1、534 23 CFR Ch. II (4111 Edition) 1250.5 (c) When Federal funds apportioned under 23 U.S.C. 402 are expended by the State or a State agency for the benefit of a political subdivision, such funds may be considered as part of the local share, provided that the political sub-division benefitted has had
2、an active voice in the initiation, development, and implementation of the programs for which such funds are expended. In no case may the State arbitrarily as-cribe State agency expenditures as benefitting local government. Where political subdivisions have had an ac-tive voice in the initiation, dev
3、elop-ment, and implementation of a par-ticular program, and a political sub-division which has not had such active voice agrees in advance of implementa-tion to accept the benefits of the pro-gram, the Federal share of the cost of such benefits may be credited toward meeting the 40 percent local par
4、ticipa-tion requirement. Where no political subdivisions have had an active voice in the initiation, development, and im-plementation of a particular program, but a political subdivision requests the benefits of the program as part of the local governments highway safety pro-gram, the Federal share
5、of the cost of such benefits may be credited toward meeting the 40 percent local participa-tion requirement. Evidence of consent and acceptance of the work, goods or services on behalf of the local govern-ment must be established and main-tained on file by the State, until all funds authorized for a
6、 specific year are expended and audits completed. (d) State agency expenditures which are generally not classified as local are within such standard areas as vehicle inspection, vehicle registration and driver licensing. However, where these Standards provide funding for services such as: driver imp
7、rovement tasks ad-ministered by traffic courts, or where they furnish computer support for local government requests for traffic record searches, these expenditures are classi-fiable as benefitting local programs. 1250.5 Waivers. While the 40 percent requirement may be waived in whole or in part by
8、the Secretary or his delegate, it is ex-pected that each State program will generate political subdivision partici-pation to the extent required by the Act so that requests for waivers will be minimized. Where a waiver is re-quested, however, it will be docu-mented at least by a conclusive show-ing
9、of the absence of legal authority over highway safety activities at the political subdivision levels of the State and will recommend the appropriate percentage participation to be applied in lieu of the 40 percent. PART 1251STATE HIGHWAY SAFETY AGENCY Sec. 1251.1 Purpose. 1251.2 Policy. 1251.3 Autho
10、rity. 1251.4 Functions. AUTHORITY: 23 U.S.C. 402; 23 U.S.C. 315; 49 CFR 1.48 and 1.50. SOURCE: 45 FR 59145, Sept. 8, 1980, unless otherwise noted. 1251.1 Purpose. The purpose of this part is to pre-scribe the minimum authority and functions of the State Highway Safety Agency established in each Stat
11、e by the Governor under the authority of the Highway Safety Act (23 U.S.C. 402). 1251.2 Policy. In order for a State to receive funds under the Highway Safety Act, the Governor shall exercise his or her re-sponsibilities through a State Highway Safety Agency that has adequate pow-ers and is suitably
12、 equipped and orga-nized to carry out the program to the satisfaction of the Secretary. 23 U.S.C. 402(b)(1)(A). Accordingly, it is the policy of this part that approval of a States Highway Safety Plan will de-pend upon the States compliance with 1251.3 and 1251.4 of this part. 1251.3 Authority. Each
13、 State Highway Safety Agency shall be authorized to: (a) Develop and implement a process for obtaining information about the highway safety programs administered by other State and local agencies. (b) Periodically review and comment to the Governor on the effectiveness of highway safety plans and ac
14、tivities in the State regardless of funding source. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-535 NHTSA
15、 and FHWA, DOT 1252.2 (c) Provide or facilitate the provision of technical assistance to other State agencies and political subdivisions to develop highway safety programs. (d) Provide financial and technical assistance to other State agencies and political subdivisions in carrying out highway safet
16、y programs. 1251.4 Functions. Each State Highway Safety Agency shall: (a) Develop and prepare the Highway Safety Plan prescribed by volume 102 of the Highway Safety Program Manual (23 CFR 1204.4, Supplement B), based on evaluation of highway accidents and safety problems within the State. (b) Establ
17、ish priorities for highway safety programs funded under 23 U.S.C. 402 within the State. (c) Provide information and assist-ance to prospective aid recipients on program benefits, procedures for par-ticipation, and development of plans. (d) Encourage and assist local units of government to improve th
18、eir high-way safety planning and administra-tion efforts. (e) Review the implementation of State and local highway safety plans and programs, regardless of funding source, and evaluate the implementa-tion of those plans and programs fund-ed under 23 U.S.C. 402. (f) Monitor the progress of activities
19、 and the expenditure of section 402 funds contained in the States approved Highway Safety Plan. (g) Assure that independent audits are made of the financial operations of the State Highway Safety Agency and of the use of section 402 funds by any subrecipient. (h) Coordinate the State Highway Safety
20、Agencys Highway Safety Plan with other federally and non-federally supported programs relating to or af-fecting highway safety. (i) Assess program performance through analysis of data relevant to highway safety planning. PART 1252STATE MATCHING OF PLANNING AND ADMINISTRA-TION COSTS Sec. 1252.1 Purpo
21、se. 1252.2 Definitions. 1252.3 Applicability. 1252.4 Policy. 1252.5 Procedures. 1252.6 Responsibilities. AUTHORITY: 23 U.S.C. 402 and 315; 49 CFR 1.48(b) and 1.50. SOURCE: 45 FR 47145, July 14, 1980, unless otherwise noted. 1252.1 Purpose. This part establishes the National Highway Traffic Safety Ad
22、ministration (NHTSA) and the Federal Highway Ad-ministration (FHWA) policy on plan-ning and administration (P&A) costs for State highway safety agencies. It defines planning and administration costs, describes the expenditures that may be used to satisfy the State matching requirement, prescribes ho
23、w the requirement will be met, and when States will have to comply with the re-quirement. 1252.2 Definitions. (a) Fiscal year means the twelve months beginning each October 1, and ending the following September 30. (b) Direct costs are those costs which can be identified specifically with a particul
24、ar planning and administration or program activity. The salary of a data analyst on the State highway safety agency staff is an example of a direct cost attributable to P&A. The salary of an emergency medical techni-cian course instructor is an example of direct cost attributable to a program activi
25、ty. (c) Indirect costs are those costs (1) in-curred for a common or joint purpose benefiting more than one program ac-tivity and (2) not readily assignable to the program activity specifically bene-fited. For example, centralized support services such as personnel, procure-ment, and budgeting would
26、 be indirect costs. (d) Planning and administration (P&A) costs are those direct and indirect costs that are attributable to the overall de-velopment and management of the Highway Safety Plan. Such costs could include salaries, related personnel ben-efits, travel expenses, and rental costs. (e) Prog
27、ram management costs are those costs attributable to a program VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
