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To accomplish a wide distribution of benefits within each State in the expenditure of funds authorized by the act without a sacrifice of administrative or construction efficiency, the Chief of the Bureau of Public Roads shall determine the minimum percentage of counties, applicable alike in each State, in which the funds authorized for any one or more fiscal years shall be used: Provided, That the cost chargeable to secondary highway funds of projects programmed for construction in a State in any one fiscal year shall not exceed the amount of such funds available to the State.

No projects shall be undertaken which do not provide for a surfacing or stabilization of the roadbed which shall be reasonably satisfactory for the traffic served. Grading and drainage as first stage construction may be accepted: Provided, The State highway department will enter into a satisfactory agreement for future surfacing or stabilization of the roadbed.

SELECTION OF PROJECTS SEC. 4. Each State highway department shall undertake the selection and designation of an intitial system or group of secondary or feeder roads for construction or reconstruction based upon their relative importance as determined from factual data secured from State-wide studies for the planning of a complete highway system, and submit a suitable description and map of such proposed system or group to the Bureau of Public Roads for approval: Provided, That prior to the selection, designation, and approval of such system or group of secondary or feeder roads, projects may be approved for construction if it is reasonably anticipated that such projects will become a part of such system or group.

The mileage of the initial system or group of secondary or feeder roads in any State shall not exceed 10 percent of the highway mileage of the State as shown by the records of the State highway department at the time of the passage of the Federal Highway Act. The initial system or group of secondary or feeder roads may be selected, designated and approved in whole or in part in any State and may be modified, or increased from time to time as justified by the progress of its improvement.

After a secondary or feeder system or group of highways has been selected, designated and approved in any State no projeot shall be approved which is not a part of a route embraced in such system or group.

SURVEYS, PLANS, SPECIFICATIONS, ETC. SEC. 5. Surveys and plans, specifications, and estimates for all projects in each State shall correspond to the character of the work contemplated and shall be in sufficient detail to show the quantity and kind of work involved and shall be prepared under the immediate direction of the State highway department without reimbursement from Federal funds. The State highway department, however, may utilize the services of well qualified county engineering organizations, acting under its direction, for the surveys, preparation of plans, specifications, and estimates, and for the supervision of construction for any project. Inasmuch as the Federal Highway Act requires each State to maintain at its own expense a State highway department having adequate powers and suitably equipped and organized to discharge the duties required by the legislation, no part of the cost of maintaining a central office organization of the State highway department or of any organization which may be utilized by the State for construction engineering and inspection shall be paid with Federal funds. Construc. tion engineering and inspection charges reimbursable with Federal funds shall be limited to any necessary costs incurred and to the salaries of individuals directly employed on the project.

METHODS OF UNDERTAKING WORK

Sec. 6. Whenever feasible and practicable the contract method shall be followed in performing work.

HIGHWAY PLANNING PROJECTS Sec. 7. With the approval of the Secretary, not to exceed 14 per centum of the amount apportioned to any State for secondary or feeder roads may be used for surveys, plans, engineering and economic investigations of projects for future construction in such State, or for the planning of a complete highway system and future programs of highway improvement for such State. Such proposed surveys, plans, and engineering investigations shall be initiated by the State highway department in the same manner as are other projects by the submission of a project statement and, if approved by the Secretary, the work may be prosecuted under a project agreement.

MAINTENANCE

SEC. 8. Project agreements for secondary or feeder road projects shall provide for the maintenance of such projects by the State to the extent permitted by State law; otherwise, the State shall submit, in the form prescribed by the Secretary, an agreement for such maintenance with the county or other political subdivision responsible therefor: Provided, however, No project contemplating maintenance by a county or other political subdivision shall be approved if any road previously improved with Federal funds under the provisions of the Federal Highway Act, as amended and supplemented, which the said county or other political subdivision has agreed to maintain, is not being satisfactorily maintained as determined by the Chief of the Bureau of Publio Roads.

RULES AND REGULATIONS FOR ELIMINATION OF HAZARDS AT GRADE

CROSSINGS UNDER ACT OF JUNE 16, 1936

Rules and Regulations for Carrying out the Provisions of Section 8 of the Act

of June 16, 1936 (Pub. No. 686—74th Cong.), Which Relate to the Elimination of Hazards to Life at Railroad Grade Crossings in Accordance with the Provisions of the Federal Highway Act

(Approved by the Secretary of Agriculture Feb. 9, 1937]

DEFINITIONS

SECTION 1. For the purposes of these rules and regulations, the following definitions shall control:

"Act” shall mean section 8 of the Act of June 16, 1936 (Public No. 686—74th Congress), which provides for the elimination of hazards to life at railroad grade crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings in accordance with the provisions of the Federal Highway Act, as amended and supplemented.

