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reimbursed by the Federal Government during any Federal fiscal year sta exceed neither the amount of the Federal allotment nor the amount espended by the State, including the expenditures of forest owners or operators which are required by State law or which are made in pursuance of the forest protectia system of the State under State supervision and for which in all cases the Sua renders satisfactory accounting, for its share of the cost of maintaining the cooperative fire protection system.

Article III. It is expressly understood and agreed between the parties hereto:

1. That both the Department and the Secretary shall have equal right to publish the results of the cooperation under this agreement: Provided. That any results intended for publication, except press notices of momentary or local interest, be approved by the Department and by the Secretary; and that in all such publications it shall be plainly stated that the results were secured throceb cooperation between the Department and the Secretary.

2. That this agreement shall become effective as of the day and year first abuse written and continue in force thereafter, subject, nevertheless, to the availability of funds appropriated by Congress for carrying out the provisions of Sections 1-3 of the act of June 7, 1924, as amended, and to any amendments which may be made hereof by mutual agreement of the parties; and it is expressly understad that this agreement or any modifications hereof may be terminated by either party upon thirty (30) days' written notice to the other.

In witness whereof, the said Department has hereunto caused its name and seal to be affixed by its proper officer on the 9th day of January 1929, and ihe said Secretary has hereunto set his hand and affixed his official seal on the date below written. [SEAL]

DEPARTMENT OF CONSERVATION

By Dick LIEBER, Director. Signed and sealed by the Secretary of Agriculture this 29th day of March 1929 [SEAL]

R. W. DUNLAP. Acting Secretary of Agriculture.

U.S. DEPARTMENT OF AGRICULTURE,

FOREST SERVICE,

Washington, D.C., January 10, 1973. Letter sent to all State Foresters.

Dear —: During the past months we have carefully assessed our programs and activities with a view of holding Federal spending levels to an absolute minimum to carry out essential programs in fiscal year 1973. This is in line with the need to keep Federal spending levels under $250 billion to avoid further inflation and a possible tax increase. With the advent of revenue sharing and the improved financial condition reported by some States as the economy continues to more un, it appears that some reductions can be made in Federal-State cost-sharing programs without causing undue financial impact on the States. Therefore, the fiscal year 1973 budget for the cooperative forest fire control programs (C-M2). originally allocated to the States on the basis of an appropriation of $20,027,000 has been reduced to $10,000,000.

Since this reduction will affect the Federal share, your annual financial plans for fiscal year 1973 for this cooperative program will be returned. The approral of these plans is withdrawn, and further payments based on the plans will be withheld pending approval of new plans.

We are asking the National Association of State Foresters to work with us to develop the best means of redistributing the funds,

Federal administrative costs for this program will also be reduced. This will affect the meetings scheduled for the next 6 months. I ask your understanding and support for this action. Sincerely,

John R. McGUIRE, Chief. cc: Areas and Regions.

[Telegram]

Lixcoln, NEBR., February 6, 1973. nator SAM J. ERVIN, airman of Subcommittee on Separation of Powers, rksen Building, Washington, D.C.: Under instructions from Mr. Rufus L. Edmisten, Chief Counsel and Staff Di

ctor of the Subcommittee, I am hereby recording support of the State of : ebraska for Senator Ervin's proposed bill which would restrict the authority

the federal executive to impound appropriated federal highway funds. This poundment has seriously and adversely affected Nebraska's highway program. overnor J. James Exon, in his January 19, 1973 budget message to the Nebraska egislature, recorded strong opposition to the federal impoundment and urged le Legislature to petition federal authorities for relief from such impoundments. Nebraska will submit a detailed statement, for the record of your Subcomtittee, providing specific examples of adverse impact of impoundment on the ighway program of the State of Nebraska. This information will be submitted 'ithin 5 days. Thank you for the opportunity to record Nebraska's support of our bill and our opposition to the practice of federal impoundment of approriated highway funds.

THOMAS D. DOYLE, Director, State Engineer, Nebraska Department of Roads.

STATE OF NEBRASKA,

DEPARTMENT OF ROADS,

Lincoln, Nebr., February 9, 1973. Ion. SAM J. ERVIX, Chairman, Subcommittee on Separation of Powers, Dirksen Building, Wash

ington, D.C. DEAR SENATOR Ervin: I am submitting the following statement pursuant to ny February 6, 1973 telegram (copy attached) on the subject of impoundment of federal highway funds.

The State of Nebraska sincerely appreciates this opportunity to submit information for consideration by your Committee, in connection with hearings on your proposed bill which would restrict the authority of the federal executive branch to impound appropriated federal funds. As indicated in our February 6th telegram, Governor J. James Eson in his January 19, 1973 budget message to the Yebraska Unicameral recorded strong opposition to federal impoundments of authorized funds, and urged the Legislature to petition federal authorities by resolution for relief from such impoundments. Accordingly, an appropriate resolution has been introduced into the Unicameral and will be forwarded upon its adoption.

For the information of the Committee, I am enclosing a listing of proposed Nebraska highway projects which will definitely be available for obligation in the current fiscal year, but which will require the release of additional federal highway funds out of existing federal apportionments for the State of Nebraska. Due to existing limitations of our obligational authority, and to present administrative categorical program restrictions, Nebraska is presently prevented from advancing a number of essential highway projects.

