Public Law 85–381

Availability for Expenditure.—

Any sums apportioned to any State under this section shall be available for expenditure in that State for two years after the close of the fiscal year for which such sums are authorized, and any amounts so apportioned remaining unexpended at the end of such period shall lapse: Provided, That such funds shall be deemed to have been expended if a sum equal to the total of the sums herein and heretofore apportioned to the State is covered by formal agreements with the Secretary of Commerce for construction, reconstruction, or improvements of specific projects as provided in this Act and prior Acts: Provided further, That in the case of those sums heretofore, herein, or hereafter apportioned to any State for projects on the Federal-aid secondary highway system, the Secretary of Commerce may, upon the request of any State, discharge his responsibility relative to the plans, specifications, estimates, surveys, contract awards, design, inspection, and construction of such secondary road projects by his receiving and approving a certified statement by the State highway department setting forth that the 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 in section 1 (b) of the

64 Stat. 785.

Federal-Aid Highway Act of 1950: And 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. Any Federal-aid primary, secondary, or urban funds released by the payment of the final voucher or by modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, or urban, previously apportioned to the State and be immediately available for expenditure.

Amount and Apportionment.—

For the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), and all Acts amendatory thereof and supplementary thereto there is hereby authorized to be appropriated for the fiscal year ending June 30, 1959, $400,000,000 in addition to any sums heretofore authorized for such fiscal year. The sum herein authorized shall be apportioned: (A) 45 per centum for projects on the Federal-aid primary highway system, (B) 30 per centum for projects on the Federal-aid secondary highway system, and (C) 25 per centum for projects on extensions of these systems within urban areas among the several States immediately upon enactment of this Act in the manner now provided by law and in accordance with the formulas set forth in section 4 of the Federal-Aid Highway Act of 1944, approved December 20, 1944

58 Stat. 840.

(58 Stat. 838), using the same percentage distribution as was used in the apportionment of Federal-aid highway funds heretofore authorized for the fiscal year ending June 30, 1959.

Availability for Expenditure.—

The amounts authorized to be appropriated in section 2 (a) herein shall be available for expenditure pursuant to contracts awarded or work commenced by the State highway departments prior to December 1, 1958, for completion of construction prior to December 1, 1959, subject to delays caused by circumstances and conditions beyond the control of, and without the fault of any contractor on such contracts, and delays created by acts of God. Any amounts apportioned to a State under provisions of this section remaining unexpended on December 1, 1958, shall lapse: Provided, That such funds shall be deemed to have been expended when covered by contracts awarded or work commenced prior to December 1, 1958, and on account of which formal agreements with the Secretary of Commerce are entered into prior to January 1, 1959, for specific projects.

Expenditure Without Limitation as to System.—

The sums apportioned under this section shall be available for expenditure for projects on the primary or secondary Federal-aid systems, including extensions of these systems within urban areas, without limitation as to the amount of any class of funds, primary, secondary, or urban, apportioned for projects on any system.

Federal Share.—

The Federal share payable on account of any project provided for by funds made available under the provisions of this section shall not exceed 66% per centum of the total cost thereof plus, 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, a percentage of the remaining 33 per centum of such cost equal to the percentage that the area of such lands in such State is of its total area: Provided, That such Federal share payable on any project in any State shall not exceed 95 per centum of the total cost of such project.

Authorization of Appropriation for Increasing Federal Share.—

For the purpose of assisting any State in meeting the requirements for State funds to match any sums apportioned to such State under the provisions of this section, there is hereby authorized to be appropriated the sum of $115,000,000, which sum may be used by the Secretary of Commerce upon the request of any State to increase the Federal share payable on account of any project provided for by funds made available under the provisions of this section: Provided, That the amount of such increase of the Federal share shall not exceed two- thirds of the State’s share of the cost of such project.

Repayment of Amounts Used To Increase Federal Share.—

The total amount of such increases in the Federal share as are made pursuant to subsection (e) above, shall be repaid to the Federal Government by making deductions of sums equal to the amounts so expended for projects on the Federal-aid primary highway system, the Federal-aid secondary highway system and extensions of such systems in urban areas in two equal annual installments from the amounts available to such State for expenditure on such highways under any apportionment of funds herein or hereafter authorized to be appropriated therefor for the fiscal years ending June 30, 1961, and June 30, 1962.

Contract Authority.—

Approval by the Secretary of Commerce of any project on account of which the Federal share is increased under the provisions of this section shall be deemed a contractual obligation of the Federal Government for the payment of such increase in the Federal share, and its expenditure shall be governed by the provisions of subsection (b) of this section.

Declaration of Intent.—

It is hereby declared to be the intent of the Congress that the sum authorized under subsection (a) of this section shall be supplementary to, and not in lieu of. any other sum heretofore or herein authorized for expenditure on the Federal-aid primary or secondary systems, including extensions of these systems within urban areas, and is made available for the purpose of immediate acceleration of the rate of highway construction on these systems beyond that being accomplished with hinds heretofore authorized.

