December 22, 1969-E. & K. submitted Echo Lake Study.

December 31, 1969-Park Service Road plan reviewed with D.R.E.D.

January 8, 1970-Commissioner Whitaker, Councilor Smith to Washington, D.C. to discuss I-93-Franconia Notch with Volpe and Turner.

January 8, 1970-Webb and Brunel reviewed Park Service Road with Paul Bofinger, Comstock, Tobey and Thomas.

January 9, 1970-At Loon Mt.--General Meeting to discuss Park Service Road and Echo Lake interchange and road to the west of the Lake. Those attending: Advisory Committee.-Governor Adams, Bofinger, Hennessey, Carter. D.R.E.D.-Tobey Sullivan, Thomas and Carpenter.

Department.-Webb, Langley, Brunel and Roberts. Councilor Smith, Mr. Paul McGoldrick.

January 8, 1970-Briefing memo from F. C. Turner thru J. D. Braman to John A. Volpe.

February 2, 1970-Resolution to Asst. Sec. Braman from Appalachian Mt. Club and Society for the Protection of N. H. Forests.

February 4, 1970-Letter from Crowley to Commissioner confirming alignment at Whitehouse Bridge and the Basin.

March 2, 1970-Received telephone call from Editor of Engineering-News Record that their Washington Office had advised them that I-93 Franconia Notch was indefinitely postponed.

March 2, 1970-4:25 P.M. Telephone call from Volpe's Office (Joe Boscoe) advising that I-93 be discontinued.

March 3, 1970-4:55 P.M. Telephone call from Love advising I-93 discontinued. March 6, 1970-Letter dated March 2, 1970 from Volpe confirming I-93 discontinuance.

March 13, 1970-Letter to Volpe from Commissioner Whitaker to reconsider his decision of March 2, 1970 re: discontinuance of I-93 Franconia Notch.

March 17, 1970-Letter dated 3-17-70 from Comstock, B.P.R. together w/ltr. dated 3-13-70 from R. T. Messer, Washington requesting data on Interstate Corridor Comparisons.

April 28, 1970-Copy of letter from John Volpe to F. C. Turner re: action taken on I-93 Franconia Notch. Also attached letter from E. H. Bartelink dated 3-13-70 to J. D. Braman together with letter dated 3–20-70 from J. D. Braman to Administrator, Federal Highway Administration.

May 7, 1970-Letter was signed by the Secretary 5-5-70 and addressed to Hon George H. Fallon, Washington relative to sections in question on the 1970 Interstate System Cost Estimate. Franconia Notch-New Hampshire included.

June 13, 1970-New Release from the Office of the Secretary re-affirming the Department of Transportation's decision not to build an Interstate Highway through New Hampshire's Franconia Notch.

STATE OF NEW HAMPSHIRE,

Hon. JAMES C. CLEVELAND,

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS,
Concord, N.H., May 12, 1971.

Member, Subcommittee on Investigations and Oversight,
Washington, D.C.

DEAR CONGRESSMAN CLEVELAND: This letter will supplement information which Governor Peterson has forwarded to Congressman Jim Wright, Chairman of your Subcommittee. It is designed basically to provide you with a chronology of events which led up to the fiasco of Interstate 93 in Franconia Notch,

In 1958, the Department, with Federal concurrence, engaged the Clarkeson Engineering Company of Boston to make a study designed to determine the optimum location for Interstate Route 93 between Plymouth, N.H. and Franconia, N.H. The report of this study was delivered to the Department late in that year. It established the Pemigewasset Valley-Franconia Notch location for the highway after careful evaluation of all alternatives. It justified an imaginative utilitarian and environment-oriented plan for handling the route through the Notch itself.

The Clarkeson firm's report was widely circulated and presented to interested groups on a Statewide basis through a long series of informal meetings. It was accepted by the Federal government and the Department. In May of 1959 New Hampshire's General Court placed in the statutes Chapter 90 of the Laws of

1959 which is quoted for convenience as follows: "90:1 Highway Authorized. The commissioner of public works and highways is hereby authorized to lay out, construct and maintain as a part of the interstate and defense highway system a parkway type of public highway through Franconia Notch from the towns of Lincoln and Woodstock to Franconia Village in accordance with the recommendations in respect thereto contained in the report of the Clarkeson Engineering Company, Inc. of Boston, Massachusetts dated December 8, 1958, as funds may be appropriated and programmed for this purpose. 90:02 Takes Effect. This act shall take effect sixty days after its passage."

