Amendment No. 67: This amendment of the Senate clarifies an item for a preliminary examination and survey.

Amendment No. 81: This amendment of the Senate changes the designation of section 9 of the bill passed by the House to section 12 of the bill passed by the Senate.

Amendment No. 82: This amendment of the Senate as modified raises to $950,000,000 (increase of $140,000,000) the authorization provided by the bill, in order that sufficient authority may be available to cover the additional improvements included in the bill by Senate amendments and it clarifies the intent of this authorization to show clearly that the amount specified is for work authorized to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers. The $200,000,000 authorization for War Department projects in the Missouri River Basin is included in this amount. The $200,000,000 authorization for Department of the Interior projects in the Missouri River Basin is contained in section 9 and is not included in this amount.

Amendment No. 83: This amendment of the Senate as modified authorizes the expenditure of $500,000 as an emergency fund under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction of emergency bank-protection works to prevent flood damage to highways, bridge approaches, and public works.

Amendment No. 84: This amendment of the Senate changes the designation of section 10 of the bill passed by the House to section 13 of the bill passed by the Senate.

Amendment No. 85: This amendment of the Senate as modified provides that in connection with the works authorized to be undertaken by the Department of Agriculture land may be acquired only with the consent of the States and it lessens the burden on local communities of removal of large areas from taxation by providing for payments to local governments in lieu of taxes on the land acquired. Amendment No. 86: This amendment of the Senate as modified authorizes works of improvement in the Santa Ynez River watershed to be undertaken by the Department of Agriculture, at an estimated cost of $434,000. The increased amount is to cover land acquisition as recommended by the Department of Agriculture in House Document No. 518.

Amendment No. 87: The conferees recommend that the Senate recede from this amendment, thereby restoring the full amount of the estimated cost ($32,000,000) including cost of land acquisition as recommended by the Department of Agriculture in House Document No. 708.

Amendment No. 88: The conferees recommend that the Senate recede from this amendment, thereby restoring the full amount of the estimated cost ($4,221,000) including cost of land acquisition as recommended by the Department of Agriculture in House Document No. 892.

Amendment No. 89: This amendment of the Senate, as modified, authorizes works of improvement in the Yazoo River watershed to be undertaken by the Department of Agriculture, at an estimated cost of $21,700,000. The increased amount is to cover land acquisition as recommended by the Department of Agriculture in House Document No. 564.

Amendment No. 90: This amendment of the Senate authorizes works of improvement in the watershed of Buffalo Creek and its tributaries, Cayuga and Cazenovia Creeks to be undertaken by the Department of Agriculture, at an estimated cost of $739,000.

Amendment No. 91: The conferees recommend that the Senate recede from this amendment, thereby restoring the full amount of the estimated cost ($11,243,000) including cost of land acquisition as recommended by the Department of Agriculture in House Document No. 275.

Amendment No. 92: This amendment of the Senate changes the designation of section 11 of the bill passed by the House to section 14 of the bill passed by the Senate.

Amendment No. 93: This amendment of the Senate as modified changes the reference to a number of a section in the bill passed by the House to the corresponding number of the section of the bill as passed by the Senate.

Amendment No. 94: This amendment of the Senate changes the designation of section 12 of the bill passed by the House to section 15 of the bill passed by the Senate.

WILL M. WHittington,

A. LEONARD ALLEN,

A. J. ELLIOTT,

CHARLES R. CLASON,

CARL T. CURTIS,

Managers on the Part of the House.

о

78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

{

REPORT No. 2052

FEDERAL-AID HIGHWAY ACT OF 1944

December 11, 1944.-Ordered to be printed

Mr. Robinson, of Utah, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany S. 2105]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2105) to amend and supplement the Federal-Aid Road Act, approved July 11, 1916, as amended and supplemented, to authorize appropriations for the post-war construction of highways and bridges, to eliminate hazards at railroad-grade crossings, to provide for the immediate preparation of plans, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House amendment insert the following:

That, when used in this Act, unless the context indicates otherwise

The term "construction" means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping, costs of rights-of-way, and elimination of hazards of railway-grade crossings.

The term "urban area" means an area including and adjacent to a municipality or other urban place, of five thousand or more, the population of such included municipality or other urban place to be determined by the latest available Federal census. The boundaries of urban areas, as defined herein, will be fixed by the State highway department of each State subject to the approval of the Public Roads Administration.

The term "rural areas" means all areas of the State not included in "urban areas".

The term "secondary and feeder roads" means roads in rural areas, including farm-to-market roads, rural-mail routes, and school-bus routes, and not on the Federal-aid system.

