Federal funds may participate in administrative settlement costs which are:
Incurred after notice of claim,
Properly supported,
Directly allocable to a specific Federal-aid or Federal project,
For employment of special counsel for review and defense of contract claims, when
Recommended by the State Attorney General or State Highway Agency (SHA) legal counsel and
Approved in advance by the FHWA Division Administrator, with advice of FHWA Regional Counsel, and
For travel and transportation expenses, if in accord with established policy and practices.
No reimbursement shall be made if it is determined by FHWA that there was negligence or wrongdoing of any kind by SHA officials with respect to the claim.
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