The Federal-Aid Highway Program: Administrative Procedures and Judicial Interpretation

May 1972
Citation:
2
ELR 50001
Issue
5
Author
Robert M. Kennan Jr. and Ronald C. Peterson

The federal-aid highway program is the nation's most extensive and expensive continuing public works program. In 1971 alone, $4.7 billion were distributed to the states as reimbursement for highway building costs.1 Since 1956, these federal expenditures have been funded by highway user taxes deposited into the Highway Trust Fund.2 Highway trust funds are used only for building highways.

Under the federal-aid highway program, state highway departments are responsible for planning, designing, and constructing federal-aid highways. The federal government reimburses the states for a portion of the federal-aid highways' costs. The Federal Highway Administration (hereafter referred to as the FHwA) administers the federal-aid highway program.3 Its primary responsibility is to assure that the state highway departments have adhered to federal standards before the states are reimbursed for a portion of the federal-aid highways' costs. This responsibility is carried out by requiring the state highway departments to obtain federal approvals at various stages in the highway building process.

Mr. Kennan: B.A., 1960, Pomona College; B.A. Oxon, 1962, Oxford University; LL.B., 1965, University of Washington School of Law; Counsel, National Wildlife Federation, Washington, D.C.

Mr. Peterson: B.A., 1967, University of California at Santa Barbara; M.A., 1971, Yale University; LL.B., 1971, Yale Law School.

This Article was initiated while Mr. Peterson participated in the National Wildlife Federation's legal internship program in 1971.

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