Full opinion text
MEMORANDUM OPINION WILL, District Judge. The plaintiff seeks a permanent injunction against the construction of two bridges over the Illinois River at a point between Valley City and Florence, Illinois, known as Napoleon Hollow. The proposed bridges would be part of a four-lane expressway designated FAP 408 (Federal Aid Primary Route), which would extend from Decatur, Illinois, to the Mississippi River, a distance of approximately 145 miles. On June 26, 1980, after a hearing and after finding that substantial questions existed as to the adequacy of the Environmental Impact Statement, the application of section 4(f) of the Department of Transportation Act, 49 U.S.C. § 1653(f) and section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. § 470f, and the propriety of using funds appropriated for the Highway Bridge Replacement and Rehabilitation Program established pursuant to 23 U.S.C. § 144(a), we entered a preliminary injunction against construction of the bridges and against construction of FAP 408 beyond the point it had reached by that date, approximately four miles east of the proposed site for the bridges. By agreement, rather than having the case remanded to the Department of Transportation for further administrative proceedings, the parties then compiled and, with the Court’s permission, supplemented the administrative record. The issues raised in the plaintiffs amended complaint have been briefed on the basis of that record, which now consists of more than 1200 pages plus 29 appendices, some of which are multi-volume and some of which exceed one hundred pages in length. As might be expected, the record is archival in its scope and length and is occasionally esoteric, containing detailed descriptions and evaluations of the biological, environmental, archeological, and historic characteristics and significance of the area and the extent to which they would be affected by construction of the bridges as proposed. Nevertheless, the essential facts can be stated fairly briefly. I. FACTUAL BACKGROUND The Illinois River Valley In the area between Valley City and Florence, the west bank of the Illinois River is bounded by rocky bluffs overburdened with loess soils capable of sustaining trees and vegetation. These bluffs are 100 to 150 feet high, but at several points are broken by wooded ravines of varying sizes and configurations. See A.R.App. 4 at 28; A.R. App. 5, Vol. I at 6-7. In a few locations quarries have been established. A.R.App. 4 at 28. Because of the difficulty which the bluffs present for construction of two bridges and a segment of highway adjacent to the western end of the bridges, choosing a natural or a man-made gap in the bluffs for the location of the bridges (and the highway’s western approach to them) would facilitate construction. See A.R.App. 4 at 17. The Wade Property When this action was filed, the proposed bridge and highway plan contemplated that the highway to and from the west end of the bridges would be built on a portion of the property owned by Sam Wade and his sister Juliet Wade. The Wade property consists of 190 acres of farm land, pasture, and woodland approximately one mile west of the Illinois River. That property was settled by the plaintiff’s ancestors during the 1830’s, and contains a house, two “basement barns,” and several smaller outbuildings. The house is limestone construction, dates from the late 1830’s or early 1840’s, and is significant as one of the earliest settlements in Pike County and as an example of an early nineteenth century stone farmhouse. A.R. at 455; A.R.App. 20 at 8-9. On July 31, 1978, the Wade property was determined by the Keeper of the National Register of Historic Places to be eligible for inclusion in the National Register of Historic Places. See preface to A.R.App. 20. Since such a listing gave the property the protections afforded by section 4(f) of the Department of Transportation Act, 49 U.S.C. § 1653(f), and section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. § 470f as well as the regulations of the Department of Transportation (23 C.F.R. § 771.135), the Illinois Department of Transportation (IDOT) has, since this action was filed, revised the highway plan to avoid construction of any part of the highway on the Wade property. The Pike County Conservation Area and Napoleon Hollow Between the Wade property and the west bank of the Illinois River lies the Pike County Conservation Area (“the PCCA”). The PCCA consists of approximately 862 square acres, is owned by the State of Illinois, and is operated by the Illinois Department of Conservation. The PCCA was not purchased by the Illinois Department of Conservation until 1970, which was after the federal authorities had already approved the proposed corridor on August 18, 1969. The PCCA is also