Administrators are delegated the authority to approve standard plans.

    6. Division Administrators are delegated the authority to approve (1) standard specifications, (2) supplemental specifications, (3) specifications in the developmental stage, and (4) special provisions which are proposed for use on Federal‑aid projects.

    7. Division Administrators are delegated the authority to approve the use of State‑furnished materials on Federal‑aid projects.

    8. Division Administrators are delegated the authority to approve, for an individual project, exceptions to the minimum design standards for non-Interstate Federal‑aid projects in all States except Alaska and for Federal-aid projects, including Interstate projects, in Alaska (Approvals of exceptions for Interstate projects are covered in paragraph 20i of this section.).

    9. Division Administrators are delegated the authority to approve, for individual projects on the Interstate System, exceptions to design standards adopted for the Interstate System.

    10. Division Administrators are delegated the authority to approve preliminary plans for major bridges or other structures, subject to the provisions of FAPG G 6012.01 (Preliminary Plan Review and Approval).

    11. Division Administrators are delegated the authority to approve individual design standards, policies, and guides for the Hazard Elimination Program and Rail-Highway Grade Crossing Program (23 CFR 922).

    12. Division Administrators are delegated the authority to make findings that highway encroachments on a flood plain are the only practicable alternative location, as outlined in FAPG 23 CFR 650A (Location and Hydraulic Design of Encroachments on Flood Plains).

    13. Division Administrators are delegated the authority to approve the criteria and/or procedures for the geometric design of nonfreeway resurfacing, restoration and rehabilitation projects as proposed by the State in conformance with FAPG 23 CFR 625 (Design Standards for Highways).

    14. Division Administrators are delegated the authority to approve requests for a waiver of the "Buy America" requirements when such a request is submitted by a State highway agency (FAPG 23 CFR 635D, General Material Requirements), subject to the prior concurrence of the Office of Infrastructure, Washington Headquarters.

    15. Division Administrators are delegated the authority to approve traffic surveillance and control system projects.

  2. CONTRACT AND FORCE ACCOUNT APPROVALS

    1. Division Administrators are delegated the authority to concur in the award of contracts or the rejection of all bids for Federal‑aid projects, subject to the provisions and limitations of FAPG 23 CFR 635A (Contract Procedures).

    2. Division Administrators are delegated the authority to make findings that construction of a Federal‑aid project by the force account method is cost effective, as outlined in FAPG 23 CFR 635B (Contract and Force Account (Justification Required for Force Account Work)).

    3. Division Administrators are delegated the authority to approve change orders and extra work orders on Federal‑aid projects and is subject to the provisions of FAPG 23 CFR 635A (Contract Procedures).

    4. Division Administrators are delegated the authority to approve arrangements by a State for construction under supervision of a local highway agency when the conditions set forth in FAPG 23 CFR 635A (Contract Procedures) are met.

  3. AGREEMENT APPROVALS

    1. Division Administrators are delegated the authority to execute project agreements and modifications thereof for Federal‑aid projects.

    2. Division Administrators are delegated the authority to approve agreements entered into between State highway agencies and railroad or utility companies for Federal‑aid projects.

    3. Division Administrators are delegated the authority to approve, in accordance with FAPG 23 CFR 172 (Administration of Negotiated Contracts), (1) agreements between highway agencies and consultants for engineering services on Federal‑aid projects, and (2) consultant procurement procedures of highway agencies.

    4. Division Administrators are delegated the authority to approve (1) the alternate procedure for processing State‑utility agreements in accordance with FAPG 23 CFR 645A (Utility Relocations, Adjustments, and Reimbursement) and (2) the alternate procedure for processing State‑railroad agreements in accordance with FAPG 23 CFR 646B (Railroad‑Highway Projects).

    5. Division Administrators are delegated the authority to execute clause B agreements with State highway agencies electing to use the "sliding scale rates," as provided for in 23 U.S.C. 120(a).

  4. ACCOMMODATION OF UTILITIES

    1. Division Administrators are delegated the authority to approve a State's statement and policy, and any subsequent changes or modifications thereto, for accommodating utilities and private line crossings on the right‑of‑way of Federal‑aid and Federal lands highway projects under FAPG 23 CFR 645B (Accommodation of Utilities).

