Sec. 11119. At-risk project preagreement authority
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/bill/114/hr/22/eas/section-11119A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term preliminary engineering means allowable preconstruction project development and engineering costs. A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may— incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary to proceed with the project; and request reimbursement of applicable Federal funds after the project authorization is received.
The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)— if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met; in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) have been met; and if the costs would have been allowable if incurred after the date of the project authorization by the Department.
A recipient or subrecipient that elects to use the authority provided under this section shall— assume all risk for preliminary engineering costs incurred prior to project authorization; and be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received. Nothing in this section— allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process; waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.
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Sec. 11119
At-risk project preagreement authority
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