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plans, design, and construction for such projects are in accord with the standards and procedures of such State applicable to projects in this category approved by him: Provided further, That such approval shall not be given unless such standards and procedures are in accordance with the objectives set forth iu section 1 (b) of the Federal-Aid Highway Act of 1950: Provided further, That nothing contained in the foregoing provisos shall be construed to relieve any State of its obligation now provided by law relative to maintenance, nor to relieve the Secretary of Commerce of his obligation with respect to the selection of the secondary system or the location of projects thereon, to make a final inspection after construction of each project, and to require an adequate showing of the estimated and actual cost of construction of each project: Provided further, That not more than 10 per centum of the amount apportioned to each State under subparagraphs (a), (b), or (c) of this section may be transferred from the apportionment under one subparagraph to the apportionment under either of the other subparagraphs: Provided further, That such transfer is requested by the State highway department and is approved by the Governor of said State and the Secretary of Commerce as being in the public interest: Provided further, That the total of such transfers shall not increase the original apportioninent under any subparagraph by more than 10 per centum: Provided further, That the transfers hereinahove permitted for funds authorized to be appropriated for the fiscal years ending June 30, 1956, through the year ending June 30, 1960, shall likewise be permitted on the same basis for funds heretofore or hereafter authorized to be appropriated for any prior or subsequent fiscal year: And provided further, That nothing herein contained shall be deemed to alter or impair the authority contained in the last proviso to subparagraph (b) of section 3 of the Federal-Aid Highway Act of 1944.

SEC. 2. (a) For the purpose of expediting the construction, reconstruction, and improvement, inclusive of necessary bridges and tunnels, of the national system of interstate highways, including extensions thereof through urban areas, designated in accordance with the provisions of section 7 of the Federal-Aid Ilighway Act of 1944 (58 Stat. 838), there is hereby authorized to be appropriated the additional sum of $300,000,000 for the fiscal year ending June 30, 1956, and a like additional sum for each succeeding fiscal year thereafter up to and including the fiscal year ending June 30, 1960. The sum herein authorized for each fiscal year shall be apportioned among the several States in the following manner: 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: Provided, That no State shall receive less than three-fourths of 1 per centum of the money so apportioned; and one-half in the manner now provided by law for apportionment of funds for the Federal-aid primary system : Provided further, That the Federal share payable on account of any project on the national system of interstate highways provided for by funds made available under the provisions of this section shall be increased to 6643 per centum of the total cost thereof, plus a percentage of the remaining 331% per centum of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area.

(b) Any sums appropriated to any State under the provisions of this section shall be available for expenditure in that State for two years after the close of fiscal year for which such sums are authorized: Provided, That such funds shall be deemed to be expended upon execution of formal agreements with the Secretary of Commerce for the improvement of specific projects under this section.

(c) Any amount unapportioned to the States under the provisions of this section unexpended at the end of the period during which it is available for expenditure under the terms of subsection (b) of this section shall lapse.

SEC. 3. All provisions of the Federal-Aid Highway Act of 1944, approved December 20, 1944 (58 Stat. 838); the Federal-Aid Highway Act of 1918, approved June 29, 1948 (62 Stat. 1105); and the Federal-Aid Higliway Act of 1950, approved September 7, 19.30 (64 Stat. 785); the Federal-Aid Highway Act of 1952, approved June 25, 1972 (66 Stat. 158), and the Federal-Aid Highway Act of 1954, approved May 6, 1954, not inconsistent with this Act, shall remain in full force and effect.

SEC. 4. If any section, subsection, or other provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such section, subsection, or other provision to other persons or circumstances shall not be affected thereby.

Sec. 5. All Acts or parts of Acts in any way inconsistent with the provisions
of this Act are hereby repealed, and this Act shall take effect on its passage.

SEC. 6. This Act may be cited as the "Federal-Aid Highway Act of 1955."

(S. 1072, 81th 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”.

TABLE OF CONTENTS

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 Federal-aid 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.

APPORTION MENT

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 334 per centum of all sums so authorized, as the Secretary may deem necessary for administering the provisionsof 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 tahe 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 appor

tionment. (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 (3), Connecticut and Vermont towns shall be con

sidered 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 of the total highway mileage of such State, exclusive of mileage within national forests, Indian, or other Federal reservations and within urban areas, as shown by the records of the State highway department on November 9, 1921. Whenever provision has been made by any State for the completion and maintenance of 90 per centum of its Federal-aid primary system, as originally designated, said State through its State highway department by and with the approval of the Secretary is authorized to increase the mileage of its Federal-aid primary system by additional mileage equal to not more than 1 per centum of the total mileage of said State as shown by the records on November 9, 1921. Thereafter, it may make like 1 per centum increases in the mileage of its Federal-aid primary system whenever provision has been made for the completion and maintenance of 90 per centum of the entire system, including the additional mileage previously authorized. This system may be located both in rural and urban areas. The mileage limitations in this paragraph shall not apply to the District of Columbia, Hawaii, or Puerto Rico.

