(a) 
         The State Department of Transportation (DOT) may proceed with a project authorized in accordance with title 23, United States Code:
     
    
        
        (1) 
         Without the use of Federal funds; and
     
    
        
        (2) 
         In accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
     
    
        
        (i) 
         With the aid of Federal funds previously apportioned or allocated to the State; or
     
    
        
        (ii) 
         With obligation authority previously allocated to the State.
     
    
        
        (b) 
         The FHWA, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.
     
    
        
            Code of Federal Regulations
        
        [73 FR 50196, Aug. 26, 2008]