Sec. 1440. AT-RISK PROJECT PREAGREEMENT AUTHORITY
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## SEC. 1440 AT-RISK PROJECT PREAGREEMENT AUTHORITY **[**[23 U.S.C. 121 note](/us/usc/t23/s121)**]** ###
(a)Definition of Preliminary Engineering In this section, the term “preliminary engineering” means allowable preconstruction project development and engineering costs. ###
(b)At-risk Project Preagreement Authority A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may— ####
(1)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 ####
(2)request reimbursement of applicable Federal funds after the project authorization is received. ###
(c)Eligibility The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)— ####
(1)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; ####
(2)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 ####
(3)if the costs would have been allowable if incurred after the date of the project authorization by the Department. ###
(d)At-risk A recipient or subrecipient that elects to use the authority provided under this section shall— ####
(1)assume all risk for preliminary engineering costs incurred prior to project authorization; and ####
(2)be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received. ###
(e)Restrictions Nothing in this section— ####
(1)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; ####
(2)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 ####
(3)guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.
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