# 23 CFR § 420.105: What is the FHWA's policy on use of FHWA planning and research funds?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-23-420.105

## Section

- **Citation:** 23 CFR § 420.105
- **Heading:** What is the FHWA's policy on use of FHWA planning and research funds?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 23—Highways > CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER E—PLANNING AND RESEARCH > PART 420—PLANNING AND RESEARCH PROGRAM ADMINISTRATION > Subpart A—Administration of FHWA Planning and Research Funds

## Text

(a) If the FHWA determines that planning activities of national significance, identified in paragraph (b) of this section, and the requirements of 23 U.S.C. 134, 135, 303, and 505 are being adequately addressed, the FHWA will allow State DOTs and MPOs:
(1) Maximum possible flexibility in the use of FHWA planning and research funds to meet highway and local public transportation planning and RD&T needs at the national, State, and local levels while ensuring legal use of such funds and avoiding unnecessary duplication of efforts; and
(2) To determine which eligible planning and RD&T activities they desire to support with FHWA planning and research funds and at what funding level.
(b) The State DOTs must provide data that support the FHWA's responsibilities to the Congress and to the public. These data include, but are not limited to, information required for: preparing proposed legislation and reports to the Congress; evaluating the extent, performance, condition, and use of the Nation's transportation systems; analyzing existing and proposed Federal-aid funding methods and levels and the assignment of user cost responsibility; maintaining a critical information base on fuel availability, use, and revenues generated; and calculating apportionment factors.
(c) The policy in paragraph (a) of this section does not remove the FHWA's responsibility and authority to determine which activities are eligible for funding. Activities proposed to be funded with FHWA planning and research funds by the State DOTs and their subrecipients shall be documented and submitted for FHWA approval and authorization as prescribed in §§ 420.111 and 420.113. (The information collection requirements in paragraph (b) of § 420.105 have been approved by the Office of Management and Budget (OMB) under control numbers 2125-0028 and 2125-0032.)

## Nearby sections

- [23 CFR § 420.101 § 420.101 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.101.md)
- [23 CFR § 420.103 § 420.103 How does the FHWA define the terms used in this part?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.103.md)
- [23 CFR § 420.105 § 420.105 What is the FHWA's policy on use of FHWA planning and research funds?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.105.md)
- [23 CFR § 420.107 § 420.107 What is the minimum required expenditure of State planning and research funds for research development and technology transfer?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.107.md)
- [23 CFR § 420.109 § 420.109 What are the requirements for distribution of metropolitan planning funds?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.109.md)
- [23 CFR § 420.111 § 420.111 What are the documentation requirements for use of FHWA planning and research funds?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.111.md)
- [23 CFR § 420.113 § 420.113 What costs are eligible?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.113.md)
- [23 CFR § 420.115 § 420.115 What are the FHWA approval and authorization requirements?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.115.md)
- [23 CFR § 420.117 § 420.117 What are the program monitoring and reporting requirements?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.117.md)
- [23 CFR § 420.119 § 420.119 What are the fiscal requirements?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.119.md)
- [23 CFR § 420.121 § 420.121 What other requirements apply to the administration of FHWA planning and research funds?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.121.md)
- [23 CFR § 420.201 § 420.201 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.201.md)
- [23 CFR § 420.203 § 420.203 How does the FHWA define the terms used in this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.203.md)
- [23 CFR § 420.205 § 420.205 What is the FHWA's policy for research, development, and technology transfer funding?](https://www.frixlaw.com/law-library/statutes/ecfr-23-420.205.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-23-420.105. Check the current official text before relying on it. Not legal advice.