60-3-206. Apportionment of funds to secondary highway system. (1) Each fiscal year the department shall apportion the federal-aid highway funds allocated for the secondary highway system among the counties. The proportion that each county receives is computed on the following basis:
     (a) one-fourth in the ratio of land area in each county to the total land area in the state;
     (b) one-fourth in the ratio of the rural population in each county to the total rural population in the state;
     (c) one-fourth in the ratio of the rural road mileage in each county to the total rural road mileage in the state;
     (d) one-fourth in the ratio of value of rural lands in each county to the total value of rural lands in the state.
     (2) To the extent necessary to permit orderly programming and construction of projects, obligations in a county may exceed the amount apportioned to that county. The amount of excess obligations must be deducted from future apportionments to that county.
     (3) For the purposes of this section, terms are defined as follows:
     (a) "Rural population" means total county population as reported in the latest decennial federal census less the population in cities over 5,000 persons and their unincorporated fringe urban areas as determined by the department, using the latest decennial federal census.
     (b) (i) "Rural road mileage" means all road mileage outside of incorporated cities and towns, exclusive of road mileage on the primary highway system and the national highway system, and those roads that are inside incorporated cities and towns and are functionally classified and approved by the commission as a major collector or a minor arterial, exclusive of road mileage on the primary system and the national highway system.
     (ii) Road mileage that lies within incorporated cities over 5,000 persons and their unincorporated fringe urban areas, whose population is determined by the department, using the latest decennial federal census, is not considered rural road mileage.
     (iii) Rural road mileage reported by the road inventory of the department must be used in determining rural road mileage.
     (c) "Value of rural lands" includes the value of state-owned lands from which the state derives grazing, timber, and agricultural income.
     (i) The basis for the value of rural lands must be computed from the latest available information from the department of revenue.
     (ii) The basis for the value of state-owned lands must be computed from the latest figures on the total grazing, timber, and agricultural lands in each county based on the most recent information available from the department of natural resources and conservation.

     History: En. Sec. 4-310, Ch. 197, L. 1965; amd. Sec. 12, Ch. 391, L. 1973; amd. Sec. 99, Ch. 316, L. 1974; amd. Sec. 3, Ch. 31, L. 1975; R.C.M. 1947, 32-2607; amd. Sec. 2, Ch. 22, L. 1981; amd. Sec. 1, Ch. 25, L. 1989; amd. Sec. 14, Ch. 87, L. 1993; amd. Sec. 2, Ch. 239, L. 1997.