“State” as used herein shall include the Territory of Hawaii, the Island of Puerto Rico and the District of Columbia.

“Secretary” shall mean the Secretary of Agriculture of the United States.

"Grade crossing funds” shall mean the funds authorized by section 8 of the act to be apportioned among the several States by the Secretary of Agriculture for the elimination of hazards to life at railroad grade crossings.

Municipality shall mean a populous community, generally of defined area, usually organized pursuant to law into a body politic with corporate name and continuous succession and for the purpose and with the authority of subordinate local self-government.

“Project” shall mean a definite undertaking for a purpose defined under the act.

“Railroad” shall mean an individually owned and/or operated railroad in any State.

Projects located on the Federal aid highway system outside of municipalities shall be designated "Federal Aid Grade Crossing Project No. FAGH Projects within municipalities, whether or not located on extensions of the Federal-aid highway system into or through such municipalities, shall be designated Federal Aid Grade Crossing Project No. FAGM Projects located outside of municipalities and not on the Federal-aid highway system shall be designated "Federal Aid Grade Crossing Project No. FAGS

INITIATION OF PROJECTS

Sec. 2. All projects under this act shall be initiated by the States and submitted in the same manner as other Federal-aid projects, and all such projects shall be subject to all of the provisions of the rules and regulations of the Secretary of Agriculture in effect for administering the Federal Highway Act, as amended, except such provisions as are inconsistent or in conflict with these rules and regulations.

APPLICATION OF FUNDS TO PROJECTS

SEC. 3. The funds apportioned to any State under the act shall be applied to projects without limitation as to geographic location.

To secure a reasonably equitable distribution of benefits among the railroads in a State, projects shall be apportioned, within practical limits, to the railroads

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therein in such manner that the total cost of the project or projects on any railroad shall have approximately the same relation to the total apportionment to the State as the road mileage of such railroad bears to the total road mileage of all railroads in the State. For this purpose data obtained from the Interstate Commerce Commission will be furnished each State showing the road mileage, exclusive of trackage rights, owned or operated therein on December 31, 1935, by the individual class 1 railroads, together with the road mileage of railroads of all other classifications owned or operated in the State.

At the discretion of the State, projects may be programmed within practical limits, on other than class 1 railroads to the extent of the indicated apportionment to such railroads, or the indicated apportionment to other than class 1 railroads may be distributed proportionately among the class 1 railroads, or used to increase the apportionment to one or more of the class 1 railroads, to accomplish the pregramming of desirable projects, without regard to the fact that some class 1 railroads may control other than class 1 railroad mileage. Exception may be made to the general principle of the apportionment of benefits to the railroads in any State where the crossings of any railroad on the basis of both railroad and highway traffic usage are of low priority in comparison with the crossings of other railroads.

The mileage of high speed electric railway lines in any State may be considered in connection with the programming of projects, in which event the intention to program projects for such mileage shall be reported by a State highway department when submitting the first increment of its program. Nothing in this method of distribution of projects shall operate to prevent the elimination of hazards to life at important main line railroad crossings on railroads which may have only a relatively small mileage in any one State.

The total amount of grade crossing funds authorized for apportionment among the States for the elimination of hazards to life at railroad grade crossings for any one or more fiscal years may be adopted as the basis for a corresponding distribution of benefits to the railroads for the period covered by such authorizations: Provided, That the cost chargeable to grade crossing funds, of all projects programmed for construction in a State in any one year shall not exceed the amount of such funds available to the State.