    2. Division Administrators are delegated the authority to approve requests for which the proposed installation is not in accordance with 23 CFR or the State highway agency's utility accommodation policy approved by the FHWA (23 CFR 645.215(d)(1)).

    3. Division Administrators are delegated the authority to approve requests for longitudinal installations of private lines (23 CFR 645.215(d)(2)).

  5. FINAL PROJECT APPROVALS

    1. Division Administrators are delegated the authority to accept for the FHWA completed Federal‑aid projects.

    2. Division Administrators are delegated the authority to make a final engineering review of all Federal‑aid vouchers.

    3. Division Administrators are delegated the authority for final disposition of States' claims including approval for payment.

  6. FEDERAL LANDS HIGHWAYS PROJECTS (EXCEPT PUBLIC LANDS HIGHWAYS) UNDER STATE SUPERVISION. The authorities delegated to the Division Administrators in Chapter 5 (Federal‑Aid) for Federal‑aid projects, including the provisions for redelegation, shall apply, as appropriate, to Forest Highways, park roads and parkways, and Indian reservation roads projects under the supervision of a State highway agency except that the authorities as provided in Chapter 6 (Federal Lands) shall apply, including the provisions for redelegation.

  7. PUBLIC LANDS PROJECTS. The authorities delegated to Regional Administrators Division Administrators in Chapter 5 (Federal‑Aid) for Federal‑aid projects, including the provisions for redelegation, shall also apply, as appropriate, to Public Lands projects under the supervision of a State highway agency, except that actions involving an increase in allotted funds must be referred to the Associate Administrator for Infrastructure for determination of availability of additional Public Lands funds before being approved.

  8. EMERGENCY RELIEF PROJECTS. The authorities delegated to Division Administrators in Chapter 5 (Federal‑Aid) for Federal‑aid projects, including the provisions for redelegation, shall also apply, as appropriate, to emergency relief projects on Federal‑aid highways, including projects on Federal roads.

  9. DEFENSE ACCESS, REPLACEMENT AND MANEUVER ROAD PROJECTS

    1. The authorities delegated to Division Administrators in Chapter 5 (Federal‑Aid) for Federal‑aid projects shall also apply, as appropriate, to defense access roads, replacement and maneuver road projects, provided that (1) adequate funds are allocated, and (2) the design conforms to that proposed in the report used as a basis for certification by the Department of Defense.

    2. Division Administrators are delegated the authority to execute agreements between the FHWA and another Federal agency, or a subdivision of a State, under which that Federal agency or that subdivision of a State will undertake highway work in behalf of the FHWA in connection with certified access projects.

  10. MAINTENANCE

    1. Division Administrators are delegated the authority to establish maintenance inspection and reporting procedures,subject to the provisions of FAPG 23 CFR 635E (Interstate Maintenance Guidelines).

    2. Division Administrators are delegated the authority to withhold approval of further projects of all types on other than a statewide basis due to an unsatisfactory maintenance condition.

  11. ACCESS BETWEEN ADJACENT RAILROADS AND INTERSTATE HIGHWAYS. Division Administrators are delegated authority to approve requests by a State to permit access between adjacent railroads and Interstate highways provided such requests will be accomplished in accordance with the approved AASHTO "Policy on Access Between Adjacent Railroads and Interstate Highways" and with the provisions of Title 23, U.S.C., regulations and appropriate program directives. Any case involving situations under condition 5 of said AASHTO policy shall be transmitted, along with appropriate comments and recommendations thereon, to the Associate Administrator for Infrastructure for advice prior to approval thereof.

  12. LIQUIDATED DAMAGES UNDER THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

    1. Division Administrators are delegated authority to assess liquidated damages, in any amount, for violations of the Contract Work Hours and Safety Standards Act and to waive those damages which are computed to be $500 or less in cases where the violations are found to be inadvertent notwithstanding the exercise of due care on the part of the contractor or subcontractor.

    2. Except as provided in paragraph 31a above, the Chief Counsel is delegated the authority to act for and in behalf of the Federal Highway Administrator in all matters concerning the Labor Compliance Program.