Authorization of Appropriations.—

For the purpose of carrying out the provisions of section 23 of the Federal Highway Act of 1921 (42 Stat. 218), as amended and supplemented, there is hereby

23 USC 23.

authorized to be appropriated (1) for forest highways the additional sum of $5,000,000 for the fiscal year ending June 30, 1959, and the sum of $33,000,000 for each of the fiscal years ending June 30, 1960, and June 30, 1961; and (2) for forest development roads and trails the additional sum of $5,000,000 for the fiscal year ending June 30, 1959, and the sum of $30,000,000 for each of the fiscal years ending June 30, 1960, and June 30, 1961: Provided, That with respect to any proposed construction or reconstruction of a timber access road, advisory public hearings may be Held at a place convenient or adjacent to the area of construction or reconstruction with notice and reasonable opportunity for interested persons to present their views as to the practicability and feasibility of such construction or reconstruction: Provided further, That hereafter funds available for forest highways and forest development roads and trails shall also be available for adjacent vehicular parking areas and for sanitary, water, and fire control facilities: Provided further, That the additional sum authorized under this subsection for forest highways for the fiscal year ending June 30, 1959, shall be apportioned for expenditure in each State, Alaska, and Puerto Rico immediately upon enactment of this Act: Provided further, That the additional amount herein authorized for the fiscal year ending June 30, 1959, and the amounts authorized herein for forest highways for each of the fiscal years ending June 30, 1960, and June 30, 1961, shall be apportioned for expenditure in each State, Alaska, and Puerto Rico in the same percentage as the amounts apportioned for expenditure in each State, Alaska, and Puerto Rico from funds authorized for forest highways for the fiscal year ending June 30, 1958: And provided further, That when approved by the Secretary of Commerce, a State may use not to exceed the lesser of $500,000 or 5 per centum of the amounts apportioned to such State under section 1 hereof for each of the fiscal years ending June 30, 1960, and June 30, 1961, for the construction, reconstruction, or improvement of forest highways on any of the Federal-aid highway systems and such sums may be expended in the same manner as funds authorized by this section.

Forest Highways Study.—

The Secretary of Commerce, in cooperation with the Secretary of Agriculture and the appropriate officers of each State containing a national forest, the Commonwealth of Puerto Rico, and the Territory of Alaska, shall make a study to determine—

Reports.

The Secretary of Commerce shall report the results of such study to the President and the Congress on or before January 1, 1960.

National Parks, etc.—

For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in national parks, monuments, and other areas administered by the National Park Service, including areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (46 Stat.

16 USC 8a–8c.

1053), as amended, there is hereby authorized to be appropriated the sum of $18,000,000 for the fiscal year ending June 30, 1960, and a like sum for the fiscal year ending June 30, 1961.

Parkways.—

For the construction, reconstruction, and improvement of parkways, authorized by Acts of Congress, on lands to which title is vested in the United States, there is hereby authorized to be appropriated the sum of $16,000,000 for the fiscal year ending June 30, 1960, and a like sum for the fiscal year ending June 30, 1961.

Indian Reservations and Lands.—

For the construction, reconstruction, and improvement of Indian reservation roads and bridges and roads and bridges to provide access to Indian reservations and Indian lands under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated

25 USC 318a.

the sum of $12,000,000 for the fiscal year ending June 30, 1960, and a like sum for the fiscal year ending June 30, 1961: Provided, That the location, type, and design of all roads and bridges constructed shall be approved by the Secretary of Commerce before any expenditures are made thereon, and all such construction shall be under the general supervision of the Secretary of Commerce.

Authorization of Appropriations for Interstate System.—

Section 108 (b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374) is hereby amended to read as follows:

23 USC 158b.

“(b)“(b)

Authorization of Appropriations.—

For the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of section 7 of the Federal-Aid Highway Act of 1944 (58 Stat. 838), there is hereby authorized to be appropriated the

23 USC 60.

additional sum of $1,000,000,000 for the fiscal year ending June 30, 1957, which sum shall be in addition to the authorization heretofore made for that year, the additional sum of $1,700,000,000 for the fiscal year ending June 30, 1958, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1959, the additional sum of $2,500,000,000 for the fiscal year ending June 30, 1960, the additional sum of $2,500,000,000 for the fiscal year ending June 30, 1961, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1962, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1963, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1964, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1965, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1966, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1967, the additional sum of $1,500,000,000 for the fiscal year ending June 30, 1968, and the additional sum of $1,025,000,000 for the fiscal year ending June 30, 1969.”

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Apportionments.—

Any portion of the additional sum authorized for the fiscal year ending June 30, 1959, by section 108 (b) of the Federal-Aid Highway Act of 1956, as amended by this section, that has not been apportioned heretofore shall be apportioned immediately upon enactment of this Act, using certifications previously furnished by the States pursuant to section 108 (j) of the Federal-Aid

23 USC 158j.

Highway Act of 1956 and using the same percentage distributions as were used heretofore in the apportionment of funds authorized by section 108 (b) of the Federal-Aid Highway Act of 1956 for the fiscal year ending June 30, 1959.