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Legislation

The major project requirements are stipulated in 23 USC 106(h) at 23 U.S.C. § 106 : US Code - Section 106: Project approval and oversight at http://codes.lp.findlaw.com/uscode/23/1/106.

A summary of changes to the Major Projects requirements by MAP-21 is provided in Interim Major Project Financial Plan Guidance issued by FHWA on September 24, 2012

The Major Project Legal requirements are shown below, with the new additions added by MAP-21 shown in bold font.

h) MAJOR PROJECTS.-

1. IN GENERAL. - Notwithstanding any other provision of this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, and recipients for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project -
   1. a project management plan; and
   2. an annual financial plan, including a phasing plan when applicable.
2. PROJECT MANAGEMENT PLAN. - A project management plan shall document -
   1. the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and
   2. the role of the agency leadership and management team in the delivery of the project.
3. FINANCIAL PLAN- A financial plan--
   1. shall be based on detailed estimates of the cost to complete the project;
   2. shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project;
   3. may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and
   4. shall assess the appropriateness of a public-private partnership to deliver the project.