  13. TERRITORIAL HIGHWAY PROGRAM. Except as provided in Chapter 3 of Part I, the Division Administrator for Puerto Rico with respect to the Virgin Islands and the Division Administrator for Hawaii with respect to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are delegated the authority to administer the Territorial Highway Program, including applicable specific authorities contained elsewhere in this Chapter 5, as necessary and appropriate (23 U.S.C. 215).

  14. STATE‑PREPARED TRAFFIC CONTROL MANUALS. Division Administrators are delegated the authority to approve official traffic control manuals prepared by the States for use in lieu of the Manual on Uniform Traffic Control Devices.

  15. ENGINEERING PERCENTAGE APPROVALS. Division Administrators are delegated the authority to determine the percentage rates for construction engineering and inspection costs and for preliminary engineering costs in accordance with the provisions of 23 U.S.C. 120(h).

  16. OFF‑SYSTEM ROADS PROCEDURES

    1. Division Administrators are delegated the authority to authorize State agencies to assume responsibility for (1) approval of the PS&E assembly, construction changes, and contracts with utilities, railroads, consulting engineers, and other parties; (2) authorization to advertise for bids for construction or to commence work on an agreed‑unit‑price basis; (3) concurrence in the contract award; and (4) inspecting construction.

    2. Division Administrators are delegated the authority to approve a State's certification as to compliance with the applicable provisions of the relocation assistance and land acquisition directives contained in Subchapter H of the FAPG.

  17. CONSTRUCTION INSPECTION. Division Administrators are delegated the authority to approve formal construction inspection programs to provide for the physical inspection and acceptance of all Federal‑aid highway construction projects. This includes the authority to approve any formal quality assurance program developed by the State for use on Federal‑aid highway construction projects (FAPG G 6042.08).

  18. EXPERIMENTAL PROJECTS. Division Administrators are delegated the authority to approve or disapprove experimental projects and the related work plans for the evaluation of the performance of those products and/or processes incorporated into experimental projects, excluding those work plans for products and/or processes whose evaluation is funded under the "Special Experimental Features" category of the Experimental Projects Program (FAPG G 6042.04).

  19. MATERIALS SAMPLING AND TESTING PROGRAMS. Division Administrators are delegated the authority to approve materials sampling and testing programs developed by the States for use on Federal‑aid highway construction projects (FAPG 23 CFR 637B, Sampling and Testing of Materials and Construction).

  20. TRANSFERS OF FUNDS. Division Administrators are delegated the authority to approve State requests for transfers of funds under the provisions of 23 U.S.C., except in those cases where the request involves funds for which the initial distribution to States is effected by other than a statutory apportionment formula.

  21. CERTIFICATION APPROVALS/ACCEPTANCES AND WITHHOLDING OF FUNDS

    1. Certification Approvals/Acceptances

      1. (1) General. Except as specified elsewhere in subparagraph a, Division Administrators are delegated the authority to approve or accept certifications submitted by the States pursuant to Federal-aid laws and regulations. Certifications covered by this delegation include, but are not limited to: 23 U.S.C. 106(b)(1) pertaining to 3R projects on the National Highway System; 23 U.S.C. 119(b) pertaining to Interstate maintenance programs; 23 U.S.C. 119(f)(1) pertaining to the transfer of excess 4R apportionments; 23 U.S.C. 128(a) pertaining to public hearings; 23 U.S.C. 129(a)(3) pertaining to adequate maintenance of toll roads, tunnels, bridges, and ferries; 23 U.S.C. 133(e)(2) pertaining to the surface transportation program; 23 U.S.C. 159(a) pertaining to the revocation or suspension of drivers= licenses of individuals convicted of drug offenses; 23 U.S.C. 319(b)(2) pertaining to native wildflowers; and 23 CFR 450.220 pertaining to the Statewide Transportation Improvement Program.

      2. (2) Certification Acceptance

        1. (a) Division Administrators are delegated the authority to accept or approve alternate procedures proposed by a State under 23 U.S.C. 117 and in accordance with FAPG 23 CFR 640 (Certification Acceptance).

        2. (b) Division Administrators are delegated the authority to rescind or withdraw acceptance or approval of alternate procedures as in paragraph 40a.

      3. (3) Certification of Maximum Vehicle Size and Weights. The Associate Administrator for Operations is delegated the authority to approve certifications submitted by the States pursuant to 23 U.S.C.141(b) and (c) pertaining to maximum vehicle size and weights. This authority may be further delegated within the Office of Operations.

