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Q & A: #1108-2
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Question 1108-2: What are the requirements that a State must meet in order to take advantage of the Transportation Enhancement Program advance payment option?

Answer: There are no requirements that the state must meet in order to exercise the advance payment option. However, before TEA-21, advance payment was only available to a State if their process of Transportation Enhancement project selection had been certified by FHWA to "involve representatives of affected public entities, and private citizens, with expertise in transportation enhancement activities" 23 U.S.C. 133(e). TEA-21 Section 1108(b)(2)(A) specifically dropped this certification language while retaining the advance payment option. Therefore, a State is not required to have its process certified in order to take advantage of the advance payment option.

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