Common use of FEDERAL APPROVALS Clause in Contracts

FEDERAL APPROVALS. AND RELATED RESPONSIBILITIES THAT MAY NOT BE ASSUMED BY THE STATE DOT A. Any approval or related responsibility not listed in Attachment A cannot be assumed by the State without prior concurrence by FHWA Headquarters. The following is a list of the most frequently-occurring approvals and related responsibilities that may not be assumed by the State DOT: • Civil Rights Program approvals; • Environmental approvals, except those specifically assumed under other agreements. (23 U.S.C. 326 and 327; programmatic categorical exclusion agreements); • Federal air quality conformity determinations required by the Clean Air Act; • Approval of current xxxx and final vouchers; • Approval of federally-funded hardship acquisition, protective buying, and 23 U.S.C. 108(d) early acquisition; • Project agreements and modifications to project agreements and obligation of funds (including advance construction); • Planning and programming pursuant to 23 U.S.C. 134 and 135; • Special Experimental Projects (SEP-14 and SEP-15); • Use of Interstate airspace for non-highway-related purposes; • Any Federal agency approval or determination under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, and implementing regulations in 49 CFR Part 24; • Waivers to Buy America requirements; • Approval of Federal participation under 23 CFR 1.9(b); • Provide pre-approval for preventive maintenance project (until FHWA concurs with State DOT procedures); • Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations, or other contributions applied to a project; • Functional replacement of property; • Approval of a time extension for preliminary engineering projects beyond the 10-year limit, in the event that actual construction or acquisition of right-of-way for a highway project has not commenced; • Approval of a time extension beyond the 20-year limit for right of way projects, in the event that actual construction of a road on the right-of-way is not undertaken; • Determine need for Coast Guard Permit; • Training Special Provision – Approval of New Project Training Programs; and • Any other approval or activity not specifically identified in Attachment A unless otherwise approved by the FHWA, including the Office of Chief Counsel. B. For all projects and programs, the State DOT will comply with Title 23 and all applicable non-Title 23, U.S.C. Federal-aid program requirements, such as metropolitan and statewide planning; environment; procurement of engineering and design related service contracts (except as provided in 23 U.S.C. 109(o)); Civil Rights including Title VI of the Civil Rights Act, and participation by Disadvantaged Business Enterprises; prevailing wage rates; and acquisition of right-of-way, etc. C. This Agreement does not modify the FHWA’s non-Title 23 program approval and related responsibilities, such as approvals required under the Clean Air Act; National Environmental Policy Act, Executive Order on Environmental Justice (E.O. 12898), and other related environmental laws and statutes; the Uniform Act; and the Civil Rights Act of 1964 and related statutes.