      4. (4) Certification of Research and Planning Expenditures. The Associate Administrator for Research, Development, and Technology is delegated the authority to approve certifications submitted by the States pursuant to 23 U.S.C. 307(c)(2) pertaining to the expenditure of research and planning funds. This authority may be redelegated.

      5. (5) Certification of Toll Credits and Maintenance of Effort. The Associate Administrator for Infrastructure is delegated the authority to approve certifications submitted by the States pursuant to section 1044 of the ISTEA (P.L. 102-240) pertaining to establishing credit for the non-Federal share of projects. This authority may be redelegated within headquarters.

    2. Compliance Actions. The Associate Administrator for Research, Development, and Technology, Associate Administrator for Infrastructure, Associate Administrator for Operations, and Division Administrators are delegated the authority in connection with the above certifications to notify the States of the possible imposition of sanctions and actions necessary to correct any deficiencies; to impose sanctions for noncompliance as authorized by law except the withholding of Federal-aid apportionments; and to notify the Office of the Chief Financial Officer that noncompliance, where authorized by law, warrants the withholding of Federal‑aid apportionments. The Associate Administrators for Research, Development, and Technology, Infrastructure, and Operations may redelegate the authority to notify the States as above and to impose sanctions not involving the withholding of apportionments.

  22. TRAFFIC SAFETY IN HIGHWAY AND STREET WORK ZONES

    1. Division Administrators are delegated the authority to approve State highway agency procedures for assuring the safety of motorists, pedestrians, and construction workers on Federal‑aid projects (FAPG 23 CFR 630J Traffic Safety in Highway and Street Work Zones).

    2. Division Administrators are delegated the authority to approve highway agencies' annual traffic safety review (FAPG 23 CFR 630J, Traffic Safety in Highway and Street Work Zones).

  23. RESERVED

  24. TYING TOGETHER PROJECTS FOR BIDDING PURPOSES. Division Administrators are delegated the authority to approve the tying together of two or more Federal‑aid projects for bidding purposes when the conditions set forth in FAPG 23 CFR 635D (Contract Procedures) are met.

  25. AGREEMENTS FOR FORCE ACCOUNT PROJECTS. Division Administrators are delegated the authority to approve agreement estimates submitted for force account projects when the conditions set forth in FAPG 23 CFR 635A (Contract Procedures) are met.

  26. PROGRESS PAYMENTS FOR STOCKPILED MATERIALS. Division Administrators are delegated the authority to approve participation of Federal‑aid funds in progress payments made to the State highway agency for stockpiled materials when the conditions set forth in FAPG 23 CFR 635A (Contract Procedures) are met.

  27. USE OF PUBLICLY‑OWNED EQUIPMENT ON FEDERAL‑AID PROJECTS. Division Administrators are delegated the authority to approve use of publicly owned equipment on a Federal‑aid project to be let to contract where he/she finds it is in the public interest as provided in FAPG 23 CFR 635A (Contract Procedures).

  28. MAJOR REVISIONS TO DESIGN CONCEPTS INCLUDED IN 1981 INTERSTATE COST ESTIMATE. The Associate Administrator for Infrastructure is delegated the authority to make the determination, under section 108(b) of the Federal‑Aid Highway Act of 1956, as amended, that a provision of Federal law requires a design concept, location, geometrics, or construction feature different from that included in the 1981 Interstate Cost Estimate.

  29. BRIDGES EXEMPT FROM COAST GUARD PERMIT. Division Administrators are delegated the authority to determine if a bridge is exempt from the Coast Guard permits required by section 502(b) of the General Bridge Act of 1946 and section 9 of the Act of March 3, 1899, in accordance with 23 U.S.C. 144(h).

  30. SUBCONTRACTING REQUIREMENTS. Division Administrators are delegated the authority to approve a State's request to implement a certification procedure in lieu of the State reviewing each subcontract agreement to assure compliance with the requirement in FAPG 23 CFR 635A.

  31. ACCESS HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES

    1. Division Administrators are delegated the authority to designate routes for access highways to public recreation areas on certain lakes pursuant to the provisions of 23 U.S.C. 155(a)(2) when using funds apportioned under 23 U.S.C. 104(b).

