DOT 23 CFR PART 1250-2011 POLITICAL SUBDIVISION PARTICIPATION IN STATE HIGHWAY SAFETY PROGRAMS.pdf

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1、533 SUBCHAPTER CGENERAL PROVISIONS PART 1250POLITICAL SUBDIVI-SION PARTICIPATION IN STATE HIGHWAY SAFETY PROGRAMS Sec. 1250.1 Scope. 1250.2 Purpose. 1250.3 Policy. 1250.4 Determining local share. 1250.5 Waivers. AUTHORITY: 23 U.S.C. 315, 402(b); and dele-gations of authority at 49 CFR 1.48 and 1.50.

2、 SOURCE: 41 FR 23948, June 14, 1976, unless otherwise noted. 1250.1 Scope. This part establishes guidelines for the States to assure their meeting the requirements for 40 percent political subdivision participation in State high-way safety programs under 23 U.S.C. 402 (b)(1)(C). 1250.2 Purpose. The

3、purpose of this part is to provide guidelines to determine whether a State is in compliance with the re-quirement that at least 40 percent of all Federal funds apportioned under 23 U.S.C. 402 will be expended by political subdivisions of such State. 1250.3 Policy. To assure that the provisions of 23

4、 U.S.C. 402(b)(1)(C) are complied with, the NHTSA and FHWA field offices will: (a) Prior to approving the States An-nual Work Program (AWP), review the AWP and each of the subelement plans which make up the AWP. The NHTSA Regional Administrator will review the 1412 safety standard areas for which NH

5、TSA is responsible and the FHWA Division Administrator will review the 312 safety standard areas for which FHWA is responsible. The narrative de-scription for each subelement plan should contain sufficient information to identify the funds to be expended by, or for the benefit of the political sub-d

6、ivisions. (b) Withhold approval of a States AWP, as provided in Highway Safety Program Manual volume 103, chapter III, paragraph 3c, where the program does not provide at least 40 percent of Federal funds for planned local pro-gram expenditures. (c) During the management review of the States operati

7、ons, determine if the political subdivisions had an active voice in the initiation, development and implementation of the programs for which such sums were expended. 1250.4 Determining local share. (a) In determining whether a State meets the requirement that at least 40 percent of Federal 402 funds

8、 be ex-pended by political subdivisions, FHWA and NHTSA will apply the 40 percent requirement sequentially to each fiscal years apportionments, treating all ap-portionments made from a single fiscal years authorizations as a single entity for this purpose. Therefore, at least 40 percent of each Stat

9、es apportionments from each years authorizations must be used in the highway safety programs of its political subdivisions prior to the period when funds would normally lapse. The 40 percent requirement is applicable to the States total federally funded safety program irrespective of Standard design

10、ation or Agency re-sponsibility. (b) When Federal funds apportioned under 23 U.S.C. 402 are expended by a political subdivision, such expenditures are clearly part of the local share. Local safety project related expendi-tures and associated indirect costs, which are reimbursable to the grantee loca

11、l governments, are classifiable as the local share of Federal funds. Illus-trations of such expenditures are the cost incurred by a local government in planning and administration of project related safety activities, driver edu-cation activities, traffic court pro-grams, traffic records system impr

12、ove-ments, upgrading emergency medical services, pedestrian safety activities, improved traffic enforcement, alcohol countermeasures, highway debris re-moval programs, pupil transportation programs, accident investigation, sur-veillance of high accident locations, and traffic engineering services. V

13、erDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-534 23 CFR Ch. II (4111 Edition) 1250.5 (c) When Federal funds

14、 apportioned under 23 U.S.C. 402 are expended by the State or a State agency for the benefit of a political subdivision, such funds may be considered as part of the local share, provided that the political sub-division benefitted has had an active voice in the initiation, development, and implementa

15、tion of the programs for which such funds are expended. In no case may the State arbitrarily as-cribe State agency expenditures as benefitting local government. Where political subdivisions have had an ac-tive voice in the initiation, develop-ment, and implementation of a par-ticular program, and a

16、political sub-division which has not had such active voice agrees in advance of implementa-tion to accept the benefits of the pro-gram, the Federal share of the cost of such benefits may be credited toward meeting the 40 percent local participa-tion requirement. Where no political subdivisions have

17、had an active voice in the initiation, development, and im-plementation of a particular program, but a political subdivision requests the benefits of the program as part of the local governments highway safety pro-gram, the Federal share of the cost of such benefits may be credited toward meeting th

18、e 40 percent local participa-tion requirement. Evidence of consent and acceptance of the work, goods or services on behalf of the local govern-ment must be established and main-tained on file by the State, until all funds authorized for a specific year are expended and audits completed. (d) State ag

19、ency expenditures which are generally not classified as local are within such standard areas as vehicle inspection, vehicle registration and driver licensing. However, where these Standards provide funding for services such as: driver improvement tasks ad-ministered by traffic courts, or where they

20、furnish computer support for local government requests for traffic record searches, these expenditures are classi-fiable as benefitting local programs. 1250.5 Waivers. While the 40 percent requirement may be waived in whole or in part by the Secretary or his delegate, it is ex-pected that each State

21、 program will generate political subdivision partici-pation to the extent required by the Act so that requests for waivers will be minimized. Where a waiver is re-quested, however, it will be docu-mented at least by a conclusive show-ing of the absence of legal authority over highway safety activiti

22、es at the political subdivision levels of the State and will recommend the appropriate percentage participation to be applied in lieu of the 40 percent. PART 1251STATE HIGHWAY SAFETY AGENCY Sec. 1251.1 Purpose. 1251.2 Policy. 1251.3 Authority. 1251.4 Functions. AUTHORITY: 23 U.S.C. 402; 23 U.S.C. 31

23、5; 49 CFR 1.48 and 1.50. SOURCE: 45 FR 59145, Sept. 8, 1980, unless otherwise noted. 1251.1 Purpose. The purpose of this part is to pre-scribe the minimum authority and functions of the State Highway Safety Agency established in each State by the Governor under the authority of the Highway Safety Ac

24、t (23 U.S.C. 402). 1251.2 Policy. In order for a State to receive funds under the Highway Safety Act, the Governor shall exercise his or her re-sponsibilities through a State Highway Safety Agency that has adequate pow-ers and is suitably equipped and orga-nized to carry out the program to the satis

25、faction of the Secretary. 23 U.S.C. 402(b)(1)(A). Accordingly, it is the policy of this part that approval of a States Highway Safety Plan will de-pend upon the States compliance with 1251.3 and 1251.4 of this part. 1251.3 Authority. Each State Highway Safety Agency shall be authorized to: (a) Devel

26、op and implement a process for obtaining information about the highway safety programs administered by other State and local agencies. (b) Periodically review and comment to the Governor on the effectiveness of highway safety plans and activities in the State regardless of funding source. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-