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HIGHWAY ADMINISTRATION

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The systems of highway administration extant in the various political units in the United States present a patchwork of overlapping authority and undetermined responsibility. Highway laws are being constantly revised by state legislatures and with each revision there is some change in administrative methods and often the changes are revolutionary in character. In most states, the trend is away from county and township administration and toward state administration, with provision for considerable participation by the federal government.

It will be pertinent to consider briefly the present functions of each of the administrative authorities having duties in connection with highway work in the United States, although these duties vary greatly in the several states and change periodically with the action of legislatures.

Township Administration.—Township or "Town" authority is a survival of the old New England town government and the town board consists of three or more trustees who hold office for fixed terms. The usual term is three years, but is less in some states. The incumbent is generally a man who has other responsibilities of a public or private nature and who gives but little of his time to highway matters. In some states the pay is a fixed annual salary and in others a per diem with some limitation on the amount that may be drawn in any one year, which limitation may be statutory or may be by common consent.

The township highway commissioners or trustees have jurisdiction over certain of the roads in the township, usually best described as all roads not by law placed under the jurisdiction of some other authority. In certain instances, the township authorities have charge of all of the roads in the township, which would mean that no "county" or "state" roads happened to be laid out in that township. It is a matter of general observation that the trend of legislation is toward removing from the jurisdiction of the township officials all roads except those upon which the traffic is principally local in character. The actual mileage of roads in the United States that is at present administered by township officials is large, probably constituting not less than seventy per cent of the total mileage.

In most states the township officials are responsible for the maintenance of the roads under their jurisdiction and also supervise such new construction as is undertaken. This includes the construction of culverts and bridges as a rule, but in some states the county board of supervisors is responsible for all of the bridge and culvert work on the township roads. In other states, the township board is responsible only for bridges or culverts that cost less than a certain amount specified by law (usually about $1000) and the county board provides for the construction and upkeep of the more expensive bridges and culverts.

Funds for the work carried out by the township road officials are obtained by general taxation, the amount that may be levied being limited by statute and the actual levy being any amount up to the maximum that the township board deems necessary for its purposes. It is the general observation that the tax levy is usually the maximum permitted by law.

In many states, township officials are permitted to issue bonds for road construction, almost invariably, however, with the restriction that each issue must be approved by the voters of the township. There is always a provision that the total amount of bonds outstanding must not exceed the constitutional limit in force in the state. In several states, the townships have large amounts of road bonds outstanding.

County Administration.—In some states the county is the smallest administrative unit in the road system. A county board, called the board of county supervisors or board of county commissioners consisting of from three to fifteen members, is the administrative authority. Its members are elected for fixed terms which vary in length from one to five years. The county board usually has many public responsibilities other than highway administration, and is generally made up of men with considerably more business ability than the average township board.

The county board has jurisdiction over all of the highways in the county in some states, and in others it has charge of only the more important highways. In most states, the laws set forth specifically what highways shall be under the jurisdiction of the county authorities.

In addition to having direct supervision of the improvement and maintenance of the roads assigned to county administration, the county boards in some states arrange for the construction of all culverts and bridges on the roads that are under township supervision, or at least the more expensive bridges and culverts on such roads. Sometimes this is accomplished by granting county aid for township bridges, under which system the county pays a part of the cost of the construction of bridges on the township roads. The amount of aid varies, but is generally about one-half of the cost, and the township and county officials jointly assume the responsibility of arranging for the construction by contract or otherwise.

The county board obtains funds for road work through a direct tax on all property in the county, the maximum rate being limited by statute. County boards are also authorized to issue bonds for road construction under statutory restrictions and limitations similar to those effective in the township as to total amount issued, and many millions of dollars' worth of highway bonds have been issued by county authorities in the United States.

State Administration.—In a state, the administrative authority in highway matters is vested in a board of commissioners usually consisting of three or more members. In a few states, the administrative authority is delegated to a single commissioner. Where the authority is vested in a board, that board is usually appointed by the governor. In several states one or more members of the commission hold that position ex officio; for example, in several states the governor is by law a member of the commission, in others the secretary of state or the dean of engineering at the State University or the state geologist is a member of the commission. Where the administrative authority is a single commissioner he may be elected along with other state officers, but this is the case in only a few states.

