A-20140, OCTOBER 29, 1927, 7 COMP. GEN. 300

A-20140: Oct 29, 1927

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IT IS PROPOSED TO AUTHORIZE SUCH PARTICIPATION IN THE CONSTRUCTION OF THE BRIDGES UP TO THE MAXIMUM OF 50 PERCENT OF THE ESTIMATED COST THEREOF. 1927: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION WHETHER THE ENTIRE OBLIGATION SOUGHT TO BE IMPOSED ON THE UNITED STATES UNDER AMENDED CONTRACT A 4 PR-1278. IS AUTHORIZED UNDER THE TERMS OF THE FEDERAL HIGHWAY AID ACTS. THE CHIEF OF THE BUREAU OF PUBLIC ROADS MADE THE FOLLOWING REPORT WITH REGARD TO THIS PROJECT: THIS PROJECT IS 10.53 MILES IN LENGTH AND CONTAINS 3 BRIDGES. THE TOTAL ESTIMATED COST OF THE ROADWAY PORTION IS $470. THE TOTAL ESTIMATED COST OF THE BRIDGES IS $58. WHICH SHALL NOT EXCEED 50 PERCENTUM OF THE TOTAL ESTIMATED COST THEREOF * * * (CERTAIN INCREASES ARE AUTHORIZED IN PUBLIC LAND STATES NOT HERE INVOLVED.).

A-20140, OCTOBER 29, 1927, 7 COMP. GEN. 300

FEDERAL-AID HIGHWAYS - CONSTRUCTION OF BRIDGES UNDER THE FEDERAL HIGHWAY AID STATUTES THE DISTANCE COVERED BY BRIDGES OF MORE THAN 20 FEET OF CLEAR SPAN SHOULD NOT BE INCLUDED IN THE LENGTH OF THE ROAD IN DETERMINING THE MAXIMUM ALLOWANCE FOR GOVERNMENT PARTICIPATION OF $15,000 PER MILE FOR ROAD CONSTRUCTION IF, IN ADDITION, IT IS PROPOSED TO AUTHORIZE SUCH PARTICIPATION IN THE CONSTRUCTION OF THE BRIDGES UP TO THE MAXIMUM OF 50 PERCENT OF THE ESTIMATED COST THEREOF.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, OCTOBER 29, 1927:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION WHETHER THE ENTIRE OBLIGATION SOUGHT TO BE IMPOSED ON THE UNITED STATES UNDER AMENDED CONTRACT A 4 PR-1278, PROJECT NO. 323-D, VIRGINIA, APPROVED BY THE SECRETARY OF AGRICULTURE FEBRUARY 28, 1927, IS AUTHORIZED UNDER THE TERMS OF THE FEDERAL HIGHWAY AID ACTS.

UNDER DATE OF JULY 16, 1927, THE CHIEF OF THE BUREAU OF PUBLIC ROADS MADE THE FOLLOWING REPORT WITH REGARD TO THIS PROJECT:

THIS PROJECT IS 10.53 MILES IN LENGTH AND CONTAINS 3 BRIDGES, EACH OF MORE THAN 20 FEET CLEAR SPAN, THE LATTER AGGREGATING 0.099 OF A MILE IN LENGTH. THE TOTAL ESTIMATED COST OF THE ROADWAY PORTION IS $470,233.17, THE FEDERAL AID ON SUCH PORTION BEING ALLOTTED IN THE AMOUNT OF $157,950.00. THE TOTAL ESTIMATED COST OF THE BRIDGES IS $58,966.62 AND 50 PERCENT, OR $29,483.31, FEDERAL AID, HAS BEEN CREDITED TO THESE BRIDGES.

IT WOULD APPEAR, THEREFORE, THAT THE SECRETARY OF AGRICULTURE HAS APPROVED FEDERAL AID ON THIS PROJECT, AS FOLLOWS:

TABLE

MILES ESTIMATED COST FEDERAL AID ROAD ------------ 10.431 $470,233.17 $157,950.00 BRIDGE ---------- .099 58,966.62 29,483.31

TOTAL -- 10.53 529,199.79 187,433.31

SECTION 11 OF THE ACT OF NOVEMBER 9, 1921, 42 STAT. 214, PROVIDES:

* * * THE SECRETARY OF THE TREASURY SHALL THEREUPON SET ASIDE THE SHARE OF THE UNITED STATES PAYABLE UNDER THIS ACT ON ACCOUNT OF SUCH PROJECTS, WHICH SHALL NOT EXCEED 50 PERCENTUM OF THE TOTAL ESTIMATED COST THEREOF * * * (CERTAIN INCREASES ARE AUTHORIZED IN PUBLIC LAND STATES NOT HERE INVOLVED.)

PARAGRAPH 4 OF SECTION 4 OF THE ACT OF JUNE 19, 1922, 42 STAT. 660, AMENDING EARLIER FEDERAL HIGHWAY AID ACTS, PROVIDES AS FOLLOWS:

* * * AND THAT THE PAYMENTS WHICH THE SECRETARY OF AGRICULTURE MAY MAKE FROM ANY SUMS APPROPRIATED UNDER THE PROVISIONS OF THIS ACT OR ANY ACT AMENDATORY THEREOF OR SUPPLEMENTARY THERETO, AFTER THE FISCAL YEAR ENDING JUNE 30, 193, SHALL NOT EXCEED $15,000 PER MILE EXCLUSIVE OF THE COST OF BRIDGES OF MORE THAN TWENTY FEET OF CLEAR SPAN; * * * (CERTAIN INCREASES ARE AUTHORIZED IN PUBLIC LAND STATES NOT HERE INVOLVED.)

