23 C.F.R. § 1.36
Compliance with Federal laws and regulations
If the Administrator determines that a State has violated or failed to comply with the Federal laws or the regulations in this part with respect to a project, he may withhold payment to the State of Federal funds on account of such project, withhold approval of further projects in the State, and take such other action that he deems appropriate under the circumstances, until compliance or remedial action has been accomplished by the State to the satisfaction of the Administrator.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1975–2024 · leading case: Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 743 F. Supp. 977 (N.D.N.Y. 1990).
Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 743 F. Supp. 977 (N.D.N.Y. 1990). “68 (e)(1); 23 C.F.R. § 1.36 . C. The New York DOT’s Contract Letting Process The New York State Department of Transportation administers the federal DBE program and the state W/MBE program in a similar fashion.”
State of Tenn. Ex Rel. Leech v. Dole, 567 F. Supp. 704 (M.D. Tenn. 1983). “True it is that 23 C.F.R. § 1.36 provides authority to the FHWA Administrator to withhold payments and to take other appropriate action, this regulation applies only if a State fails to comply with or violates federal law or regulations.”
State of Nebraska, Dep't of Roads v. Norbert T. Tiemann, Fed. High. Adm'r, 510 F.2d 446 (8th Cir. 1975). “” One of the regulations so promulgated under this authority is 23 C.F.R. § 1.36 (1974), which provides that if the Administrator determines that a state is not in compliance with federal laws or regulations with regard to highway projects, he may “withhold approval of further…”
Ross v. Fed. High. Admin., 162 F.3d 1046 (10th Cir. 1998). “§ 120 ; 23 C.F.R. § 1.36 ; 42 U.S.C. § 4332 (2)(C).”
Cone Corp. v. Florida Dep't of Transp., 921 F.2d 1190 (11th Cir. 1991). “43(b)-(c); 23 C.F.R. § 1.36 (1990). Two provisions of the federal regulations, however, allow states to escape certain of these requirements and still receive federal funds.”
South Dakota v. Adams, 587 F.2d 915 (8th Cir. 1978). “” Pursuant to this authority, the Secretary promulgated 23 C.F.R. § 1.36 (1977), which authorizes the administrator of the Federal Highway Administration to take such action as he *919 deems appropriate to bring a state into compliance with the Act.”
NH Dept. of Admin. v. Ramsey, 366 F.3d 1 (1st Cir. 2004). “23 C.F.R. § 1.36 . Some provisions of the STA Act contain more specific enforcement procedures, see, e.”
AMP v. Commonwealth of Puerto Rico (1st Cir. 2019). “§ 106 (g) (requiring the Secretary of Transportation to establish oversight programs to monitor the use federal highway funds); 23 C.F.R. § 1.36 (authorizing the Federal Highway Administrator to withhold federal funds, withhold project approval, or take other action if the…”
Commonwealth of Kentucky v. Fed. High. Admin. (W.D. Ky. 2024). “See also 23 C.F.R. § 1.36 (“If the Administrator determines that a State has … failed to comply with the Federal laws or the regulations in this part with respect to a project, he may withhold payment to the State of Federal funds on account of such project, withhold approval of…”
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