# Title 24 — Highways, Bridges, and Ferries

## Chapter 24-04 — Federal Aid

### § 24-04-01. Assent to federal aid given.

The legislative assent required by section 1 of the Act of Congress approved July 11, 1916,
Public Law No. 156, entitled "An Act to provide that the United States shall aid the states in the
construction of rural post roads, and for other purposes," is hereby given. The director is
authorized and empowered to make all contracts and to do all things necessary to cooperate
with the United States government in the construction of roads under the provisions of the said
Act or other Act of Congress that hereafter may be enacted, including the Federal Aid Highway
Act of 1950 regarding secondary roads.
### § 24-04-02. Federal-aid highways included in highway systems of state.

In the selection and designation of highway systems, as provided for under this title, due
consideration must be given to those highways on which federal-aid funds have been
expended, and when practicable and justifiable, such federal-aid highways must be included in
said systems.
### § 24-04-03. Feeder roads and rural transportation assistance programs - Director may

cooperate with federal government.
The director may receive and expend any funds within the limits of legislative appropriations
made available by the Congress of the United States to be applied on the county road system,
and other roads or streets not on the state highway system and to assist in the development
and improvement of surface transportation systems in rural and small urban areas, including
projects and programs for the construction of public roads not on any federal-aid system,
correction of safety hazards and replacement of bridges, development of parking facilities to
serve buses and other means of public transportation of passengers, and for the purchase of
buses used in public transportation service. The director may carry out the intent and purpose of
rural transportation assistance programs authorized by Congress to the same extent that the
director now may cooperate legally with federal-aid highway construction and maintenance
programs, except as hereinafter provided. The director may not engage in or provide state funds
for the operation of any public bus transportation system except by contract with a local
governmental entity or a private operator and may expend no revenue derived from gas tax or
motor vehicle licensing in the establishment or operation of such public bus transportation
system.
### § 24-04-04. Municipalities may aid federal highway construction.

A municipality, through its governing body, wherever a federal-aid highway is routed through
such municipality, may participate in the financing, planning, construction, and acquisition of
right of way of said highway.
### § 24-04-05. Municipalities may pay share of highway cost by taxes or special

assessments.
Any municipality may raise funds for the purpose of meeting its share of the cost of
construction, financing, planning, or acquiring a right of way of a federal-aid highway through
general taxes to be levied at large throughout such municipality, or where such highway in the
opinion of the governing body of said municipality particularly and materially benefits property
abutting thereon, may provide said sum through special assessment.
### § 24-04-06. General laws govern taxes and special assessments to pay highway costs.

All provisions of law relating to the levying of taxes for internal improvements of
municipalities and the levying of special assessments for such improvements are applicable to
sections 24-04-04 and 24-04-05 insofar as they are not inconsistent with the general purpose
thereof, namely, to permit such municipalities to participate in federal-aid highway construction,
financing, planning, and acquisition of right of way, through and within their limits.
