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PURPOSE OF APPROPRIATION

The elimination of hazards to life at railroad grade crossings has always been & recognized part of the regular Federal-aid highway program. Funds were first provided specifically for this work under the provisions of the Emergency Relief Appropriation Act of 1935 (49 Stat. 115), when $200,000,000 was allotted exclusively for this type of work. The Hayden-Cartwright Act of June 16, 1936 (49 Stat. 1519), carried the first authorization exclusively for this work in regular Federal-aid legislation. Subsequently, each Federal-aid authorization act has carried specific provision for the elimination of danger at grade crossings. The act of September 5, 1940 (54 Stat. 869), authorized appropriations of $20,000,000 for each of the fiscal years 1942 and 1943 for this work. (Details included in general statement.)

Unlike the Federal-aid highway system and secondary or feeder road funds, which must be matched with State funds, these funds are available to pay the full cost of construction without being matched with State funds. The work under this appropriation includes the protection or separation of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways or railroads to eliminate grade crossings.

During the fiscal year ended June 30, 1941, grade crossing projects were brought to completion and work was under way as of that date as follows:

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The sum of $10,000,000 was appropriated in the Independent Offices Appropriation Act of 1942 to provide for these activities. This amount was composed of $5,000,000, the remainder of the amount authorized to be appropriated for the fiscal year 1940, and $5,000,000, a part of the amount authorized to be appropriated for the fiscal year 1941 (exhibit F).

ESTIMATE FOR 1943

The amount requested for the fiscal year 1943 is $22,000,000, which is a part of the amount authorized for the fiscal year 1941. Although the amount requested for 1943 is $12,000,000 more than was requested for 1942, actual expenditures will be less in 1943 than in the current fiscal year. The small appropriation requested for 1942 was due to an unexpended balance of over $29,000,000 appropriated for prior years which was carried forward for expenditure in 1942 (exhibit G). The amount now requested for 1943 is actually $3,000,000 less than was appropriated for 1941 and $18,000,000 less than the appropriation for 1940.

INCREASE IN ESTIMATE OVER CURRENT APPROPRIATION

Mr. WOODRUM. The estimate for 1943 is $22,000,000 as against a current appropriation of $10,000,000.

Mr. MACDONALD. The same thing is true, Mr. Chairman, of this appropriation, as of the others.

Mr. WOODRUM. The money would be used on grade-crossing eliminations incident to the defense highway program?

Mr. MACDONALD. Yes, sir.

Mr. FITZPATRICK. That is partly matched by the States, is it not? Mr. MACDONALD. No matching is required for construction_purposes. It has been required up to the present time that the State provide the right-of-way and pay property damages. Mr. FITZPATRICK. That is, approaching the crossing?

Mr. MACDONALD. Yes, sir.

Mr. STARNES. I notice that here for the first time there is an increase in this particular bill. There was a decrease of $45,000,000 from last year's appropriation on your Federal-aid highway system, and a decrease of $9,000,000, from $15,000,000 to $6,000,000, for your secondary or access roads. But when you come to the elimination of grade crossings, you jump from $10,000,000 to $22,000,000. What do you assign as the reason for that discrimination, if you want to call it that, as between these appropriations?

Mr. MACDONALD. You see, we had a $30,000,000 authorization for 1941.

Mr. STARNES. But for 1942 you had only $10,000,000.

Mr. MACDONALD. The authorization for 1942 was $20,000,000, We estimate that the expenditure to take up the program that has been provided for will require $22,000,000 this year. There is a lag between the time the work is done-between the time the work is put under construction-and the time that we actually pay the money out. The appropriation for 1942 was only $10,000,000, and we are going to pick up the balance in this estimate of $22,000,000.

Mr. WOODRUM. You have still got some balance you have not picked up?

Mr. MACDONALD. Yes, sir.

Mr. STARNES. I am wondering, though, in view of the tremendous amount of money that has been spent under previous relief programs and public works programs for the elimination of grade crossings, why it is necessary to jump from $10,000,000 to $22,000,000 when every other part of your program has been cut and cut severely.

