23 U.S.C. § 115: Advance construction

(a) In General.—The Secretary may authorize a State to proceed with a project authorized under this title—(1) without the use of Federal funds; and (2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—(A) with the aid of Federal funds previously apportioned or allocated to the State; or (B) with obligation authority previously allocated to the State. (b) Obligation of Federal Share.—The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible. (c) Inclusion in Transportation Improvement Program.—The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).