Recipient Responsibility

Bike and Pedestrian Trail
Bottineau Trail

Environmental Clearances

If your project is selected, you will be responsible for obtaining the necessary environmental clearances. This will involve the preparation of an Environmental Document, which will include, but is not limited to, a thorough discussion of the need for the project, what the project entails, geometric design description, environmental impacts and coordination with local, state and federal agencies.

Plan Preparation

You are responsible for preparing the projects plans and specifications. When your plans and specifications are complete, NDDOT will request the Federal Highway Administration to authorize spending the TAP funds.

Treatment of Projects

Projects must be ready for construction during the 2016 construction season. TAP federal funds will be lost if not authorized by the Federal Highway Administration before September 30, 2016. Therefore, all final plans and bid documents must be submitted to the NDDOT no later than August 15, 2016. If you do not meet this date your award of funds will be rescinded.

  Special Provisions


Facilities must be designed to reasonably meet the needs of persons with disabilities. In so doing, the participant must comply with all applicable provisions of the Americans with Disabilities Act. Additional Information is available at the U.S. Dept. of Justice.


Title 23:

All infrastructure projects need to comply with applicable provisions in Title 23, such as project agreements, authorization to proceed prior to incurring costs, etc. In addition, infrastructure projects must comply with Davis Bacon prevailing wage rates, competitive bidding, and other contracting requirements, even for projects not located within the right-of-way of a federal-aid highway.

As part of the Title 23 requirements, all projects must also comply with National Environmental Policy Act (NEPA) regulations. Most infrastructure projects will likely fall under the categorical exclusions provisions of Title 23 Code of Federal Regulations Section 771.117 that recognize construction of bicycle and pedestrian lanes, paths, and facilities as not involving significant environmental impacts.


All projects funded within a metropolitan planning organization (MPO) must be programmed in a metropolitan planning organization’s Transportation Improvement Program (TIP) and the Statewide Transportation Improvement Program (STIP).

Applicants are responsible for any and all local permits relevant to their project. Please work with your appropriate partners to determine necessary permits.

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