Mr. MACDONALD. We only had a $10,000,000 appropriation last year, but the authorization was for $30,000,000. That work is put under contract under the authorization. We are called upon to pay for the work later, so that this $22,000,000 estimate provides for the payment for work that was put under way under previous authorizations.

Mr. STARNES. Will you please insert in the record an allocation of this $22,000,000 by States?

Mr. MACDONALD. Yes, sir.

Mr. WOODRUM. If you have not, put it in the record.

Mr. MACDONALD. Yes, sir. The apportionment for 1942 is included in material submitted for the record in exhibit F.

Mr. WIGGLESWORTH. Do you mean that all of this $22,000,000 is already under contract?

Mr. MACDONALD. That and what we estimate will be put under contract as defense projects.

Mr. WIGGLESWORTH. Is the $22,000,000 under contract yet?
Mr. MACDONALD. Part of it.

Mr. WIGGLESWORTH. How much? Put the figure in the record, please.

Mr. MACDONALD. Very well.

Approximately $16,700,000 of $22,000,000 is obligated to projects that are already under way.

PUBLIC-LANDS HIGHWAYS

Mr. WOODRUM. The next item is "Public-lands highways," as follows:

For the survey, construction, reconstruction, and maintenance of main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations other than the forest reservations, under the provisions of the Act of June 24, 1930 (23 U. S. C. 3), $500,000, to be immediately available and to remain available until expended, which sum is a part of the sum authorized for the fiscal year 1943 by section 7 of the Act of September 5, 1940 (54 Stat. 869).

JUSTIFICATION OF ESTIMATE

Mr. MACDONALD. The following justification is offered for this item.

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These funds are made available to provide for the survey, construction, reconstruction, and maintenance of public-lands highways, which are main roads through unappropriated public lands, nontaxable Indian lands, or other Federal reservations except the national forests, as provided in the Federal Highway Act. Funds were first provided for this purpose in the act of December 20, 1930 (46 Stat. 1031). Subsequent emergency legislation provided additional funds for this purpose. The first authorization for the appropriation of regular funds, as distinguished from the emergency funds, was carried in the act of June 18, 1934 (48 Stat. 993). Subsequent Federal-aid authorization acts have provided for the continuation of this work. The act of September 5, 1940 (54 Stat. 869), authorized an appropriation of $1,500,000 for each of the fiscal years 1942 and 1943. The funds are apportioned among those States having more than 5 percent of their area in certain public lands in the proportion that such lands in each State bear to the total area of such lands in all of the eligible States.

AVAILABLE FUNDS 1942

The sum of $1,000,000 was appropriated in the Independent Offices Appropriation Act of 1942 to provide for these activities. This amount was a part of the amount authorized to be appropriated for the fiscal year 1942 (exhibit H).

ESTIMATE FOR 1943

The amount requested for the fiscal year 1942 is $500,000, which is a part of the amount authorized for the fiscal year 1943 (exhibit I).

Mr. WOODRUM. For public-lands highways, you are estimating $500,000 for 1943 against an appropriation of $1,000,000 this year. Tell us about that.

Mr. MACDONALD. The public-lands program is not a very large program any more. It has been brought down to $500,000 for 1943. We are asking for this appropriation of $500,000 to cover the authorizations previously made.

Mr. WOODRUM. This is a 1943 authorization.

Mr. MACDONALD. Mr. Chairman, the Bureau of the Budget put it against 1943. There is a balance of old unappropriated authorizations of $1,500,000, so that this $500,000 really ought to be charged against that $1,500,000.

Mr. WOODRUM. It looks as though you can probably kiss that good-bye-that $1,500,000. I think that has gone the way of all flesh. The Budget seems to be charging this to your 1943 authorization.

Mr. MACDONALD. Yes, sir.

Mr. WOODRUM. The 1943 authorization is $1,500,000?

Mr. MACDONALD. Yes, sir.

Mr. WOODRUM. That leaves you an unused 1943 authorization of $1,000,000?

Mr. MACDONALD. $1,000,000.

Mr. WIGGLESWORTH. Is this for national defense work?

Mr. MACDONALD. Any part that is expended will be for national defense work; yes, sir.

