The FHWA Guidance section on "Eligible Projects" has been superseded by a SAFETEA-LU amendment to 23 U.S.C. 115 and the subsequent change in FHWA regulations. All categories of Federal-aid highway funds are now eligible for advance construction. Additionally, the restriction that a state must obligate all of its allocated or apportioned funds, or demonstrate that it will use all obligation authority allocated to it for Federal-aid highways and highway safety construction, prior to the approval of advance construction projects, has been eliminated. This clarification was announced in the Federal Register (Docket No. FHWA-2007-0020) on August 26, 2008.
