---
kind: "section"
citation: "23 C.F.R. § 630.108"
title: "23"
number: "630.108"
heading: "Preparation of agreement."
url: "https://uscodex.org/cfr/23/630.108"
---

# §630.108. Preparation of agreement.

- (a) The State DOT shall prepare a project agreement for each Federal-aid project.
- (b) The State DOT may develop the project agreement in a format acceptable to both the State DOT and the FHWA provided the following are included:
  - (1) A description of each project location including State and project termini;
  - (2) The Federal-aid project number;
  - (3) The work covered by the agreement;
  - (4) The total project cost and amount of Federal funds under agreement;
  - (5) The Federal-aid share of eligible project costs expressed as either a pro rata percentage or a lump sum as set forth in [§ 630.106(f)(1)](/cfr/23/630.106.md?p=f-1);
  - (6) A statement that the State accepts and will comply with the agreement provisions set forth in [§ 630.112](/cfr/23/630.112.md);
  - (7) A statement that the State stipulates that its signature on the project agreement constitutes the making of the certifications set for in [§ 630.112](/cfr/23/630.112.md); and
  - (8) **Signatures of officials from both the State and the FHWA, and the date executed.**
- (c) **The project agreement should also document, by comment, instances where—**
  - (1) The State is applying amounts of credits from special accounts (such as the [23 U.S.C. 120(j)](/usc/23/120.md?p=j) toll credits, [23 U.S.C. 144(n)](/usc/23/144.md?p=n) off-system bridge credits and [23 U.S.C. 323](/usc/23/323.md) land value credits) to cover all or a portion of the normal percent non-Federal share of the project;
  - (2) The project involves other arrangements affecting Federal funding or non-Federal matching provisions, including tapered match, donations, or use of other Federal agency funds, if known at the time the project agreement is executed; and
  - (3) The State is claiming finance related costs for bond and other debt instrument financing (such as payments to States under [23 U.S.C. 122](/usc/23/122.md)).
- (d) The State DOT may use an electronic version of the agreement as provided by the FHWA.

## Notes

### Source

Source: 66 FR 23847, May 10, 2001, unless otherwise noted.

### Authority

Authority: 23 U.S.C. 106, 109, 112, 115, 315, and 402(a); sec. 1110, 1501, and 1503, Pub. L. 109-59, 119 Stat. 1144; Pub. L. 105-178, 112 Stat. 193; Pub. L. 104-59, 109 Stat. 582; Pub. L. 97-424, 96 Stat. 2106; Pub. L. 90-495, 82 Stat. 828; Pub. L. 85-767, 72 Stat. 896; Pub. L. 84-627, 70 Stat. 380; sections 1303 and 1405, Pub. L. 112-141, 126 Stat. 405; and 23 CFR 1.32 and 49 CFR 1.81 and 1.85.