23 CFR § 810.208 - Action by the Federal Highway Administrator.

---
identifier: "/us/cfr/t23/s810.208"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 810.208 - Action by the Federal Highway Administrator."
title_number: 23
title_name: "Highways"
section_number: "810.208"
section_name: "Action by the Federal Highway Administrator."
chapter_name: "FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "I"
subchapter_name: "PUBLIC TRANSPORTATION"
part_number: "810"
part_name: "MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "23 U.S.C. 137, 142, 149 and 315; sec. 4 of Pub. L. 97-134, 95 Stat. 1699; secs. 118, 120, and 163 of Pub. L. 97-424, 96 Stat. 2097; 49 CFR 1.48(b) and 1.51(f)."
regulatory_source: "50 FR 33917, Aug. 22, 1985, unless otherwise noted."
cfr_part: "810"
---


# 810.208 Action by the Federal Highway Administrator.

The Federal Highway Administrator may authorize the State to make available to the publicly-owned mass transit authority the land needed for the proposed facility, if it is determined that:

(a) The evidence submitted by the State highway agency under § 810.206 is satisfactory;

(b) The public interest will be served thereby; and

(c) The proposed action in urbanized areas is based on a continuing, comprehensive transportation planning process carried on in accordance with 23 U.S.C. 134 as described under 23 CFR part 450, subpart A.