60-3-206. Apportionment of state 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 any county may exceed the amount apportioned to that county. The amount of any 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 population less the population in cities over 5,000 persons and their unincorporated fringe urban areas as reported in the latest federal census. Federal census population figures must be adjusted in the interim between censuses in accordance with the percentage of change in annual motor vehicle registration figures for each county.
     (b) "Rural road mileage" means all road mileage outside of incorporated cities, exclusive of road mileage on the primary highway system and the national highway system. 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 biennial report of 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 contained in the latest biennial report of the department of state lands.
     (iii) The average value of privately owned lands is the average value of state-owned lands if the actual value is not available.

     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.