This memorandum provides guidance regarding the implementation of provisions contained in the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law” (BIL)) that allow for early utility relocation prior to a transportation project environmental review. Except for the statutes and regulations cited, the contents of this document do not have the force and effect of law and are not meant to bind the States or the public in any way. This document is intended only to provide information regarding existing requirements under the law or agency policies. Section 11315 of the BIL amends section 123 of title 23, United States Code (U.S.C.), to prescribe the conditions under which a State may carry out and be reimbursed for the costs of an early utility relocation project. Title 23, U.S.C., section 123(a)(2) defines an early utility relocation project as “utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.”1 A State may carry out at its own expense an early utility relocation project for a transportation project before the State completes the environmental review process for the transportation project. Subject to the requirements in 23 U.S.C. 123, funds apportioned under title 23, U.S.C., may now be used to reimburse the State for costs incurred by the State, including subrecipient costs, for an early utility relocation project. To carry out an early utility relocation project, regardless of whether reimbursement will be sought, a State must comply with general requirements applicable to all utility relocation projects. See 23 U.S.C. 123(c). These include but are not limited to: FHWA regulations governing utilities at 23 CFR part 645, the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA), the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 4601 et seq.), and other applicable Federal laws and regulations. Once the transportation project for which the early utility relocation project was required has been authorized for construction, in order to be eligible for reimbursement for early utility relocation project costs, 23 U.S.C. 123(b)(4)(B) requires a State to certify, and FHWA to concur, that: i. ii. iii. iv. v. vi. vii. The early utility relocation project is necessary to accommodate a transportation project eligible for assistance under title 23, U.S.C.; The early utility relocation project complies with all applicable laws, including FHWA regulations in title 23, Code of Federal Regulations. The early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under 23 U.S.C. 109(l); Prior to commencement of utility relocation activities, an environmental review process2 was completed for the early utility relocation project that resulted in a finding that the early utility relocation project would not result in significant environmental impacts, and would comply with other applicable Federal environmental requirements; The early utility relocation project did not influence the environmental review process for the transportation project; the decision relating to the need to construct the transportation project; or the selection of the transportation project design or location. The utility relocation cannot predetermine the outcome of the environmental review process. The selected alternative may result in the need for different or additional utility relocations or may negate the need for any relocation; If this is the case, only the relocation that was necessitated by the transportation project will be eligible for reimbursement. The State provided adequate documentation of eligible costs the State has incurred for the early utility relocation project; The transportation project for which the early utility relocation project was required is on the applicable State Transportation Improvement Program and metropolitan Transportation Improvement Program; The transportation project for which the early utility relocations was required completed the NEPA process and complies with other environmental laws; and The early utility relocation project does not need to be authorized prior to commencing the work but should be authorized in FMIS once the Division office has verified the above requirements have been met. Reimbursement for early utility relocation activities is also subject to the requirements of 23 U.S.C. 123(b)(1) to (b)(3), which apply to reimbursement for all utility relocation activities. This includes the requirement that the State demonstrate to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from State funds. See 23 U.S.C. 123(b)(3).