Page:United States Statutes at Large Volume 112 Part 1.djvu/254

 112 STAT. 228 PUBLIC LAW 105-178—JUNE 9, 1998 "(2) PROJECT AGREEMENT.— The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department formalizing the conditions of the project approval. " (3) CONTRACTUAL OBLIGATION.—The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project. "(4) GUIDANCE.—In taking action under this subsection, the Secretary shall be guided by section 109. " (b) PROJECT AGREEMENT.— "(1) PROVISION OF STATE FUNDS.— The project agreement shall make provision for State funds required to pay the State's non-Federal share of the cost of construction of the project and to pay for maintenance of the project after completion of construction. "(2) REPRESENTATIONS OF STATE.— If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1). "(c) ASSUMPTION BY STATES OF RESPONSIBILITIES OF THE SECRETARY.— "(1) NON-INTERSTATE NHS PROJECTS. — For projects under this title that are on the National Highway System but not on the Interstate System, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections of projects unless the State or the Secretary determines that such assumption is not appropriate. "(2) NON-NHS PROJECTS.—For projects under this title that are not on the National Highway System, the State shall assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspection of projects, unless the State determines that such assumption is not appropriate. "(3) AGREEMENT. — The Secretary and the State shall enter into an agreement relating to the extent to which the State assumes the responsibilities of the Secretary under this subsection. "(4) LIMITATION ON AUTHORITY OF SECRETARY.—The Secretary may not assume any greater responsibility than the Secretary is permitted under this title on September 30, 1997, except upon agreement by the Secretary and the State. "(d) RESPONSIBILITIES OF THE SECRETARY. — Nothing in this section, section 133, or section 149 shall affect or discharge any responsibility or obligation of the Secretary under— "(1) section 113 or 114; or "(2) any Federal law other than this title (including section 5333 of title 49). "(e) VALUE ENGINEERING ANALYSIS. —For such projects as the Secretary determines advisable, plans, specifications, and estimates

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