subject to the requirements of section 4(f) and the related statutes and regulations. Both the earlier proposed highway alignment and the current alignment as modified to avoid the Wade property call for construction of the highway through a ravine, known as “Napoleon Hollow,” in the middle of the PCCA, thereby destroying a portion of the PCCA and cutting the remainder into separate and smaller areas. Defendants initially challenged the plaintiff’s standing to bring this lawsuit and we denied that challenge in a memorandum opinion dated January 28, 1982. Since the filing of this action, several “biota” studies of the flora and fauna of Napoleon Hollow and of other locations identified as possible highway crossings of the Illinois River have been undertaken by various authorities, with particular reference to the extent that certain endangered species or threatened species inhabit or use Napoleon Hollow or any of the other locations suggested as alternative bridge and highway sites. Most prominent among the species whose use of Napoleon Hollow (and its environs) has been watched and studied is the American Bald Eagle. As IDOT itself notes, “there is strong evidence of continued, uninterrupted use of the Pike County Conservation Area by bald eagles as a wintering site.” A.R.App. 7 at 1-2. Such evidence consists in part of the observations of recent study groups, the observations of Robert Smith, a tenant farmer occupying part of the PCCA, A.R. at 927, and reports from 50 to 70 years ago of eagles nesting in the area. A.R.App. 19 at 9; A.R.App. 7 at 4-6. The Bald Eagles Bald eagles generally inhabit and migrate through two areas of North America, the Pacific Coast up into Alaska, and the valleys formed by the Mississippi and Illinois Rivers. A.R.App. 19 at 2. During the winter months, Illinois is host to approximately 14% of the North American bald eagle population: More bald eagles winter in Illinois than in any of the other lower 48 states. A.R.App. at 1. A group or a “community” of eagles will return year after year to a particular wintering area as long as a sufficient supply of food and sufficient protection from the elements remain available. A.R.App. 19 at 2-3. These “roosting” sites are used both By-particular communities of eagles as their winter habitation and by other eagles en route to or from other winter roosting sites if severe weather occurs during migration. Id. at 3. There is some evidence that maintenance of the population of bald eagles at its current level requires a chain of roosts along the rivers which serve the eagles as migration routes. Id. at 5. Nocturnal roosts and the features thought to be important for a suitable wintering site are discussed in several places in the administrative record. See A.R. at 930, et seq.; A.R.App. 7 at 4 and 7; A.R.App. 13 at 35-36; see also A.R.App. 19 at App. II. Trees used as nocturnal roosts along the Illinois River are on “east-facing slopes that are protected from the prevailing westerly winds.” A.R. at 928. Roosts are usually large trees, and include oaks, cottonwoods, sycamores, and silver maples. Id. A severe weather nocturnal roost requires greater protection from the wind than does a fair weather nocturnal roost. A.R.App. 7 at 4. Although a roost tree must be sheltered from the wind, it must also have an “open branch system” which faces the “flyway of the ravine.” A.R.App. 13 at 35. In other words, the shelter must be easily accessible from the flyway or common flight pattern. Also important are the physical characteristics of the ravine, particularly its depth, the steepness of its slopes, and its general direction. Given the prevailing westerly winds in the area, a general direction of NE-SW or E-W is preferred. Id. The nature and amount of human activity in the area are also relevant to a ravine’s suitability as a roosting site. A.R. App. 7 at 7. The eagles’ tolerance of nearby human activity is a matter of some debate. Automobile traffic is considered less disturbing to eagles than is the presence of pedestrians, particularly if cars do not slow down or stop so that their occupants can look for eagles. A.R.App. 7 at 9-10; A.R.App. 19 at 12-13. There are instances of known eagle activity near other bridges and highways in Illinois. At the major eagle wintering area at Lock and Dam 19 on the Mississippi River, one feeding site is as close as 400 feet, several feeding, eating and loafing sites are within 1500 feet, and many others are within a mile of the Keokuk Bridge, which carries an estimated average of 6600 vehicles per day. Moreover many of these same eagles use Mink Island as a mild weather night roost. Mink Island is within one-fourth mile of Warsaw Road, which is used by an estimated average of 2300 vehicles per day. The Oak Valley Eagle Refuge, a night roosting