Receipt of Federal-Aid Funds by State; Department Authorized to Waive Chapter Provisions Inconsistent With or Contrary to Federal Laws, Rules, or Regulations

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Funds for Public Roads
  5. Federal Funds
  6. Receipt of Federal-Aid Funds by State; Department Authorized to Waive Chapter Provisions Inconsistent With or Contrary to Federal Laws, Rules, or Regulations

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  1. The state treasurer is designated a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority.
  2. If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes.

(Code 1933, § 95A-701, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1991, p. 94, § 32; Ga. L. 1993, p. 1402, § 18; Ga. L. 1999, p. 112, § 1; Ga. L. 2001, p. 1251, § 1-4; Ga. L. 2010, p. 863, § 3/SB 296.)

Law reviews.

- For article, "Standards for Smart Growth: Searching for Limits on Agency Discretion and the Georgia Regional Transportation Authority," see 36 Georgia L. Rev. 247 (2001). For note on 1999 amendment to this Code section, see 16 Ga. St. U. L. Rev. 233 (1999).

JUDICIAL DECISIONS

Cited in Campbell v. State Rd. & Tollway Auth., 276 Ga. 714, 583 S.E.2d 32 (2003).

OPINIONS OF THE ATTORNEY GENERAL

No expenditure of money on historic preservation if not for transportation.

- Department of Transportation may expend federal and state funds on transportation enhancement activities as defined in 23 U.S.C. § 101(a) in those instances when the Code of Public Transportation gives the department the authority to expend such funds, but the Department of Transportation has no authority to expend federal or state money on historic preservation, rehabilitation, and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals) when such buildings, structures, or facilities are not being acquired for transportation purposes. 1993 Op. Att'y Gen. No. 93-3 (decided prior to 1993 amendment of O.C.G.A. § 32-1-3).


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