TYPES OF PROJECTS

SEC. 4. The apportioned funds shall be available to pay the direct cost of the construction of projects of the following character, exclusive of any charges for rights of way and/or property damage:

a. The separation of grades at crossings.
b. The protection of grade crossings.
C. The reconstruction of existing railroad grade separation structures.
d. The relocation of highways to eliminate grade crossings.

e. The relocation of railroads to eliminate grade crossings. The separation of grades at crossings may be by underpass or by overpass and may include any necessary track elevation or track depression, and such additional work as may be required by changes in grade or alignment of the highway or by relocation of the highway or the railroad tracks. Grade-crossing funds may be used in combination with funds from other sources for the accomplishment of projects of greater magnitude than otherwise would be possible. The cost chargeable to grade-crossing funds of relocating and constructing the highway approaches to new or reconstructed grade-separation structures shall be limited to work actually necessary and performed within 1,500 feet on each side of the nearest track of the crossing measured along the center line of the highway improvement: Provided, however, That where conditions justify, the length of any one such approach may be increased if accompanied by a corresponding decrease in the length of the other approach. In all cases where the approaches to grade-separation structures are constructed on existing locations, the cost chargeable to grade-crossing funds of constructing such approaches shall be limited to such lengths on either side of the crossing structure as are necessary for proper approach grades and vertical curves to connect with the existing roadway,

The protection of railroad grade crossings shall be accomplished by means of approved flashing-light signals, unless greater protection is desired than is afforded by flashing lights, in which event the installation of single gate arms in combination with flashing lights, the installation of crossing gates, the installation of barriers or other similar devices, which are satisfactory to the State highway department and the affected railroad company, may be submitted for approval. Railroad grade crossing protection devices of the flashing light type Bhall permit the use of: (1) Recommended standards for flashing-light signals adopted by the

Joint Committee on Grade Crossing Protection of the Association

of American Railroads. (2) Flashing-light signals conforming essentially to the standards recom

mended by the Joint Committee on Grade Crossing Protection of the Association of American Railroads which carry additional features, such as a rotating disc or other devices, which do not impair

the operation or detract from the uniformity or utility of the signals. (3) A wigwag signal of the magnetic type having standard signs and

mounting height, a balanced outline reasonably in keeping with stationary lights with backgrounds and, when operating, an aspect

essentially the same as flashing lights. Prior to the approval of any project for the protection of any railroad grade crossing, a definite agreement with respect to the maintenance of each such protection installation shall be entered into between the State highway department and the affected railroad company and approved by the Bureau of Public Roads. The plans and specifications for protection work shall be in sufficient detail to define or describe the exact kind and quality of material required, or in the case of an operating mechanism they shall cover fully the essential requirements of the operating parts so that there may be effective competition in securing materials or parts going into such installations.

The reconstruction of existing railroad grade-separation structures shall include strengthening and widening or a relocation and rebuilding of the structure to provide alinement adequate for the safety of highway traffic.

The relocation of any necessary length of highway to eliminate railroad grade crossings shall include the construction of new highway facilities and/or the reconstruction of an existing highway so that rerouted traffic will not encounter the crossings, but the total cost of any such highway relocation chargeable to grade crossing funds shall not exceed:

(1) The estimated cost of providing grade-separation structures and

approaches thereto for the avoided crossings; nor shall it exceed (2) The estimated cost of providing on the relocation an improvement to

modern standards of alinement and grade with surfacing of a type

comparable to that existing on the portion of the route so relocated. The estimated cost of providing grade-separation structures and approaches thereto for avoided crossings shall be determined and agreed upon by the State highway department and representatives of the affected railroad company. A copy of such estimate properly approved and signed by representatives of these agencies shall be filed with each project of this character. The estimated cost of providing on the relocation an improvement to modern standards of alinement and grade with surfacing of a type comparable to that existing on the portion of the route so relocated shall be determined by the State highway department and approved by the Bureau of Public Roads.

Before approval of a project for a highway relocation to eliminate railroad grade crossings at an estimated cost in excess of the amount chargeable to gradecrossing funds provision must be made to complete the relocation with other funds. If other Federal funds are to be used, the work shall be separated into corresponding sections. Grading as first-stage construction will be acceptable on highway relocations to eliminate railroad grade crossings provided the State highway department will enter into an agreement for future surfacing within a definite date.

The relocation of railroads to eliminate railroad grade crossings may be undertaken whenever deemed by the affected interests the most economical and satisfactory procedure.

Where a highway relocation project avoids grade crossings over the existing tracks of more than one railroad, the cost shall be chargeable to the railroads involved in the ratios which the number of existing tracks of each railroad bears to the total number of existing tracks at the avoided crossings. Where a single grade separation structure eliminates grade crossings over the tracks of more than one railroad the cost shall be chargeable to the railroads involved on the basis of the number of tracks of the respective railroads that the grade separation structure will accommodate. Nothing in the above methods of obtaining a division of cost of a project to more than one railroad shall prevent the affected

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