Following this action of the Legislature, the prosecution of surveys and designs leading to construction in this area remained dormant. In the interim, New Hampshire's Interstate funds were applied to a logical development of Interstate 93 northward from Salem, N.H. and to other sections of Interstate highway which could replace the most deficient sections of the then existing highway system. During the latter months of 1965, preliminary plans were formulated for the location and design of a thirty mile section of Interstate 93 from Campton northerly to Franconia.

In October of 1965 a full scale informal public informational meeting was held in the auditorium of the Lin-Wood High School in Lincoln, N.H. This meeting was attended by several hundred interested citizens. In January of 1966 a similar meeting was held in the Thornton vestry in the Town of Thornton. It. too, was heavily attended by interested citizens. A petition bearing upwards of 500 names of New Hampshire citizens was offered in support. On March 30. 1966, the formal public hearing was held in the Lin-Wood High School at Lincoln. This hearing was attended by from 700 to 800 interested citizens, some 67 or 68 of whom testified for the record. Of this latter number, at least sixty people spoke in favor of the proposal which I have neglected to state was based on the Clarkeson plan as concerns the Franconia Notch area. The hearing itself lasted some six or seven hours and was preceded by a two-hour period during which engineers of the Department gave individual explanations to all interested citizens. The hearing was presided over by a special committee made un of three members of the Govenor's Executive Council. It was chairmaned by the Councilor from that District. the late William Stiles of Groveton, assisted by Councilor James H. Hayes of District No. 5 and Councilor Austin Quinney of District No. 2.

On April 29, 1966, following a detailed route inspection by Governor King and the five Executive Councilors, the special committee's report in favor of the proposed location, was reviewed by the Governor and the Executive Council. The Executive body approved the report of the special committee for the road from its southerly terminus in Campton northerly as far as the Linco1n-Woodstock town line. As a precedent to further approval, the Department was directed to engage a competent consulting geologist to study the Notch area and report the results of this study back to the Executive body.

As a result. in June of 1966. the Department engaged two internationally famous engineering geologists: Dr. Arthur Casagrande of Harvard University, and Dr. Don U. Deere of the University of Illinois.

On June 21. 1966, the Derartment received the approval of the U.S. Bureau of Public Roads of the layout from Campton to the Lincoln-Woodstock town line. and surveys and designs were initiated. In the interim, studies were made of the area by the geologists refererd to above.

On November 30, 1966, the findings of the geologists were presented to the regular meeting of Governor King and the Executive Council. The reports of Doctors Casagrande and Deere gave assurance that there were no geological reasons which would preclude construction of the highway through the Notch. The report also gave assurance that such minor blasting (the valley floor is composed largely of earth and boulders) as might be involved could be conducted without endangering the integrity of the "Old Man."

Upon receipt of this information, at the same meeting. Governor King and the Council approved the remainder of the special committee's recommendations for a layout of the highway through Franconia Notch. Coincidentally, Governor King and the Council appointed a Citizens' Advisory Committee composed of leading New Hampshire conservationists. This committee was chairmaned by Sherman Adams of Linco'n, and supported by Mrs. Jean Hennessey. Chairman of the Governor's Committee on Natural Beauty. Mr. Paul Bofinger of the Society for the Protection of N.H. Forests, Mr. John Carter of the architectural firm of Carter and Woodruff, and Dr. Harry McDade of Littleton. It should be noted

at this point that Governor Adams, Mrs. Hennessey, and Mr. Bofinger were also members of a so-called ad hoc committee which had constituted itself immediately following the public hearing at Lincoln and which had worked with the Department from that time on. The new committee which was appointed on November 30 was charged with the responsibility for acting in an advisory capacity to the Department during the planning phase for the purpose of preserving the scenic beauty and recreational values of the Notch.

During the early months of 1968 a series of conferences was held between the members of the Advisory Committee and the State's Park Division. Among other things, the recommendations of the Park Division's planning consultant for an extensive tunnel under the entire area was considered. During the month of March the services of the U.S. Coast and Geodetic Survey were called upon through the Bureau of Public Roads to provide a continuous seismographic monitoring of the "Old Man's" profile, at an estimated cost of $90.000. When removed two years later the system had provided substantial proof that natural forces acting on the Profile are far greater than those created by man.

