MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Green

AN ACT TO AMEND SECTION 65-9-29, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF FEDERAL AID HIGHWAY FUNDS MATCHED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION AND CERTAIN COUNTIES THAT ARE TO BE EXPENDED ON FEDERAL AID ROUTES IN THE STATE HIGHWAY SYSTEM AND IN THE COUNTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 65-9-29, Mississippi Code of 1972, is amended as follows:

65-9-29. (1) Federal aid highway funds allocated to Mississippi and to be expended on the federal aid routes shall be expended as follows:

(a) * * * Federal aid * * * funds allocated to Mississippi and to be expended on the federal aid routes shall be divided between the Mississippi Department of Transportation and the several counties, so that fifty percent (50%) will be matched by the Mississippi Department of Transportation and expended on the federal aid routes on the state highway system, and fifty percent (50%) matched by the counties with state aid or local funds and expended on the federal aid routes in the several counties.

(b) Such division will be made upon allocation by the Division Administrator of the Federal Highway Administration  * * *. The expenditure of all federal * * * funds shall be through and under the * * * department, subject to and in accordance with all rules and regulations and applicable laws of the federal government.

(c) Not less than fifty percent (50%) of the funds appropriated to Mississippi under the STP authorization of Public Law 105-178, the Transportation Equity Act for the twenty-first century (TEA-21) allocated for the substate distribution any area of the state and fifty percent(50%) of the amount allocated to areas with a population less than five thousand (5,000) shall be allocated to the eighty-two (82) counties and administered by the Office of State Aid Road Construction.

(d) Not less that thirty percent (30%) of the bridge replacement funds allocated to Mississippi under TEA-21 shall be allocated to the eighty-two (82) counties to replace deficient bridges in accordance with all rules and regulation of the federal highway administration and administered by the Office of State Aid Road Construction.

(2) Federal aid * * * highway funds allocated to Mississippi, * * * including federal bridge replacement funds and other special grants made available for expenditure of county roads, shall be expended as follows:

(a) Federal aid off-system highway funds expended on state aid roads shall be matched with available state aid funds and/or other available local funds, or as otherwise provided in Section 65-1-70.

(b) Federal aid off-system highway funds available for expenditure on roads not on the state aid system and not eligible for inclusion on the state aid system shall be matched with available local funds, or as otherwise provided in Section 65-9-17 or Section 65-1-70.

(c) The expenditure of all federal off-system highway funds on county roads shall be programmed by the State Highway Commission, subject to and in accordance with applicable federal law, rules and regulations, and limited to such county projects as recommended by the State Aid Engineer. The State Aid Engineer is authorized to assign state aid personnel to administer off-system construction projects and other special federal aid program requirements in the same manner and under the same provisions and conditions as other projects authorized under this chapter.