FEDERAL APPROVALS. AND RELATED RESPONSIBILITIES THAT MAY NOT BE ASSUMED BY THE STATE DOT A. Any approval or related responsibility not listed in Attachment A cannot be assumed by the State without prior concurrence by FHWA Headquarters. The following is a list of the most frequently-occurring approvals and related responsibilities that may not be assumed by the State DOT: • Civil Rights Program approvals; • Environmental approvals, except those specifically assumed under other agreements. (23 U.S.C. 326 and 327; programmatic categorical exclusion agreements); • Federal air quality conformity determinations required by the Clean Air Act; • Approval of current xxxx bill and final vouchers; • Approval of federally-funded hardship acquisition, protective buying, and 23 U.S.C. 108(d) early acquisition; • Project agreements and modifications to project agreements and obligation of funds (including advance construction); • Planning and programming pursuant to 23 U.S.C. 134 and 135; • Special Experimental Projects (SEP-14 and SEP-15); • Use of Interstate airspace for non-highway-related purposes; • Any Federal agency approval or determination under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, and implementing regulations in 49 CFR Part 24; • Waivers to Buy America requirements; • Approval of Federal participation under 23 CFR 1.9(b); • Provide pre-approval for preventive maintenance project (until FHWA concurs with State DOT procedures); • Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations, or other contributions applied to a project; • Functional replacement of property; • Approval of a time extension for preliminary engineering projects beyond the 10-year limit, in the event that actual construction or acquisition of right-of-way for a highway project has not commenced; • Approval of a time extension beyond the 20-year limit for right of way projects, in the event that actual construction of a road on the right-of-way is not undertaken; • Determine need for Coast Guard Permit; • Training Special Provision – Approval of New Project Training Programs; and • Any other approval or activity not specifically identified in Attachment A unless otherwise approved by the FHWA, including the Office of Chief Counsel. B. For all projects and programs, the State DOT will comply with Title 23 and all applicable non-Title 23, U.S.C. Federal-aid program requirements, such as metropolitan and statewide planning; environment; procurement of engineering and design related service contracts (except as provided in 23 U.S.C. 109(o)); Civil Rights including Title VI of the Civil Rights Act, and participation by Disadvantaged Business Enterprises; prevailing wage rates; and acquisition of right-of-way, etc.etc.‌‌ C. This Agreement does not modify the FHWA’s non-Title 23 program approval and related responsibilities, such as approvals required under the Clean Air Act; National Environmental Policy Act, Executive Order on Environmental Justice (E.O. 12898), and other related environmental laws and statutes; the Uniform Act; and the Civil Rights Act of 1964 and related statutes.

FEDERAL APPROVALS. AND RELATED RESPONSIBILITIES THAT MAY NOT BE ASSUMED BY THE STATE DOT A. Any approval or related responsibility not listed in Attachment A cannot be assumed by the State without prior concurrence by FHWA Headquarters. The following is a list of the most frequently-occurring approvals and related responsibilities that may not be assumed by the State DOT: • Civil Rights Program approvals; • Environmental approvals, except those specifically assumed under other agreements. (23 U.S.C. 326 and 327; programmatic categorical exclusion agreements); • Federal air quality conformity determinations required by the Clean Air Act; • Approval of current xxxx bill and final vouchers; • Approval of federally-funded hardship acquisition, protective buying, and 23 U.S.C. 108(d) early acquisition; • Project agreements and modifications to project agreements and obligation of funds (including advance construction); • Planning and programming pursuant to 23 U.S.C. 134 and 135; • Special Experimental Projects (SEP-14 and SEP-15); • Use of Interstate airspace for non-highway-related purposes; • Any Federal agency approval or determination under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, and implementing regulations in 49 CFR Part 24; • Waivers to Buy America requirements; • Approval of Federal participation under 23 CFR 1.9(b); • Provide pre-approval for preventive maintenance project (until FHWA concurs with State DOT procedures); • Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations, or other contributions applied to a project; • Functional replacement of property; • Approval of a time extension for preliminary engineering projects beyond the 10-year limit, in the event that actual construction or acquisition of right-of-way for a highway project has not commenced; • Approval of a time extension beyond the 20-year limit for right of way projects, in the event that actual construction of a road on the right-of-way is not undertaken; • Determine need for Coast Guard Permit; • Training Special Provision – Approval of New Project Training Programs; and • Any other approval or activity not specifically identified in Attachment A unless otherwise approved by the FHWA, including the Office of Chief Counsel. B. For all projects and programs, the State DOT will comply with Title 23 and all applicable non-Title 23, U.S.C. Federal-aid program requirements, such as metropolitan and statewide planning; environment; procurement of engineering and design related service contracts (except as provided in 23 U.S.C. 109(o)); Civil Rights including Title VI of the Civil Rights Act, and participation by Disadvantaged Business Enterprises; prevailing wage rates; and acquisition of right-of-way, etc. C. This Agreement does not modify the FHWA’s non-Title 23 program approval and related responsibilities, such as approvals required under the Clean Air Act; National Environmental Policy Act, Executive Order on Environmental Justice (E.O. 12898), and other related environmental laws and statutes; the Uniform Act; and the Civil Rights Act of 1964 and related statutes.