23 U.S.C. § 121: Payment to States for construction

that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity. No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project. Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State. In this section, the term ‘preliminary engineering’ means allowable preconstruction project development and engineering costs. 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 [of Transportation] to proceed with the project; and request reimbursement of applicable Federal funds after the project authorization is received. 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. 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. 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.”