Page:United States Statutes at Large Volume 58 Part 1.djvu/860

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PUBLIC LAWS-CH. 626-DEO. 20, 1944 Use of funds for sec- ondary, etc., roads on Federal-aid highway system. Urban areas. Apportionment. 42 Stat. 217. 23U.S.C.§21; Supp. In, § 21. Federal-aid high- way system. Secondary, etc., roads. Manner of appor- tionment. Minimum. Projects on high- ways in urban areas. Period of avall- bilty of funds. Federal share of cost. States contaning public lands, etc. 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 Federal- aid highway system shall be apportioned among the States as pro- vided 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 follow- ing 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 thou- sand or more, in each State bears to the total population in munici- palities 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 Com- missioner 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 pro- visions 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 unre- served 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: Pro- 840 [58 STAT.