Page:America's Highways 1776–1976.djvu/227

 required general provisions, contract forms, performance and payment bonds, contractor qualification forms, Project Agreement forms, etc.

BPR officials examining a traffic counter in the late 1940’s. Traffic volume is often a factor in determining highway needs.

While the basic principle of State initiation and Federal review and approval remained intact, the continuing enactment over the years of new highway legislation with new programs and new provisions inevitably led to increasingly complex step-by-step project procedures to a degree that never could have been imagined in 1921.

With the passage of the 1956 Federal-Aid Highway Act came new procedural requirements which were inserted into their logical sequence of project steps to obtain Federal approvals.

The first of these was the requirement to hold public hearings, originally called for in the 1950 Federal-Aid Highway Act for highway projects bypassing a city or town, but later extended to all Federal-aid projects to be responsive to the goals and objectives of the local community. The term “public hearings” is always used in the plural because, although at first it was required only at the corridor or location stage, for many years it was administratively determined that a second public hearing was necessary at the design stage. In recent years a more flexible approach permits the requirement for public participation to be met in whatever way is considered most suitable in a specific situation.

Another procedural change resulted from a provision in the 1956 Highway Act that permitted Federal reimbursement for costs of relocating public or private utilities. Accommodation of utilities within the right-of-way is permitted as long as they do not hamper the safe flow of traffic.

The 1956 Act also required that the Davis-Bacon Act of 1935 would apply to Interstate projects. This involved the preparation and Federal approval of minimum labor wage rates to be paid to contractor construction employees on an individual project basis. The minimum rate is established by the U.S. Department of Labor and varies by geographic area. Later, the 1968 Act required extension of the Davis-Bacon coverage to all Federal-aid highway projects.

By 1962 highway projects in cities were numerous and concern for the integration of the highway with other modes of transportation, with the growth of the cities, and the potential needs of the future came to the fore. Federal assistance for planning had been available since 1934, but in 1962, legislation required that after July 1965 all Federal-aid highway projects within urban areas of more than 50,000 population must be based on the results of a continuing, comprehensive, cooperative transportation planning process. Planning was extended further in 1968 by the Intergovernmental Cooperation Act which, as implemented by the Bureau of the Budget BOB, in Circular A-95, Notification Procedure, required that all proposed highway projects be submitted to State and areawide clearinghouse agencies for review and comments. The aim was to insure that all Federal and federally assisted projects were coordinated with the development plans of other public agencies. Thus, two general procedures were added to the already growing requirements before any physical work could begin on a highway project.

Another emerging social concern in 1962 was the plight of those persons required to move because of highway construction. At first the States were required to provide counseling for those whose property or dwelling place was taken, but in 1968 limited financial reimbursement was authorized. In 1970 the Uniform Relocation Assistance and Real Property Acquisition Policies Act was passed to protect the displaced people, and Federal review and approval were required before right-of-way could be taken on any Federal-aid project.

Over the years concern had been developing for preserving our social, cultural and historical heritage. As early as 1956, Federal funds could be used for archeological paleontological salvage. However, in 1966 the Department of Transportation Act mandated protection of parklands, historic sites and other public conservation lands. Although this provision does not apply in the vast majority of highway projects, where taking these types of lands is contemplated, it results in considerable extension of preconstruction planning and review time.

Since about 1965 not only the number of categorical highway programs have increased, but also the highway-related considerations involved in carrying out highway programs. As a direct consequence of the Nation’s changing social values and quality of life standards, Congress enacted legislation responsive to the increasing demands of those adversely affected by highway locations. Much of this legislation necessarily had an impact upon the highway program and the complexity of its administration. Some of the pertinent legislation included:

Civil Rights Acts of 1964 and 1968 Highway Beautification Act of 1965 National Environmental Policy Act of 1969 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Clean Air and Noise Control Acts of 1970 Equal Employment Opportunity Act of 1972 221