area near Lock and Dam 14 on the Mississippi, is within one-eighth to three-eighths of a mile from State Route 84 which has an estimated average of *5500 vehicles per day. A.R.App. 7 at 10. However, the noise which accompanies major construction might be enough to drive away the eagles if construction occurs during the period when the eagles are present. Apparently, a similar disturbance caused eagles to leave another location in 1966 when loggers were cutting trees near the mouth of Eagle Valley in southwestern Wisconsin. Even though the loggers were h mile from the roost and were not visible from the roost itself the eagles would not use the roost because of the constant noise of the chain saws and tractors operating during the day. Within one week after the loggers had begun their work, the number of eagles in the winter use area had dropped to just one or two. Even during the following winter few eagles used the roost or the entire use area as compared to the previous six winters. A.R.App. 19 at 12. The defendants have agreed to limit construction to the period from March 1 to November 15 to avoid most of the period when eagles inhabit the area. See A.R.App. 7 at 8. The various discussions of eagles’ tolerance of human activity suggest that whether the eagles would stay in this area if the bridge and highway are built is likely to depend on how close the traffic would be to the eagles’ remaining roosting, feeding and loafing sites, and upon the visibility of those sites from the highway. With regard at least to the location of roosting sites, such a determination appears to be very difficult to make in advance; as indicated below, the various reports disagree as to how many nocturnal roosts are or are likely to be within Napoleon Hollow. Additionally, these reports disagree as to the locations ■of the sites which they identify as nocturnal roosts, whether those sites are within the path of the highway, and, if not within that path, the distance between the roosts and the highway. Archeological Sites from the Middle Woodland Period On November 7, 1977, archeological sites known as the Napoleon Hollow Village and associated Russell Mound Group were found to be eligible for the National Register of Historic Places. A.R. at 720-18. These archeological sites date from what is known as the “Middle Woodland” period, circa 100 B.C. to 450 A.D. The village site covers 30 acres between the base of the bluffs and the west bank of the Illinois River and extends into the mouth of Napoleon Hollow. A.R. at 492; A.R.App. 16 at 4. The Russell Mound Group overlooks the village site and consists of 26 burial mounds and two possible burial knolls. A.R. at 492; A.R.App. 16 at 4. The proposed highway alignment would destroy much of the village site and many of the burial mounds. See A.R. at 489-88, A.R.App. 16 at 15. The Russell Mound Group first came to the attention of archeologists in 1882 when Judge John G. Henderson of Winchester, Illinois, described one of the mounds (Naples Mound No. 8) and artifacts found in it in the Smithsonian Institution Annual Report for 1882. A.R. at 492. However, the village site and most of the other burial mounds were not discovered until the 1970’s, during surveys of the region by the Northwestern University Archeological Program (the N.U.A.P.). Id. at 489. Although the N.U.A.P. has performed test excavations at the village midden and at some of the burial mounds, id. at 488, very little excavation and data recovery have yet occurred. Dr. Jane Buikstra of the N.U. A.P. estimates that one group of six burial mounds alone (the Elizabeth mounds) contains about 180 human skeletons. A.R.App. 16 at 6. Archeologists hypothesize the existence of a trade network stretching at least from Wyoming (obsidian) through the Great Lakes region (copper) to the Gulf Coast of Florida (marine products) during the Middle Woodland period. Id. at 9. One theory is that certain sites located along major river arteries in the Midwest served as trade centers. Id. Although six Middle Woodland mortuary sites are known to have been located in the lower Illinois River valley, the Russell Mound group and the Napoleon Hollow village site comprise the only one of these possible trade centers known to archeologists that has not yet suffered major destruction at the hands of modern man. Id. The Mormons and This Area The general environs of the PCCA and the Wade property, and in particular one of the burial mounds in the Russell Mound Group, also have some significance in the history and theology of the Church of Jesus Christ of the Latter Day Saints, better known as the Mormon Church. In 1834, the Mormon prophet Joseph Smith led about 150 of his followers from Ohio to Missouri. Phillips’ Perry, where Smith and his group crossed the Illinois River, was located