On June 6, 1968, the firm of Edwards and Kelcey of Boston was engaged to provide designs and contract plans in the State park area up to a point just below the Notch proper. This same agreement provided for an extremely detailed study of the Notch itself. In the process of executing this latter study, Edwards and Kelcey called upon the services of the internationally known tunnel firm. Parsons, Brinckerhoff. Quade and Douglas, for a tunnel feasibility study and on the firm of Bolt, Beranek and Newman in connection with the environmental effect of highway noise. Edwards and Kelcey also engaged the services of the same Dr. Deere previously referred to, for a geological review of their designs. From June until December. Edwards and Kelcey proceeded with the study of the Notch area in coniunction with representatives of this Department and representatives of the Department of Resources and Economic Development. Each important step in the study was presented to and reviewed by the Advisory Committee. The Committee placed its veto on several of the initial schemes under consideration and provided very substantial input on the development of the consultant's final recommendations. All accepted steps were approved by the Bureau of Public Roads.

On December 5 of 1968, Edwards and Kelcey presented the results of their studies to the Department and to the Department of Resources and Economic Development. Three studies were presented: The Eagle Cliff tunnel route (9000' in length) and favored by DRED, was estimated to cost 88.2 million dollars. The single interchange proposal (north of Echo Lake) and favored by the Advisory Committee, was estimated to cost 28.3 million dollars. This proposal embodied a slide protection structure or so-called cut and cover tunnel, a form of which was originally proposed by the geologists. The third study provided for two interchanges in the Notch and was estimated to cost 26.1 million dollars. This proposal was not favored by the Advisory Committee.

On December 16, 1968, the Edwards and Kelcey people presented their report and recommendations to the Governor and Council in regular session. Follow. ing the presentation, the Executive group adopted the following resolution: "Resolved that: Governor and Council in furtherance of their action at their meeting of November 30. 1966, accent the recommendations made by Edwards and Kelcey, i.e.. the surface route with double interchange, on this date for the treatment of Interstate 93 through the Franconia Notch area. Such acceptance subject to receipt and consideration of the report of the Franconia Notch Advisory Committee provided same is placed before Governor and Council on or before December 20, 1968."

On December 23. 1968, the Governor and Council accepted the report submitted by the Franconia Notch Advisory Committee, noted its contents, and were in agreement with the qualifications. On January 17, 1969, the Bureau of Public Ronds gave its approval to the design concept recommended by Edwards and Kelcey as approved by the Governor and Council and the Franconia Notch Advisory Committee.

The Department at once initiated negotiations with Edwards and Kelcey for the design of the highway through the Notch proper. On June 30 of 1969 the Bureau of Public Roads gave its approval to the agreement developed by this Department and Edwards and Kelcey for the design and provision of contract plans through the Notch area. On August 6, 1969, repreesntatives of Edwards and Kelcey made a formal presentation in the John O. Morton building of its study to representatives of the following groups: White Mountain Region Association,

Forestry and Recreation, A.M.C. Chapter, Councilor Smith, North Alternate Route Committee, N.H. Good Roads Association, N.H. Federation of Garden Clubs, Audubon Society of New Hampshire, Appalachian Mountain Club, National Park Service, Sierra Club, White Mountain "93" Association, U.N.H. Outing Club. Following this presentation, fie'd work and the preparation of plans proceeded forthwith.

On November 7, 1969, the Department received telephone notice from the Bureau of Public Roads of a visit to Franconia by the Department of Transportation's Assistant Secretary for Environmental and Urban Systems, Mr. J. D. Braman. It (the Department) was asked to send a representative to meet with Mr. Braman in Franconia on November 10, 1969. The writer, in company with Governor Sherman Adams, Executive Councilor Stephen Smith, and Planning Engineer Robert Kenevel, participated in an impromptu meeting of conservationists conducted by Mr. Braman in the basement of the Tramway Base Station on that date.

Following this meeting, the Department received indications from the Bureau of Public Roads that further approvals were being withhheld in compliance with informal instructions from Mr. Braman. As a result of this situation, Councilor Stephen Smith and the writer obtained an appointment with Secretary Volpe on January 8, 1970. While this meeting was an entirely cordial one, no really conclusive information or action resulted from it. The first indication of formal action by the Secretary to tie up the ten mile section of Interstate 93 under Section (4f) came on March 2, 1970-not through official channels-but through a telephone call to the writer from the editor of the Engineering News Record who indicated he had just received information to the effect that the Secretary had "demapped" a section of Interstate 93 at the end of construction near the Jack O'Lantern in Woodstock to Franconia. Later, on the same day, this informa tion was confirmed by a telephone call from Secretary Volpe's office. On March & the writer received a letter confirming this under date of March 2.

