Common use of Repayment Process Clause in Contracts

Repayment Process. On occasion, a Sponsor may be requested to repay Federal funds. The following are common reasons for requesting such a refund: Federal Aid Ineligibility Notice (XXXX) issued by FHWA indicating they are withdrawing their participation in a project, or portion thereof, because of noncompliance with Federal law and/or regulations. After receiving the XXXX, the State is required to repay FHWA for any Federal reimbursements deemed ineligible. NYSDOT project review finds noncompliance with State or Federal laws and/or regulations, identifies ineligible activities, and determines Federal and State funds will be withdrawn from the project. FHWA’s Project Funds Management is based on the requirements of 23 CFR 630.106 for NYSDOT to review projects which have been inactive for 12 months or more (no bill received). Based on 23 CFR 630.106(5), FHWA may withdraw or de-obligate their participation in an inactive project which may require repayment of expenditures incurred. Withdrawal involves the release of funds on projects with little or no expenditure activity since Federal authorization. This action removes all Federal authorization to perform the work and revokes all Federal participation in a project. The funds and obligation authority are released to be used on other projects. Costs may not be incurred on this project until the project is placed back on the State Transportation Improvement Program (STIP) and is reauthorized by FHWA. Title 23 CFR 630.112(c)(2) requires NYSDOT to repay the sum of Federal funds for preliminary engineering (PE) if the project has not progressed to ROW acquisition or construction within 10 years of the PE authorization date. NYSDOT may request a time extension from FHWA. If the time extension is denied, then FHWA will require repayment of expenditures. The requirements of 23 CFR 630.112(c)(1) specifically require NYSDOT repay FHWA for ROW acquisition project charges incurred when projects have not progressed to construction within 20 years of PE authorization.

Repayment Process. On occasion, a Sponsor may be requested to repay Federal funds. The following are common reasons for requesting such a refund:  Federal Aid Ineligibility Notice (XXXX) issued by FHWA indicating they are withdrawing their participation in a project, or portion thereof, because of noncompliance with Federal law and/or regulations. After receiving the XXXX, the State is required to repay FHWA for any Federal reimbursements deemed ineligible.  NYSDOT project review finds noncompliance with State or Federal laws and/or regulations, identifies ineligible activities, and determines Federal and State funds will be withdrawn from the project.  FHWA’s Project Funds Management is based on the requirements of 23 CFR 630.106 for NYSDOT to review projects which have been inactive for 12 months or more (no bill received). Based on 23 CFR 630.106(5), FHWA may withdraw or de-obligate their participation in an inactive project which may require repayment of expenditures incurred. Withdrawal involves the release of funds on projects with little or no expenditure activity since Federal authorization. This action removes all Federal authorization to perform the work and revokes all Federal participation in a project. The funds and obligation authority are released to be used on other projects. Costs may not be incurred on this project until the project is placed back on the State Transportation Improvement Program (STIP) and is reauthorized by FHWA.  Title 23 CFR 630.112(c)(2) requires NYSDOT to repay the sum of Federal funds for preliminary engineering (PE) if the project has not progressed to ROW acquisition or construction within 10 years of the PE authorization date. NYSDOT may request a time extension from FHWA. If the time extension is denied, then FHWA will require repayment of expenditures.  The requirements of 23 CFR 630.112(c)(1) specifically require NYSDOT repay FHWA for ROW acquisition project charges incurred when projects have not progressed to construction within 20 years of PE authorization.

Repayment Process. On occasion, a Sponsor may be requested to repay Federal funds. The following are common reasons for requesting such a refund: • Federal Aid Ineligibility Notice (XXXX) issued by FHWA indicating they are withdrawing their participation in a project, or portion thereof, because of noncompliance with Federal law and/or regulations. After receiving the XXXX, the State is required to repay FHWA for any Federal reimbursements deemed ineligible. • NYSDOT project review finds noncompliance with State or Federal laws and/or regulations, identifies ineligible activities, and determines Federal and State funds will be withdrawn from the project. • FHWA’s Project Funds Management is based on the requirements of 23 CFR 630.106 for NYSDOT to review projects which have been inactive for 12 months or more (no bill received). Based on 23 CFR 630.106(5), FHWA may withdraw or de-obligate their participation in an inactive project which may require repayment of expenditures incurred. Withdrawal involves the release of funds on projects with little or no expenditure activity since Federal authorization. This action removes all Federal authorization to perform the work and revokes all Federal participation in a project. The funds and obligation authority are released to be used on other projects. Costs may not be incurred on this project until the project is placed back on the State Transportation Improvement Program (STIP) and is reauthorized by FHWA. • Title 23 CFR 630.112(c)(2) requires NYSDOT to repay the sum of Federal funds for preliminary engineering (PE) if the project has not progressed to ROW acquisition or construction within 10 years of the PE authorization date. NYSDOT may request a time extension from FHWA. If the time extension is denied, then FHWA will require repayment of expenditures. The requirements of 23 CFR 630.112(c)(1) specifically require NYSDOT repay FHWA for ROW acquisition project charges incurred when projects have not progressed to construction within 20 years of PE authorization.