PUBLIC LAWS-CH. 328 -JUNE 8, 1938 wUse of ederalfunds (d) If within the fiscal years 1938 and 1939 the Secretary of Agri- tate fundsincertain culture shall find with respect to any State (1) that the proceeds ases of all special taxes on motor-vehicle transportation, as referred to in 43 Stat. 995 section 12 of the Act of June 18, 1934 (48 Stat. 995), as amended by this Act, are applied to highway purposes as defined in said sec- tion; (2) that at least 90 per centum of such proceeds are applied to the administrative and operating expenses of the State highway department, the maintenance of the State and Federal-aid highway systems, and the payment of interest on, and the amortization of, bond obligations of the State for the payment of which such revenues have heretofore been pledged; and (3) that the portion of the proceeds of all such special taxes then available for construction, together with funds available to the State from any other sources for highway pur- poses, will be insufficient to match all, or any part, of the regular and secondary Federal-aid road funds apportioned to such State for such fiscal years in accordance with the provisions of the Federal 43t. 2 . 1-25; Highway Act (42 Stat. 212), as amended and supplemented, then snpp. I, eh. 1. such portion of such apportionment as the Secretary of Agriculture shall find the State is unable to match shall be made available for expenditure in such State in accordance with said Federal Highway Act without being matched by the State. Term "highway" to Ta includeicertain (e) The term 'highway as defined in the Federal Highway Act bridges. (42 Stat. 212), as amended and supplemented, shall be deemed to include that portion of any interstate or international bridge and the approaches thereto, the cost of which is assumed by the State high- way department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of such bridge. ondary or eeder SEC. 2. For the purpose of continuing the provisions of section 7 Sums authoried for of the Act of June 16, 1936 (49 Stat. 1521), there is hereby authorized Federal aid. 49 stat. 1621. to be appropriated the sum of $15,000,000 for the fiscal year ending June 30, 1940, and the sum of $15,000,000 for the fiscal year ending June 30, 1941; said sums to be expended on secondary or feeder roads, including farm-to-market roads, rural-free-delivery mail roads, and public-school bus routes. road gradei crosing SEC. 3. For the elimination of hazards to life at railroad grade hazards. crossings, including the separation or protection of grades at cross- ings, the reconstruction of existing railroad-grade-crossing structures, and the relocation of highways to eliminate grade crossings, there is Apportionment. hereby authorized to be appropriated, to be apportioned on or before the 1st day of January of each year preceding the fiscal year for which it is authorized among the several States in accordance with 42 Stat. 212 . the provisions of the Federal Highway Act (42 Stat. 212), as Basis, amended and supplemented, except that such apportionment shall be one-half on population as shown by the latest decennial census, one- fourth on the mileage of the Federal-aid highway system as deter- mined by the Secretary of Agriculture, and one-fourth on the railroad mileage as determined by the Interstate Commerce Commission, and to be expended in accordance with said Federal Highway Act, as Matching not re- amended and supplemented, except that no part of such funds appor- quired. Amounts author- tioned to any State need be matched by the State: The sum of ed.$20,000,000 for the fiscal year ending June 30, 1940, and the sum of $30,000,000 for the fiscal year ending June 30, 1941. Damages by foods SEC. 4. Not to exceed $8,000,000 of any money herein or hereafter phes. appropriated for expenditure in accordance with the provisions of the as an emergency relief Federal Highway Act (42 Stat. 212) shall be available for expendi- fund. ture by the Secretary of Agriculture, in accordance with the pro- visions of said Federal Highway Act, as an emergency relief fund, 634 [52 STAT;
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