Exceptions for reimbursement involving work performed outside Federal policy as stated in 23CFR must be approved by FHWA and will be subject to the following conditions (pursuant to 23CFR):

approval will not adversely affect the public;
the District and TxDOT have acted in good faith and, therefore, there has been no willful violation of Federal requirements;
there is substantial compliance with all other requirements prescribed by, and full compliance with, requirements mandated by State and Federal statute;
the cost to the Federal government will not be in excess of the cost which it would have incurred had there been full compliance; and,
the quality of work undertaken has not been impaired.

Exceptions for reimbursement involving work performed outside TxDOT policy must be approved by FHWA and will be subject to the above Federal conditions.