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B-169174 1 (1971-11-19)

handle is hein.gao/gaobaafdv0001 and id is 1 raw text is: DOV7


UNITED STATES GENERAL Au
        WASHINGTON, D.C.


CIVIL DIVISION


B-169174


I V 19


Dear Mr. Secretary:


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     LM095473


         This is to advise you of a recent decision of the Comp-,
    troller General of the United States (B-169174, March 25,    Z
    1971), which affects the policies and practices of the Bureau
    of Reclamation, Department of the Interior, and the Corps of 71,
    Engineers, Department of the Army, for relocatingpublic
    roads as necessitated by th-e construction-6fwaer resources
    projects.  A copy- of the subject decision is enclosed for
    your information.

         Section 207(c) of the Flood Control Act of 1960, as
    amended by Public Law 87-874, dated October 23, 1962
    (33 U.S.C. 701r-l(c)), authorizes the Bureau and the Corps
    to construct substitute roads to design standards comparable
    to those of the State, or the owning political division, for
    roads of the same classification as the road being replaced.
    The classification of a road is to be determined by the traf-
    fic volume existing at the time of taking. The act, as
    amended, provides further that, when a State or political
    subdivision requests that the substitute road be constructed
    to standards higher than current standards for current traf-
    fic, it must pay, prior to commencement of construction, the
    additional costs due to such higher standards.

         In the decision of March 25, 1971, the Comptroller Gen-
    eral questioned the authority of the Corps to construct with
    Federal funds a second two-lane bridge for U.S. Highway
    No. 19, State Road 55, over the Cross-Florida Barge Canal.
    The Corps had agreed to provide the State of Florida with a
    second bridge on the rationale that some States incorporated
    projected traffic growth into their published design stan-
    dards to determine the type of roads to be constructed while
    others, such as the State of Florida, did not.

         The Corps contended that these differences in published
    design standards resulted in some States' receiving, without
    cost, better roads than those replaced whereas other States
    had to contribute funds for similar improvements. Because
(                                        BEST DOCUMENT AVAILABLE


                       50TH ANNIVERSARY 1921-1971


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I IIBI

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