near Valley City. The Mormons continued along a road, now known as “Church Hollow Road,” part of which forms part of the northern boundary of the Wade property. Of the Mormons’ Ohio to Missouri route, known as “the Zion Trail,” the only part which remains in a condition substantially similar to its condition in 1834 is a segment of Church Hollow Road. A.R. at 751-50, ’ 745-42, 738, 668-67. The current proposed alignment for PAP 408 would cut through this portion of Church Hollow Road, and force a “rerouting” or elimination of that part of the road which borders the Wade farm. See A.R.App. 20 at 12-13 and compare maps on pages 5, 7 and 15. Apparently after crossing the Illinois River and before proceeding west along Church Hollow Road, Joseph Smith and some of his followers happened upon one of the burial mounds mentioned above (Naples Mound No. 8, the same mound which later was the subject of Judge Henderson’s study). Smith wrote in his book, History of the Church: Our enemies had threatened that we should not cross the Illinois river, but on Monday the 2nd we were ferried over without any difficulty. The ferryman counted, and declared there were five hundred of us, yet our true number was only about one hundred and fifty. Our company had been increased since our departure from Kirtland by volunteers from different branches of the Church through which we had passed. We encamped on the bank of the river until Tuesday the 3rd. During our travels we visited several of the mounds which had been thrown up by the ancient inhabitants of this country — Nephites, Lamanites, etc., and this morning I went up on a high mound, near the river, accompanied by the brethren. From this mound we could overlook the tops of trees and view the prairie on each side of the river as far as our vision could extend, and the scenery was truly delightful. The Finding of Zelph On the top of the mound were stones which presented the appearance of three altars having been erected one above the other, according to the ancient order: and the remains of bones were strewn over the surface of the ground. The brethren procured a shovel and a hoe, and removing the earth to the depth of about one foot, discovered the skeleton of a man, almost entire, and between his ribs the stone point of a Lamanitish arrow, which evidently produced his death. Elder Burr Riggs retained the arrow. The contemplation of the scenery around us produced peculiar sensations in our bosoms: and subsequently the visions of the past being opened to my understanding by the Spirit of the Almighty, I discovered that the person whose skeleton was before us was a white Lamanite, a large, thick-set man, and a man of God. His name was Zelph. He was a warrior and chieftain under the great prophet Onandagus. * * * Reprinted in A.R. at 367. Smith’s visions and conclusions are the basis for the Mormon belief that the human race began in the middle of North America, and that a great “Jaredite” civilization existed on this continent during the period from 2300 B.C. to about. 400 A.D. but eventually divided into factions which destroyed each other. See A.R. at 371-70. The “Burnt Hill” Archeological Sites On July 5,1979, various other archeological sites known as the Burnt Hill Multiple Resource Area (Burnt Hill or the Burnt Hill MRA) were also determined to be eligible for inclusion in the National Register of Historic Places. A.R. at 839-25. The Burnt Hill MRA covers a band approximately 23 miles long by 1.3 miles wide, between the town of Barry, Illinois, and the bluffs west of the Illinois River. A.R.App. 17 at 2 and 6. Located within that area are 68 prehistoric sites. Some are thought to be small camp sites; others may be ancient villages. Id. at 3. In contrast to the Napoleon Hollow village site and the Russell Mound Group, which are thought to date from the Middle Woodland period (100 B.C. to 450 A.D.), the Burnt Hill sites are thought to represent the gamut of prehistoric North American time periods, with the greatest number of sites being from the “Late Archaic” period, 2500 to 1000 B.C. Id. at 4. The original alignment would have taken approximately 1.3 square miles from the Burnt Hill MRA and would have destroyed or endangered 47 of its prehistoric sites. Id. at 6 and 14. The current alignment, which by-passes the Wade farm (and which is labelled as “Alternate 3” in Appendix 17) apparently would still take 15 of the Burnt Hill sites. The Napoleon Hollow village and associated Russell Mound Group, and the Burnt Hill MRA, by their eligibility for inclusion in the National Register of Historic Places are subject to the same statutory and regulatory protections to which we referred previously in connection with the Wade property and the PCCA. IDOT proposes to mitigate in part the harm to these archeological sites