The authority of the state highway department varies in the several states, but in general the departments serve in the dual capacity of general advisers to the county and township authorities on road matters and as the executive authority responsible for the construction of those highways that are built entirely or in part from state or federal funds.

State highway departments consist of the commission or commissioner, and the technical and clerical staff required to perform the duties imposed on the state organization. To some extent the state highway departments are able to encourage economical and correct construction of highways by the township and county authorities by furnishing them standard plans and specifications and by formulating regulations to govern the character of construction, but such efforts are likely to be more or less ineffective unless the state authority has supervision of the allotment of state or federal funds to the various counties and townships. Nevertheless, most state highway departments do a great deal of advisory work in connection with the highway construction carried out by county and township authorities.

State highway departments are supported by funds obtained in various ways, laws differing greatly in this respect. The necessary support is in some states appropriated from funds obtained by general taxation, and is in others obtained from automobile license fees. In still others, the funds are secured by a combination of the two methods mentioned above. In addition to these support funds, a certain part of the money obtained as federal aid may be employed for the engineering and inspection costs on federal aid roads. The above mentioned funds are required to maintain the state highway department. In addition, the departments have supervision of the expenditures of construction funds which can be used for road construction and maintenance, and may not be expended for salaries or other overhead expense.

In a number of states, automobile license fees are set aside for financing road construction and maintenance, and the work paid for from the fees is carried out under the supervision of the state highway department.

In a number of instances, state bonds have been issued for road construction, and the expenditure of the proceeds of the sale of road bonds has usually been supervised by the state highway department.

All federal aid funds allotted to a state must be expended under the direction of the state highway department.

Federal Administration.—Federal authority in highway work is vested in the Bureau of Public Roads of the United States Department of Agriculture. The official head is the Secretary of Agriculture, but the administrative head is the Director of the Bureau. In this Bureau are the various instrumentalities needed for carrying on investigations and furnishing information to the various states on highway subjects. The Bureau also supervises the construction of federal aid roads in a general way through district engineers, each of whom looks after the work in several states.

Funds for the support of the Bureau of Public Roads are obtained from congressional appropriations to the Department of Agriculture and from a percentage of the funds appropriated for federal aid.

Federal aid is money appropriated by Congress to be distributed to the various states to stimulate road construction. It is granted to the states on the condition that the states will expend at least an equal amount on the projects involved. The states in turn usually give a suitable part of the state allotment to each county. There are various limitations as to the amount of federal aid per mile of road and the type of construction that may be employed, but these are matters of regulation that change from time to time.

It will be seen that each of the administrative authorities, except the Bureau of Public Roads, is to some extent subservient to a higher authority, and the Bureau of Public Roads is supervised by the United States Congress. Considerable diplomacy is required on the part of any administrative authority if his contact with other officials is to be without friction. This is especially true in connection with the formulation of a policy regarding the types of construction to be adopted for an improvement. The responsibility for the selection is variously placed on the township, county or state authority, the laws not being uniform in this respect. If state or federal funds are allotted to an improvement, the state authority either makes the selection of the type of construction or the selection is made by some subordinate authority subject to the approval of the state highway department. Where the improvement is paid for exclusively with township or county funds, the selection is often made by the township or county authority without review by higher authority. Many abuses have crept into highway administration through the unscrupulous methods of promoters of the sale of road materials or road machinery. A great deal of the selling activity of the agents for these commodities is entirely irreproachable, but it is well known that such is not always the case. As a result, the tendency of legislation is to require the state highway department to approve contracts for materials or construction entered into by the township or county authorities. The state highway departments can secure the requisite technical experts to determine the merits of materials and equipment and, in spite of some glaring examples of inefficiency or worse, have made a good record for impartiality and integrity as custodians of the funds for which they are responsible.

American Rural Highways

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