49 C.F.R. § 26.3

To whom does this part apply?

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(a) If you are a recipient of any of the following types of funds, this part applies to you:

(1) Federal-aid highway funds authorized under Titles I (other than Part B) and V of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law 102-240, 105 Stat. 1914, or Titles I, III, and V of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107. Titles I, III, and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1144; Divisions A and B of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, 126 Stat. 405; Titles I, II, III, and VI of the Fixing America's Surface Transportation Act (FAST Act) Public Law 114-94;, and Divisions A and C of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58.

(2) Federal transit funds authorized by Titles I, III, V and VI of ISTEA, Public Law 102-240 or by Federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the TEA-21, Public Law 105-178. Titles I, III, and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1144; Divisions A and B of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, 126 Stat. 405; Titles I, II, III, and VI of the Fixing America's Surface Transportation Act (FAST Act) Public Law 114-94; and Divisions A and C of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), Public Law 117-58.

(3) Airport funds authorized by 49 U.S.C. 47101, et seq.

(b) [Reserved]

(c) If you are letting a contract, and that contract is to be performed entirely outside the United States, its territories and possessions, Puerto Rico, Guam, or the Northern Mariana Islands, this part does not apply to the contract.

(d) If you are letting a contract in which DOT financial assistance does not participate, this part does not apply to the contract.

[89 FR 24963, Apr. 9, 2024]

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2000–2024 · leading case: Adarand Constructors, Inc. v. Slater, 228 F.3d 1147 (10th Cir. 2000).

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Adarand Constructors, Inc. v. Slater, 228 F.3d 1147 (10th Cir. 2000). “The current regulations, which apply to any federal highway funds authorized under ISTEA or TEA-21, see 49 C.F.R. § 26.3 (a) (2000), are located at 49 C.”

Interstate Traffic Control v. Beverage, 101 F. Supp. 2d 445 (S.D.W. Va 2000). “See 49 C.F.R. §§ 26.3 , 26.21(a)(1) (1999). Failure to comply with DBE program requirements can result in loss of federal funds.”

South Florida Chapter of the Associated Gen. Contractors v. Broward Cnty., 544 F. Supp. 2d 1336 (S.D. Fla. 2008). “49 C.F.R. § 26.3 . 3 . The United States appears not to be of one mind on this issue, however.”

Best Wood Judge Firewood & Tree Serv. v. United States Dep't of Transp., 784 F. Supp. 2d 1059 (E.D. Wis. 2011). “See 49 C.F.R. § 26.3 . It provides that such recipients may certify firms as eligible to participate as DBEs.”

Bruckner v. Biden (M.D. Fla. 2023). “49 C.F.R. § 26.3 ; see also Defs.’ Ex. McCallum’s First Decl.”

RBG Plastic, LLC v. Disability:In (S.D. Fla. 2024). “]” 749 C.F.R. § 26.3 clarifies that Part 26 applies to recipients of the following types of DOT funds: Specifically, to receive funding from the Department of Transportation, federal aid recipients must make reasonable efforts to award at least 10% of the funds to disadvantaged…”

L.A. Barrier & Son, Inc. v. South Carolina Dep't of Transp. (S.C. Ct. App. 2008). “49 C.F.R. § 26.3 (2007). DBE programs were created to ensure nondiscrimination in the award of Department of Transportation contracts and to provide a level playing field for eligible businesses.”

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