through “preservation or conservation where prudent and feasible” and, alternatively, through data recovery. A.R.App. 17 at 14; see A.R.App. 16 at 14. With regard at least to the Burnt Hill MPA, however, IDOT conceded, though before modification of the alignment to avoid the Wade farm, that “[t]he complete excavation of all known significant cultural resources .. . which will be adversely impacted may be impossible due to the constraints imposed by limits of time and available funding.” A.R.App. 17 at 14; see also A.R.App. 16 at 25. Apparently, even after modification, this will still be true. The Bridges The highway alignment calls for two separate bridges, one to carry westbound traffic and the other to carry eastbound traffic. Each bridge will have roadways forty feet wide, accommodating two twelve foot lanes with a ten foot shoulder on the right and a six foot shoulder on the left. A.R.App. 16 at 1-2. As originally planned, the separate spans were to be approximately parallel and from 600 to 700 feet apart. As IDOT stated in a so-called “mitigation report” prepared in December of 1978, on the west side of the river, “[t]he split alignment .. . locates the freeway along the gently sloping gradient of Napoleon Hollow, holding unsightly rock cuts to a minimum. A rest stop located on the north side of the freeway has been incorporated into the conservation area with an overlook which will provide users with a scenic view of the Illinois River.” A.R.App. 16 at 1. The construction plan was later modified to narrow the median strip between the eastbound and westbound segments of the highway which are to be built in Napoleon Hollow, such that the proposed right-of-way width will be approximately three hundred feet. See A.R.App. 17 at 1. The modified plan also eliminated the rest area which would have been constructed within Napoleon Hollow and the PCCA. Id IDOT has stated that it “anticipate^] that the bridges will be erected by segments” in such a way as to reduce the areas on the river bank needed for actual construction of bridge materials and thus reducing the harm to areas near the shoreline. A.R.App. 16 at 2. IDOT proposes to buy land immediately south of the PCCA and “annex” that property to the PCCA as an acre for acre replacement of the portion of Napoleon Hollow that would be taken by the proposed alignment for FAP 408. A.R.App. 4 at 79-80. As indicated, the defendants have also agreed to limit construction to the period from March 1 to November 15 in order to avoid most of the period when eagles inhabit the area. See A.R.App. 7 at 8. As further mitigation of the harm to the PCCA, IDOT has stated that the segment of the freeway which would cut through and divide Napoleon Hollow will contain “structures [evidently tunnels] ... large enough for game and man to pass through.” Id. at 80. U.S. 36-54 and Its Bridge at Florence, Illinois Approximately 4 and h miles south of Napoleon Hollow, U.S. 36-54, designated FAP 757, crosses the Illinois River just north of Florence, Illinois. FAP 757 is a two-lane open access highway, and roughly parallels the proposed alignment for FAP 408. According to IDOT, U.S. 36-54 is inadequate for its present volume of traffic and has a high accident rate. A.R.App. 20 at 1; A.R.App. 4 at 63. The volume of traffic in this area is expected to increase over time. A.R.App. 20 at 1. The prevailing view of state and federal officials is that construction of a limited access freeway in this area of Illinois will enhance its economic development, in particular that of Quincy, Illinois, a city of approximately 45,000 people. A.R. at 1058. See A.R.App. 17 at 1 and 17. FAP 408 would also serve as a link in the freeway network between Indianapolis and Kansas City. IDOT noted in 1978 that the bridge at Florence was unsafe and in need of immediate rehabilitation. A.R.App.16 at 3. That bridge was built in 1930 and must be raised in order for some river boats to pass beneath it. Plaintiffs Exhibit 14 at 1-2 and 1-35. In 1980, the state rehabilitated the Florence bridge, thereby adding approximately 20 years to its useful life. See Plaintiff’s Exhibits 15 and 17. The record appears not to indicate the cost of this rehabilitation, but that cost was estimated to be “a large sum of money (probably a few million dollars or more).” Plaintiff’s Exhibit 14 at 1-35; see generally Plaintiff’s Exhibit 15 and 31. No federal funds were spent on this bridge rehabilitation project.. Defendants-Intervenors’ Brief at 36 n. 15. Assuming that FAP 408 is built along the alignment proposed for it, with two bridges over the Illinois River at Napoleon Hollow, the state has no plans to abandon, demolish, or close the Florence bridge. The bridges planned for Napoleon Hollow would not join and carry over the Illinois River the existing FAP 757 (U.S. 