Mr. WIGGLESWORTH. Are there any other funds available for this purpose?

Mr. MACDONALD. There could be funds available for that purpose under the generosity of the States; if they chose to use their own and regular Federal aid funds on public lands roads.

Mr. WIGGLESWORTH. What about the access roads appropriation; does that appropriation apply here at all?

Mr. MACDONALD. I do not believe so.

Mr. WIGGLESWORTH. How about the defense network funds?
Mr. MACDONALD. They might; yes, sir.

Mr. WIGGLESWORTH. You could appropriate $50,000,000 or part of it for this purpose?

Mr. MACDONALD. Yes, sir; there might conceivably be a project of that character.

MOUNT VERNON MEMORIAL HIGHWAY

Mr. WOODRUM. The next item is for the Mount Vernon Memorial Highway, as follows:

The unexpended balance of $89,839.23 of the appropriation made by the Agricultural Appropriation Act of May 27, 1930 (46 Stat. 427), for constructing the Mount Vernon Memorial Highway, in the State of Virginia, is hereby made available for expenditure by the Federal Works Administrator for the purpose of acquiring such additional lands adjacent to the Mount Vernon Memorial Highway as he may deem necessary for the protection and preservation of the memorial character of said highway.

This asks that the unexpended balance be made available for expenditure.

Mr. MACDONALD. Mr. Chairman, that we think is a desirable use for the balance that was left the appropriations for the building of this highway. This fund was originally made available for the acquisition of additional land to protect the memorial character of the highway.

Mr. WOODRUM. You are thinking of that trailer camp over there? Mr. MACDONALD. Yes, sir.

Mr. WOODRUM. The National Capital Park and Planning Commission have been trying to buy that and now they have pitched the ball to you?

Mr. MACDONALD. Yes, sir. This appropriation has already been made. It is not an additional appropriation. It simply authorizes the use of the money for the purpose herein stated. The appropriation was originally made to provide for additional land and additional construction.

Mr. WOODRUM. Is that still available for expenditure?
Mr. MACDONALD. Yes, sir.

Mr. WOODRUM. Will you be able to clean up that old trailer camp? Personally, I think it is an eyesore on the Mount Vernon Highway.

Mr. MACDONALD. The National Capital Park and Planning Commission have handled the negotiations for it, and I am not sure but what that is the purpose that we would use this fund for. I hope it will be sufficient or more than sufficient.

Mr. WOODRUM. Can you furnish for the record some statement that will show just what can be done if the committee makes this available?

Mr. MACDONALD. I certainly will.

NATIONAL CAPITAL PARK AND PLANNING COMMISSION

STATEMENT REGARDING THE PROPOSED ACQUISITION OF ADDITIONAL LAND TO COMPLETE THE MOUNT VERNON MEMORIAL HIGHWAY IN THE VICINITY OF NEW ALEXANDRIA AND WELLINGTON VIlla, va.

If the memorial and scenic character of the Mount Vernon Memorial Highway is to be maintained in the section between Hunting Creek and Wellington, it is essential to acquire certain isolated properties between the road and the river. These lands are now or are threatened with a type of developmer.t not in harmony with the memorial character of the highway. On the land side additional rightof-way is needed at several points where private property is too close to the road. It is expected that all of the properties, which it is essential to acquire immediately, can be acquired for the amount of the unexpended balance of the appropriation made for the Mount Vernon Highway ($89,839.23) and no longer available. The attached schedule as revised February 13, 1940, sets forth the properties in order of priority. In the first priority it is proposed to acquire first those properties which are the most objectionable. These include the J. R. Harkey tract, now occupied by a trailer camp; the J. Arnold tract, recently used in part as a dump; the Annie Turner tract, containing a small eating place; and the Ford tract, where efforts were recently made to extend the trailer camp.

Recommended schedule of purchase of additional land—Mount Vernon Memorial Highway adjusted to available funds of Public Roads Administration as revised Feb. 13, 1940

FIRST PRIORITY

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[If funds should still be available after above acquisitions are made, the following areas should be acquired]

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1 Smoot Sand & Gravel holds reversionary title to ±8 acres of this area for dredging which is not included in estimated price.

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