IN SO FAR AS HERE APPLICABLE, UNDER THESE STATUTES, GOVERNMENT PARTICIPATION IN BRIDGE CONSTRUCTION OF MORE THAN 20 FEET OF CLEAR SPAN IS AUTHORIZED UP TO A MAXIMUM OF 50 PERCENT OF THE TOTAL COST WITHOUT REGARD TO MILEAGE, AND GOVERNMENT PARTICIPATION IN ROAD CONSTRUCTION IS LIMITED TO $15,000 PER MILE AND NOT TO EXCEED 50 PERCENT OF THE TOTAL COST.

IT APPEARS THAT IN DETERMINING THE AMOUNT OF FEDERAL AID ALLOWABLE FOR ROAD CONSTRUCTION UNDER THE AGREEMENT HEREIN CONSIDERED, THERE WAS CONSIDERED, NOT ONLY THE DISTANCE OF THE ROAD PROPER, 10.431 MILES, BUT ALSO THE DISTANCE OF THE THREE BRIDGES, 0.099 OF A MILE, OR A TOTAL OF 10.53 MILES, AT THE RATE OF $15,000 PER MILE, OR $157,950; WHEREAS IF THE ALLOWANCE HAD BEEN BASED UPON THE LENGTH OF THE ROAD PROPER, EXCLUSIVE OF THE DISTANCE COVERED BY THE BRIDGES OF MORE THAN 20 FEET OF CLEAR SPAN, IT WOULD HAVE BEEN $156,465, OR $1,485 LESS THAN THE AMOUNT ALLOWED FOR ROAD CONSTRUCTION. THE MAXIMUM OF 50 PERCENT OF THE TOTAL ESTIMATED COST OF BRIDGE CONSTRUCTION HAS ALSO BEEN ALLOWED. IN OTHER WORDS, THE BRIDGE CONSTRUCTION HAS BEEN INCLUDED IN THE COMPUTATION TWICE; ONCE IN COMPUTING THE DISTANCE OF THE ROAD FOR THE PURPOSE OF DETERMINING THE MAXIMUM AMOUNT AT $15,000 PER MILE, AND ONCE IN COMPUTING THE AMOUNT ALLOWABLE FOR THE BRIDGES, THE RESULT BEING THAT THE COST OF THE CONSTRUCTION COVERED BY THE BRIDGE EXCEEDS 50 PERCENT OF THE TOTAL ESTIMATED COSTS, THE MAXIMUM AUTHORIZED FOR GOVERNMENT PARTICIPATION.

UNDER THE PLAIN TERMS OF THE STATUTE THE MAXIMUM GOVERNMENT PARTICIPATION IN ROAD CONSTRUCTION AT THE RATE OF $15,000 PER MILE IS TO BE COMPUTED "EXCLUSIVE OF THE COST OF BRIDGES OF MORE THAN TWENTY FEET OF CLEAR SPAN.' IT WOULD APPEAR, THEREFORE, THAT THE DISTANCE COVERED BY THE BRIDGES SHOULD NOT BE INCLUDED IN THE LENGTH OF THE ROAD, AND THAT GOVERNMENT PARTICIPATION IN THE CONSTRUCTION OF BRIDGES OF MORE THAN 20 FEET OF CLEAR SPAN WAS INTENDED TO BE COMPUTED SEPARATE AND DISTINCT FROM THAT OF THE ROAD PROPER. NO COMPUTATION IS AUTHORIZED THAT WOULD OBLIGATE THE GOVERNMENT TO EXCEED THE MAXIMUM OF 50 PERCENT OF THE TOTAL ESTIMATED COST OF ANY PORTION OF THE CONSTRUCTION, EXCEPT IN CERTAIN PUBLIC-LAND STATES WHERE AN INCREASE IS SPECIFICALLY AUTHORIZED BY LAW. ACCORDINGLY, THE MAXIMUM GOVERNMENT PARTICIPATION AUTHORIZED ON THIS PROJECT IS $156,465.

TOTAL PAYMENTS HERETOFORE MADE ON COMPLETED PROJECTS WHICH INCLUDED THE DISTANCE COVERED BY BRIDGES OF MORE THAN 20 FEET OF CLEAR SPAN AS A PART OF THE ROAD DISTANCE, IN ACCORDANCE WITH THE ADMINISTRATIVE VIEW OF THE STATUTE, WILL NOT BE DISTURBED IF OTHERWISE LEGAL AND PROPER, BUT NO FUTURE PAYMENTS FOR ROAD CONSTRUCTION AT $15,000 PER MILE, INCLUDING THE DISTANCE COVERED BY BRIDGES OF MORE THAN 20 FEET OF CLEAR SPAN, WILL BE AUTHORIZED IF 50 PERCENT OF THE TOTAL ESTIMATED COST OF THE BRIDGE IS ALSO ALLOWED.