Following this action by the Secretary, Governor Peterson. Executive Councilor Smith, Governor Peterson's aide, Alexander Taft, and the writer traveled to Washington where they were joined by Senators Cotton, McIntyre, Congressmen Cleveland and Wyman, in a meeting with Secretary Volpe and members of his staff. The Secretary's action in connection with Franconia Notch was very strongly protested.

Following this meeting in the Secretary's office, Secretary Volpe paid a visit to New Hampshire on June 13. 1970, and was flown over the Franconia Notch area in company with Governor Walter Peterson and the writer. After this flight he held a prearranged press conference at the Concord Airport and announced his decision to permit continuance of Interstate 93 to an interchange with Route 3A between Woodstock and Lincoln. with a two-lane transition route to be constructed back to a connection with existing Route 3 about a half mile north of "Clark's Bear Ranch," with any further work on either designs or construction to be indefinitely postponed for the ten mile section of 93 leading through Franconia Notch. The Secretary's decision of that date still stands.

Thus, twelve years of study, planning, and logical step by step procedure, each of which had received the unqualified approval and funding participation of the Federal government, have gone down the drain. Several hundred thousand dollars in studies and plans have been placed on the shelf to gather dust, together with several thousand man-hours of study, planning, coordination and informational effort. All these things added up to a fully approved effort. Fully approved means just that-by the Federal government, by all conservation agencies involved, including those of the Federal government and those conservationists active on the New Hampshire scene, and perhaps most important, by the Advisory Committee which worked with the Department and its consultants and had given its blessing to the whole matter. Should time permit, you may wish to review a copy of Secretary Volpe's letter stopping all work, together with copies of letters from various conservation agencies and other pertinent documents which are attached.

I am most grateful for the opportunity to make this lengthy presentation of this important subject for the consideration of your Committee.

Sincerely,

R. H. WHITAKER, P.E.

Mr. CLEVELAND. I might just say one thing on the chronology; in May of 1959, following many information meetings, the State Legis

lature of New Hampshire by law of 1959 authorized the Commissioner to construct I-93 through the Notch. I was a Member of the New Hampshire State Senate at that time. I well remember the date and the care and study that went into the studies and the debates by the members.

It seems rather ironical to me that after almost 12 years, now as a U.S. Congressman, I have this report to make about this long 12-year tortuous delay. I think it highlights what this committee hearing is all about, and I think it is one reason why I applaud Congressman Wright in his efforts to see what can be done to cut out some of this incredible delay caused by this type of bureaucratic buck passing, red tape, et cetera.

Thank you, Mr. Chairman.

Mr. WRIGHT. Thank you very much, Mr. Cleveland. Our witnesses this afternoon are Mr. W. J. Burmeister, who is President of the American Association of State Highway Officials, and members of a panel representing that organization. Mr. Burmeister, if you would care to come forward, together with the others, I know we would be very happy to hear from you. I see that Mr. David H. Stevens of the State of Maine is with us. Maine prepared the flow chart that appears behind the committee. I see my personal friend, Mr. J. C. Dingwall, State Highway Engineer for the State of Texas. We have on the wall a flow chart from the State of Texas. And, also, of course, our friend, Mr. Alfred E. Johnson, Executive Director of the American Association of State Highway Officials.

Mr. CLEVELAND. If I can interrupt for just a minute, I think the hearing should show that the flow chart from the State of Texas was introduced into the hearing on the Highway Act of 1970 by AASHO, and it made such a lasting impression on me that when you and I were discussing areas that this committee might look into, that this was one of the examples that I cited to you of how the work of this Committee could be so constructive. So, we are grateful to Texas for having drawn up the flow chart last year, and we apologize that due to congressional action, there are a couple of added links on the chain. Mr. WRIGHT. Would it be possible for each of you at this point to be sworn? Do you solemnly swear that the testimony you will give to this subcommittee will be the truth, the whole truth and nothing but the truth, so help you God?

(Messrs. W. J. Burmeister, David H. Stevens, J. C. Dingwall, and Alfred E. Johnson responded in the affirmative.)

TESTIMONY OF W. J. BURMEISTER, PRESIDENT, AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS; ACCOMPANIED BY J. C. DINGWALL STATE HIGHWAY ENGINEER OF TEXAS AND FIRST VICE PRESIDENT OF AASHO; D. H. STEVENS, CHAIRMAN, HIGHWAY COMMISSION OF MAINE, AND PAST PRESIDENT OF AASHO; AND ALFRED E. JOHNSON, EXECUTIVE DIRECTOR, AASHO

Mr. BURMEISTER. Mr. Chairman, a statement has been prepared and submitted to the committee. In the interest of saving time, I will abbreviate that statement at this time and skip certain parts.