23 U.S.C. § 115
Section 115 · Advance construction
Current version, with additions and removals from the July 22, 1998 version.
(a) Congestion Mitigation and Air Quality Improvement, Surface Transportation, Bridge, Planning, and Research Projects.—
(1) General rule.—Subject to paragraph (2), when a State—
(A)(i) has obligated all funds apportioned or allocated to it under section 104(b)(2), 104(b)(3), 104(f), 144, or 505 of this title, or
(ii) has used or demonstrates that it will use all obligation authority allocated to it for Federal-aid highways and highway safety construction, and
(B) proceeds with a project funded under such an apportionment or allocation without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit the State to implementation of projects with the aid of Federal funds previously apportioned or allocated to it or limit a State to implementation of a project with obligation authority previously allocated to it for Federal-aid highways and highway safety construction,
the Secretary, upon approval of an application of the State, is authorized to pay to the State the Federal share of the cost of the project when additional funds are apportioned or allocated to the State under such section or when additional obligation authority is allocated to it.
(2) Plans, specifications, and applicable standards.—The Secretary may only make payments to a State with respect to a project if—
(A) prior to commencement of the project the Secretary approves the project in the same manner as the Secretary approves other projects, and
(B) the project conforms to the applicable standards under this title.
(b) Interstate and National Highway System Projects.—When a State proceeds to construct any project on the National Highway System or the Interstate System without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon approval of application of the State, is authorized to pay to the State the Federal share of the cost of construction of the project when additional funds are apportioned to the State under section 104(b)(1) or 104(b)(4), as the case may be, if—
(1) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and
(2) the project conforms to the applicable standards under section 109 of this title.
(c) 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).
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.
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.
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(g).