Code of Federal Regulations Title 23. Highways § 23.420.105 What is the FHWA's policy on use of FHWA planning and research funds?

(a) If the FHWA determines that planning activities of national significance, identified in paragraph (b) of this section, and the requirements of 23 U.S.C. 134, 135, 303, and 505 are being adequately addressed, the FHWA will allow State DOTs and MPOs:

(b) The State DOTs must provide data that support the FHWA's responsibilities to the Congress and to the public. These data include, but are not limited to, information required for:  preparing proposed legislation and reports to the Congress;  evaluating the extent, performance, condition, and use of the Nation's transportation systems;  analyzing existing and proposed Federal-aid funding methods and levels and the assignment of user cost responsibility;  maintaining a critical information base on fuel availability, use, and revenues generated;  and calculating apportionment factors.

(c) The policy in paragraph (a) of this section does not remove the FHWA's responsibility and authority to determine which activities are eligible for funding. Activities proposed to be funded with FHWA planning and research funds by the State DOTs and their subrecipients shall be documented and submitted for FHWA approval and authorization as prescribed in §§ 420.111 and 420.113.