    2. The authorities delegated to Division Administrators in Chapter 5 (Federal‑Aid) for Federal‑aid projects, including the provisions for redelegation, shall apply, as appropriate, to those projects under 23 U.S.C. 155 that use funds apportioned under 23 U.S.C. 104(b).

  32. SUPPORTIVE SERVICES PROGRAM

    1. Division Administrators are delegated the authority to transfer On‑the‑Job Training funds between the States in their respective regions in accordance with the provisions of 23 U.S.C. 140(b).

    2. Division Administrators are delegated the authority to transfer Disadvantaged Business Enterprise program funds between the States in their respective regions in accordance with the provisions of 23 U.S.C. 140(c).

    3. Division Administrators are delegated the authority to approve the States' detailed work statements for the Supportive Services Program.

  33. "DEBARRING OFFICIAL" IN SUSPENSION AND DEBARMENT CASES. The Associate Administrator for Infrastructure is delegated the authority to serve as the "debarring official" as that term is defined and used in Title 49, CFR, Part 29, Debarment and Suspension (non‑Procurement).

  34. MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS

    1. Division Administrators are delegated the authority to approve the use of high‑occupancy vehicles and public mass transportation systems to increase traffic capacity under 23 CFR 810.102.

    2. Division Administrators are delegated the authority to approve fringe and transportation corridor parking facilities under 23 CFR 810.106.

    3. Division Administrators are delegated the authority to approve work necessary to designate existing parking facilities for fringe and transportation corridor parking under 23 CFR 810.108.

    4. Division Administrators are delegated the authority to authorize the States to make available to a publicly‑owned mass transit authority existing highway rights‑of‑way for rail or other nonhighway public mass transit facilities.

  35. RESERVED.

  36. USE OF EXCESS INTERSTATE CONSTRUCTION FUNDS. Division Administrators are delegated the authority to review and approve State requests relative to the use of excess minimum apportionment Interstate construction funds, pursuant to FAPG G 3015.03.

  37. TRANSFER OF EXCESS INTERSTATE RESURFACING, RESTORATION, REHABILITATION, AND RECONSTRUCTION (4R) FUNDS. Division Administrators are delegated the authority to review and approve requests to transfer funds which are in excess of a State's Interstate 4R needs, pursuant to FAPG G 3015.04.

  38. ADMINISTRATION OF THE DEMONSTRATION PROJECTS PROGRAM. The Associate Administrator for Infrastructure is delegated the authority to administer the Demonstration Projects Program. This authority may be redelegated.

  39. VARIANCES FROM MINIMUM DESIGN STANDARDS. The Associate Administrator for Infrastructure is delegated the authority to approve variances from agreed upon recommended minimum design specifications for making buildings and facilities accessible to and usable by physically handicapped persons. This authority may be redelegated.

  40. FEDERAL PARTICIPATION APPROVALS IN PREVIOUSLY INCURRED COSTS. Division Administrators are delegated the authority to approve, at the request of the State concerned and in accordance with the provisions of 23 CFR 1.9, work and expenditures for Federal participation incurred prior to authorization.

  41. TOLL FACILITY AGREEMENTS. The Associate Administrator for Infrastructure is delegated the authority to approve toll facility agreements required by 23 U.S.C. 129.

SECTION 4. INTELLIGENT TRANSPORTATION SYSTEMS (ITS)

  1. ITS PROJECTS

    1. Approvals. Division Administrators are delegated the authority to enter into and terminate project agreements for ITS projects funded under Title VI of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991.

    2. Management. Division Administrators are delegated the authority to approve work plans; evaluation plans for projects which are not designated as nationally significant; changes in project scope, schedule, and spending plans; interim work products (as defined in the project work plan); final reports; and other work products for ITS projects funded under Title VI of ISTEA. For ITS projects designated by Washington Headquarters as nationally significant, these approvals are subject to prior review by the Washington Headquarters office that is providing funding for the project. (Projects designated as nationally significant will be identified with the funding authorization for the project.)

    3. For all ITS projects, the Division Administrator is responsible for ensuring that quarterly project status information and file copies of key written project documentation (e.g., work plans, evaluation plans, progress reports, interim reports, final reports) are provided to the Washington Headquarters office that is providing funding authorization for the project.

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