((*) The Federal-aid secondary system shall be selected by the State highway departments and the appropriate local road officials in cooperation with each other, subject to approval by the Secretary as provided in paragraph (e) of this Section. In making such selections, farm-to-market roads, rural mail routes, public school bus routes, local rural roads, county roads, township roads, and roads of the county road class may be included, so long as they are not on the Federal-aid primary or interstate system. This system shall be confined to rural areas, except (1) that in any State having a population density of more than two hundred per square mile as shown by the latest available Federal census, the system may include mileage in urban areas as well as rural, and (2) that the system may be extended into urban areas subject to the conditions that any such extension passes through the urban area or connects with another Federal-aid system within the urban area, and that Federal participation in projects on such extensions is limited to urban funds.

(d) The interstate system shall be designated within the continental l’nited States and it shall not exceed forty thousand miles in total extent. It shall be so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers to serve the national defense, and to connect at suitable border points with routes of continental importance in the Dominion of Canada and the Republic of Mexico. The routes of this system shall be selected by joint action of the State highway departments of each State and the adjoining States, subject to approval by the Secretary as provided in paragraph (e) of this section. All highways or routes included in the interstate sysfem as finally approved, if not already coincident with the primary system, shall be added to said system without regard to the mileage limitation set forth in paragraph (b) of this section. This system may be located both in rural and urban areas.

(e) The Secretary shall have authority to approve in whole or in part the Federal-aid primary system, the Federal-aid secondary system, and the interstate system, as and when such systems or portions thereof are designated, or to require modifications or revisions thereof. No Federal-aid system or portion thereof shall be eligible for projects in which Federal funds participate until approved by the Secretary.

PROGRAMS

SEC. 104. (a) As soon as practicable after the apportionments for the Federalaid systems have been made for any fiscal year, the State highway department of any State desiring to avail itself of the benefits of this title shall submit to the Secretary for his approval a program or programs of proposed projects for the utilization of the funds apportioned. The Secretary shall act upon programs submitted to him as soon as practicable after the same have been submitted. 'The Secretary may approve a program in whole or in part, but he shall not approve any project in a proposed program which is not located upon an approved Federal-aid system.

(b) In approving programs for projects on the Federal-aid secondary system, the Secretary shall require, except in States where all public roads and highways are under the control and supervision of the State highway department, that such projects be selected by the State highway department and the appropriate local officials in cooperation with each other.

(c) In approving programs for projects on the Federal-aid primary system, the Secretary shall give preference to such projects as will expedite the completion of an adequate and connected system of highways interstate in character.

(d) In approving programs for projects under this title, the Secretary may give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense by the Secretary of Defense, or other agency authorized by the President to make such recommendation.

(e) In approving programs in Hawaii, the Secretary shall give preference to such projects as will expedite the completion of highways for the national defense or which will connect seaports with units of the national parks.

PLANS, SPECIFICATIONS, AND ESTIMATES

SEC. 105. (a) Except as provided in section 111, the State highway department shall submit to the Secretary for his approval, as soon as practicable after program approval, such surveys, plans, specifications, and estimates for each proposed project included in an approved program as the Secretary may require. The Secretary shall act upon such surveys, plans, specifications, and estimates as soon as practicable after the same have been submitted, and his approval of any such project shall be deemed a contractual obligation of the Federal Government for the payment of its proportional contribution thereto. In taking such action, the Secretary shall be guided by the provisions of section 106.

(b) In addition to the approval required under paragraph (a) of this section, proposed specifications for projects for construction on the Federal-aid secondary system, except in States where all public roads and highways are under the control and supervision of the State highway department, shall be determined by the State highway department and the appropriate local officials in cooperation with each other.

(c) Items included in any such estimate for engineering, except preliminary engineering, and inspection costs shall not exceed 10 per centum of the total estimated cost of the project, after excluding from such total estimated cost, the estimated costs of rights-of-way, preliminary engineering, supervising, and inspecting

STANDARDS

SEC. 106. (a) The Secretary shall not approve plans and specifications for proposed projects on any Federal-aid system if they fail to provide for a facility (1) that will adequately meet the existing and probable future traffic needs and conditions in a manner conducive to safety, durability, and economy of maintenance; and (2) that will be designed and constructed in accordance with standards best suited to accomplish the foregoing objectives and to conform to the particular needs of each locality.

(b) Projects on the Federal-aid secondary system in which Federal funds participate shall be constructed according to specifications that will provide allweather service and permit maintenance at a reasonable cost.

(c) On any highway project in which Federal funds hereafter participate, or op any such project constructed since December 20, 1944, the location, form, and

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