§ 309c — Cancellation of locally managed projects

(a) Notwithstanding section 309a of this title, a municipality or other local sponsor responsible for a locally managed project through a grant agreement with the Agency shall be responsible for the repayment, in whole or in part, of federal funds required by the Federal Highway Administration or other federal agency because of cancellation of the project by the municipality or other local sponsor due to circumstances or events wholly or partly within the municipality’s or other local sponsor’s control. Prior to any such determination that cancellation of a project was due to circumstances or events wholly or partly within a municipality’s or other local sponsor’s control, the Agency shall consult with the municipality or other local sponsor to attempt to reach an agreement to determine the scope of the municipality’s or other local sponsor’s repayment obligation.
(b) Within 15 days of an Agency determination under subsection (a) of this section, a municipality may petition the Board for a hearing to determine if cancellation of the project was due to circumstances or events in whole or in part outside the municipality’s control. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 30 days thereafter. If the Board determines that cancellation of the project was due in whole or in part to circumstances or events outside the municipality’s control, it shall order that the municipality’s repayment obligation be reduced proportionally, in whole or in part. The municipality shall have no obligation to make a repayment under this section until the Board issues its order. (Added 2009, No. 123 (Adj. Sess.), § 30.)