SEC. 2. For the purpose of carrying out the provisions of the Federal Highway Act, approved November 9, 1921, as amended and supplemented, there is hereby authorized to be appropriated the sum of $1,500,000,000 to become available at the rate of $500,000,000 a year for each of three successive post-war fiscal years: Provided, That of the sums authorized to be appropriated for the first of such fiscal years $100,000,000 may be appropriated in accordance with the provisions of this Act to become available immediately upon apportionment of the authorization for said fiscal year for the making of surveys and plans and for construction: Provided further, That except for the sum appropriated pursuant to the preceding proviso, no part of the funds made available pursuant to this Act shall be used to pay costs incurred under any construction contract entered into by any State before the beginning of the first post-war fiscal year. The first post-war fiscal year shall be that fiscal year which ends on June 30th following the date proclaimed by the President as the termination of the existing war emergency, or following the date specified in a concurrent resolution of the two Houses of Congress as the date of such termination, or following the date on which the Congress by a concurrent resolution of the two Houses finds as a fact that the war emergency hereinbefore referred to has been relieved to an extent that will justify proceeding with the highway construction program provided for by this Act, whichever date is the earliest. The authorization for the first post-war fiscal year shall be apportioned among the States within thirty days from the passage of this Act. The authorization for the second post-war fiscal year shall be apportioned among the States within twelve months after the date of such termination or finding as above specified, and the authorization for the third post-war fiscal year shall be apportioned among the States within twelve months after the apportionment of the authorization for the second post-war fiscal year. As soon as the funds for each of the post-war fiscal years have been apportioned, the Commissioner of Public Roads is authorized to enter into agreements with the State highway departments for the making of surveys and plans, the acquisition of rights-of-way, and the post-war construction of projects. His approval of any such agreement shall be a contractual obligation of the Federal Government for the payment of its pro rata share of the cost of construction: Provided, however, That the Commissioner of Public Roads shall not, as a condition of approval of any project for Federal aid hereunder, require any State to acquire title to, or control of, any marginal land along the proposed highway in addition to that reasonably necessary for road surfaces, median strips, gutters, ditches, and side slopes and sufficient width to provide service roads for adjacent property to permit safe access at controlled locations in order to expedite traffic, promote safety, and minimize roadside parking.

SEC. 3. The sum authorized in section 2 for each year shall be available for expenditures as follows:

(a) $225,000,000 for projects on the Federal-aid highway system.

(b) $150,000,000 for projects on the principal secondary and feeder roads, including farm-to-market roads, rural free delivery mail and public-school bus routes, either outside of municipalities or inside of municipalities of less than five thousand population: Provided, That these funds shall be expended on a system of such roads selected by the State highway departments in cooperation with the county supervisors, county commissioners, or other appropriate local road officials and the Commissioner of Public Roads: Provided further, 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 said system may be selected by the State highway department with the approval of the Commissioner of Public Roads without regard to included municipal boundaries: Provided further, That any of such funds for secondary and feeder roads which are apportioned 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 Commissioner of Public Roads jointly agree that such funds are not needed for secondary and feeder roads, be expended for projects in such State on the Federal-aid highway system.

(c) $125,000,000 for projects on the Federal-aid highway system in urban areas.

SEC. 4. After making the deductions for administration, research, and investigations as provided in section 21 of the Federal Highway Act of 1921, the sums authorized shall be apportioned as follows:

(a) The $225,000,000 per year available for projects on the Federalaid highway system shall be apportioned among the States as provided in section 21 of the Federal Highway Act.

(b) The $150,000,000 per year available for projects on the secondary and feeder roads shall be apportioned among the States in the following manner: 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 Federal census of 1940; and one-third in the ratio which the mileage of rural delivery and star routes in each State bears to the total mileage of rural delivery and star routes in all the States: Provided, That no State shall receive less than one-half of one per centum of each year's allotment under subsection (a) and this subsection.

(c) The $125,000,000 per year available for projects on highways in urban areas shall be apportioned among the States 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: Provided, That Connecticut and Vermont towns shall be considered municipalities regardless of their incorporated status.

(d) Any sums apportioned to any State under the provisions of this section shall be available for expenditure in that State for one year after the close of the fiscal year for which such sums are authorized, and any amount so apportioned remaining unexpended at the end of such period shall lapse: Provided, That such funds shall be deemed to have been expended if covered by formal agreement with the Commissioner of Public Roads for the improvement of a specific project as provided by this Act. SEC. 5. (a) The Federal share payable on account of any project provided for by the funds made available under the foregoing provisions of this Act shall not exceed 50 per centum of the construction cost thereof other than costs of rights-of-way, and as to costs of rights-of-way shall not exceed one-third of such costs: Provided, That in the case of 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 the Federal share shall be increased in each of the three post-war years by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area: Provided further, That the entire construction cost of projects for the