For example, Nebraska requires $7,839,623 additional obligation authority for Interstate projects and $1,597,319 additional obligation authority for other programmed categories. Attached for your information is an itemized listing of those projects and the amounts involved.

It should be noted that the required additional authority could be made available out of already existing apportionments for the State of Nebraska, but is unavailable at this time because of federal impoundments and categorical restrictions which have been placed on Nebraska's highway funds.

The required release of additional obligation authority must be made no later than May of this calendar year in order to assure that our planned high way projects will be placed under contract in sufficient time so as to permit completion during the appropriate construction season. For example, if the additional authority is not received by the middle of May, it becomes questionable whether the remaining 10-mile Interstate gap in western Nebraska could be fully completed during the 1974 construction season as is presently planned. On the other hand, timely availability of additional federal obligation authority will assure that all of the proposed projects on the attached list will definitely be obligated as planned and completed during the construction period for which they are scheduled.

We respectfully submit the foregoing information which provides examples of how the Nebraska highway program has been adversely affected through the federal impoundment of appropriated funds.

We again express our sincere appreciation for this opportunity to provide comments for the record of your Committee's hearings, and should we be able to provide any further information in this regard we would be happy to do so upon request. Sincerely,

THOMAS D. DOYLE,

Director-State Engineer. Attachments,

STATE OF NEBRASKA- FEDERAL OBLIGATION AUTHORITY REQUIRED TO FRCCEED WITH NEBRASKA FISCAL YEAR 1973 HIGHWAY CONSTRUCTION

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Unobligated apportionment balances Dec. 31, 1972.
Obligation authority balances Dec. 31, 1972
Adjustments to reflect pending adjustments to obligated projects.

Net obligation authority Jan. 1, 1973.
Obligations required to proceed with Nebraska highway construction program as planned during
fiscal 1973 (listed below).

Net additional obligation authorities required for fiscal year 1973.

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LIST OF PROJECTS PLANNED AND THAT WILL BE READY FOR OBLIGATION THROUGH JUNE 30, 1973

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$83, 880
112,500
97, 240
33, 740

EST-4

Statewide: Cost estimate preparat
80-0

Statewide: Directory signs.
80-1 (11) Brownson-Sidney: ÁOW

(12) Between Sidney Interchange: ROW
(19) Brownson-Sidney: Utilities.
(20) Between Sidney Interchange: Utilities
(39) Between Sidney Interchange: Grading-
(40) Between Sidney Interchange: Separations.
(41) Between Sidney Interchange: Concrete pavement.
(42) Between Sideny Interchange: Viaducts.
(43) Brownson-Sidney: Grading-
(44) Brownson-Sidney: Separations.
(45) Brownson-Sidney: Concrete pavement.

(108) Missouri River Bridge: Lighting
80-2 (11) Sidney West and East: Utilities.

(41) Sidney West and East: ROW

(44) Chappell Jct. 80/80S : Sign modification
80-3 (57) Roscoe-Sutherland: Landscaping -

(62) Jct. 80/80S-North Platte: Sign modification
80 4 (46) Gothenburg Interchange: Lighting -
80-8 (41) Seward Interchange: Lighting-
80-9 (214) LAFB-Cass County Line: Safety revisions--Culverts

(273) Cass County Line-Platte River: Safety revisions-Culverts
129-1 (14) Missouri River Bridge: Substructure
180-9 (217) Jct. 80/180-Lincoln: Safety revisions-Culverts
680-9 (243) Irvington-lowa Line: Signing -

(248) 35th Abut No. 1: Concrete pavement.

$30,000
100,000
118, 800

60,000
130,000

50,000
1, 147, 677

161, 050
963, 320

131, 684
1, 365, 463

432, 532
1, 758, 489

16,587
151, 450
17,800
32, 400
72, 144
86, 400
68, 400
68, 400
74,097

84, 375
1,552, 870

20.043
172, 800
561, 150

$30,000
100,000

34, 920
(-)52,590

32, 760

16, 260
1, 147, 767

161, 060
963, 320

131,684
1, 365, 463

432, 532
1, 758, 489

16,587
17,800
29, 700
65,844
79,200
64, 800
64,800
70, 497

83, 025
1,552, 870

18, 243
172, 800
561, 150

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(20) Falls City-North: Grading structures and concrete
(21) Falls City-North: Grading struct, and concr. widen and resurf.
(36) Norfolk-South: Elkhorn River bridge.
(10) Red Cloud-North: Grading, structuros and bit
(32) Winnebago-Homer: Grading, str. widening and resurf
(12) Albion-St. Edward: Grading, str., and concrete
(6) U.S. 77, North to 1-80: Widening, resurf., and add new lanes.
(26) In Valentine: Urban.

301, 000
904, 000
226,000
566, 000
491, 280
631, 408
810, 860
118,000

53,000
37,500

17,500
454, 810

4,500

$301,000
904,000
226,000
513,000
453, 780
613, 903
356, 050
113,500

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