(a) 
         A State may elect to reimburse the railroad company for its overhead and indirect construction costs.
     
    
        
        (b) 
         The FHWA will participate in these costs provided that:
     
    
        
        (1) 
         The costs are distributed to all applicable work orders and other functions on an equitable and uniform basis in accordance with generally accepted accounting principles;
     
    
        
        (2) 
         The costs included in the distribution are limited to costs actually incurred by the railroad;
     
    
        
        (3) 
         The costs are eligible in accordance with the Federal Acquisition Regulation (48 CFR),  part 31, Contract Cost Principles and Procedures, relating to contracts with commercial organizations;
     
    
        
        (4) 
         The costs are considered reasonable;
     
    
        
        (5) 
         Records are readily available at a single location which adequately support the costs included in the distribution, the method used for distributing the costs, and the basis for determining additive rates;
     
    
        
        (6) 
         The rates are adjusted at least annually taking into consideration any overrecovery or underrecovery of costs; and
     
    
        
        (7) 
         The railroad maintains written procedures which assure proper control and distribution of the overhead and indirect construction costs.
     
    
        
            Code of Federal Regulations
        
        [53 FR 18276, May 23, 1988]