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RESTATEMENT OF HIGHWAY LAWS

WEDNESDAY, FEBRUARY 16, 1955

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON ROADS OF THE
COMMITTEE ON PUBLIC WORKS,
Washington, D. C.

The committee met, pursuant to call, at 10: 10 a. m., in room 1304, New House Office Building, Hon. George H. Fallon, chairman of the subcommittee, presiding.

Mr. FALLON. Gentlemen, the committee will come to order.

First, before we go into our agenda, I would like to present to the committee Mr. Rogers of Florida, our new member of the committee. Mr. ROGERS. Thank you, Mr. Chairman.

(Applause.)

Mr. FALLON. I might say we as a committee held a very warm friendship for your father, whom you succeed.

Mr. ROGERS. Thank you.

Mr. FALLON. The meeting this morning is called for the purpose of the consideration of three bills relating to the revision of the Federal Highway Act law. The three bills are identical (they are H. R. 234, 235, and 2127), one introduced by Mr. Buckley, one by Mr. Dondero, and one by myself. These bills were introduced as a result of a report submitted by the Secretary of Commerce in response to a directive contained in section 12 of the Federal Highway Act of 1954.

Without objection the committee at this time will consider Mr. Buckley's bill, which will be inserted in the record at this point. (H. R. 234 is as follows:)

[H. R. 234, 84th Cong., 1st sess.]

A BILL To revise the Federal-aid highway laws of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act, divided into titles and sections according to the following table of contents, may be cited as "The Federal-Aid Highway Act".

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Sec. 301. Freedom from tolls.

Sec. 302. State highway department.

Sec. 303. Bureau organization.

Sec. 304. Research and planning.

Sec. 305. Cooperation with Federal and State agencies and foreign countries.
Sec. 306. Cooperation with Pan American countries.

Sec. 307. Defense.

Sec. 308. Highway improvements strategically important to the national defense.
Sec. 309. Detail of Army and Navy officers.

Sec. 310. Highway Safety Conference.

Sec. 311. Relief of employees in hazardous work.

Sec. 312. Detail of employees as students.

Sec. 313. Rules, regulations, and recommendations.

Sec. 314. Consent by United States to conveyance of property.

Sec. 315. Appropriations of public lands for highway purposes.

Sec. 316. Highway relocation due to airport.

Sec. 317. Landscaping.

Sec. 318. Availability of appropriations.

Sec. 319.

Great River Road.

Sec. 320. Bridges on Federal dams.

Sec. 321. Repeal of prior Acts.

Sec. 322. Construction of this Act.

See. 323. Savings clause.

Sec. 324. Definitions.

TITLE I-FEDERAL-AID HIGHWAYS

AUTHORIZATIONS

SEC. 101. The provisions of this Act shall apply to all unappropriated authorizations contained in prior Acts, and also to all unexpended appropriations heretofore made, providing for the expenditure of Federal funds upon the Federalaid systems. All such authorizations and appropriations shall continue in full force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provisions of this Act.

APPORTIONMENT

SEC. 102. (a) Whenever an apportionment is made of the sums authorized to be appropriated for expenditure upon the Federal-aid systems, the Secretary shall deduct a sum, in such amount not to exceed 34 per centum of all sums so authorized, as the Secretary may deem necessary for administering the provisions of this Act and for carrying on the research authorized by paragraphs (a) and (b) of section 304. In making such determination, the Secretary shall take into account the unexpended balance of any sums deducted for such purposes in prior years. The sum so deducted shall be available for expenditure from the unexpended balance of any appropriation made at any time for expenditure upon the Federal-aid systems, until such sum has been expended.

(b) On or before the January 1 next preceding the commencement of each fiscal year, the Secretary, after making the deduction authorized by paragraph (a) of this section, shall apportion the remainder of the sums authorized to be

appropriated for expenditure upon the Federal-aid systems for that fiscal year, among the several States in the following manner :

(1) For the Federal-aid primary system:

One-third in the ratio which the area of each State bears to the total area of all the States; one-third in the ratio which the population of each State bears to the total population of all the States as shown by the latest available Federal census; one-third in the ratio which the mileage of rural delivery routes and star routes in each State bears to the total mileage of rural delivery and star routes in all the States at the close of the next preceding fiscal year, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary. No State shall receive less than one-half of 1 per centum of each year's apportionment.

(2) For the Federal-aid secondary system:

One-third in the ratio which the area of each State bears to the total area of all the States; one-third in the ratio which the rural population of each State bears to the total rural population of all the States as shown by the latest available Federal census; and one-third in the ratio which the mileage of rural delivery and star routes, certified as above provided, in each State bears to the total mileage of rural delivery and star routes in all the States. No State shall receive less than one-half of 1 per centum of each year's apportionment.

(3) For the Federal-aid primary system within urban areas and approved extensions of the Federal-aid secondary system within urban areas:

In the ratio which the population in municipalities and other urban places, of five thousand or more, in each State bears to the total population in municipalities and other urban places of five thousand or more in all the States, as shown by the latest available Federal census. For the purpose of this subparagraph (2), Connecticut and Vermont towns shall be considered municipalities regardless of their incorporated status. (4) For the interstate system:

One-half in the ratio which the population of each State bears to the total population of all the States as shown by the latest available Federal census, except that no State shall receive less than three-fourths of 1 per centum of the funds so apportioned; and one-half in the manner provided in subparagraph (1) of this paragraph (b).

(c) Not more than 10 per centum of the amount heretofore or hereafter apportioned in any fiscal year to each State in accordance with subparagraphs (1), (2), or (3) of paragraph (b) of this section may be transferred from the apportionment under one subparagraph to the apportionment under either of the other subparagraphs if such a transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. The total of such transfers shall not increase the original apportionment under any of such subparagraphs by more than 10 per centum. Nothing contained in this paragraph shall alter or impair the authority contained in paragraph (d) of this section.

(d) Any funds which are apportioned under subparagraph (2) of paragraph (b) of this section for the Federal-aid secondary system to a State in which all public roads and highways are under the control and supervision of the State highway department may, if the State highway department and the Secretary jointly agree that such funds are not needed for the Federal-aid secondary system, be expended for projects on another Federal-aid system.

(e) On or before the January 1 preceding the commencement of each fiscal year, the Secretary shall certify to each of the State highway departments the sums which he has apportioned hereunder to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to paragraph (a) of this section.

FEDERAL-AID SYSTEMS

SEC. 103. (a) For the purposes of this Act, the three Federal-aid systems, namely, the primary, secondary, and interstate systems, established by prior Acts, are hereby continued pursuant to the provisions of this section.

(b) The Federal-aid primary system shall consist of an adequate system of connected main highways, selected or designated by each State through its State highway department, subject to the approval of the Secretary as provided by paragraph (e) of this section. This system shall not exceed 7 per centum

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