West Virginia Code § 17-3-6a

On or before January 1, of each year the state road commissioner shall ascertain and
determine the total amount of available funds for expenditure in the whole state for the
construction, reconstruction and maintenance of feeder and state local service roads during
such annual period. Of the amount so ascertained the commissioner may set aside as a
reserve fund not to exceed twenty percent thereof, to be used and expendede by him in his
discretion in such manner as will best serve the interests of the state and the convenience of
its inhabitants. r
The remaining eighty percent, or, if such reserve fund is not set uaside, then all the funds
shall be appropriated in the following order and preference:
(1) Maintenance funds. -- To be allocated to the various counties on the basis of the mileage
of various types or road surfaces:
(a) Paved surfaces of all types, such as, brick, cemelnt, concrete, bituminous, etc.
(b) Traffic-bound surfaces, such as, slag, crushed stone, gravel, chert, red dog, shale, etc.
(c) Unimproved earth roads; by applying certain weights or percentages, based on past
experience, to the various types of road surfaces.
(2) Construction and reconstruction. -- To be allocated to the various counties on the basis of
the ratio of the unimproved mileage of feeder and state local service roads in the county to
the total unimproved mileage of feeder and state local service roads in the state.
For the purposes of t his section, the words "unimproved mileage" are defined and shall be
construed to mean roads which are not passable for all-weather travel by motor vehicle.
All moneys received from the federal government for road construction or reconstruction
shaWll be expended as provided, or as may hereafter be provided by act of Congress.

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