36-54). On the contrary, U.S- 36-54 would continue to carry traffic, though it is anticipated that the volume of its traffic might decrease substantially. See A.R.App. 2 at 32; A.R. App. 5, Vol. I at 62; Defendants-Intervenors’ Brief at 36. Alternatives to the Existing Proposed Alignment for FAP. 408 During the 1960’s, the state held public hearings and commissioned or conducted various feasibility studies and location studies regarding construction of a limited access four-lane freeway in west central Illinois. Three possible general routes were identified: Route A — from Decatur to Springfield to Jacksonville to the Mississippi River along U.S. 36-54; Route B — along Route A, above, as far as Jacksonville (about 20 miles east of the Illinois River) but then following Illinois Highway 104 (approximately parallel to and 15 miles north of U.S. 36-54) to the Mississippi River; Route C — from Springfield to Quincy along Illinois Highway 125 and U.S. 24 (generally 10 to 15 miles north of Route B). According to IDOT, the decision that Route A was the preferred alignment for FAP 408 was based upon population demand, construction costs, reduction of traffic on existing major roads, cost benefit ratio, and service to a greater number of work, shopping, and business trips. Defendants-Intervenors’ Brief at 4; see A.R.App. 2 at 28-35. In a letter dated August 18, 1969, the federal government (via a Division Engineer in the Bureau of Public Roads, the predecessor of the Federal Highway Administration) concurred in the selection of Route A to the extent of determining that “additional corridor hearings will not be required” but indicating that it remained “understood that design studies and hearings must be held in order to determine the final design of the supplemental freeways.” A.R. at 10; see A.R.App. 4 at 1. Thus, federal and state authorities initially committed themselves to a freeway route which would track existing U.S. 36-54 at least to the extent of being in the general vicinity of U.S. 36-54. While the Location Study addressed possible alignments within Route A with some specificity, see A.R.App. 2 at 9 and at 39, and recommended that the highway be constructed North of U.S. 36-54 and cross the Illinois River between Valley City and Florence, see A.R.App. 2, Map 18, the need for further study of specific alignments was implicit in the Location Study and is explicit in the tentative federal approval of Route A given on August 18, 1969. The state then began a Design Location Study (A.R.App. 5, Vols. I, II and III) limited to the Jacksonville to Barry, Illinois, segment — which requires a crossing of the Illinois River — of the proposed freeway, and, in conjunction with that study, prepared a combined Environmental Impact Statement/4(f) Determination (the EIS/4(f) Statement) (A.R.App.4). These studies considered various alternatives to the alignment which would cross the Illinois River at Napoleon Hollow. The alternatives considered were the following: (1) developing existing two-lane U.S. 36-54 into either a limited access four-lane freeway or a full access four-lane freeway; (2) keeping the current proposed alignment except in the area immediately to each side of the Illinois River, and crossing the Illinois River at (a) Florence, at or near the site of the existing U.S. 36-54 bridge; (b) the Blue Creek Basin; (c) the Flint Creek Basin, just South of Valley City (where the Norfolk and Western Railroad crosses the river); (d) a ravine about 0.4 miles North of Napoleon Hollow but still within the PCCA: (3) not building the freeway at all. Not to build the freeway was deemed imprudent given the volume of traffic and the high accident rate on U.S. 36-54, and given the perception that the lack of a four-lane freeway in west central Illinois was economically disadvantageous. See A.R.App. 4 at 61-62, 65. The conversion of U.S. 36-54 into a four-lane freeway was also rejected as imprudent. According to both the EIS/4(f) Statement and the Design Location Study, this alternative would require extensive severance of valuable farm property, would require relocation of homes and commercial buildings, and would leave much of the existing U.S. 36-54 as frontage abutting other residences and commercial buildings which did not have to be relocated. A.R.App. 4 at 15 and 61; A.R.App. 5, Vol. I at 6-7. Expansion of the existing U.S. 36-54 would also necessarily present at least some of the same problems presented by the alternative of crossing the Illinois River at Florence. Two reasons were given for rejecting a crossing of the Illinois River at Florence. First, the incorporation of the existing “lift” bridge (of U.S. 36-54) into a freeway (which requires bridges high enough to allow river boats to pass under them without interruption to highway traffic) was deemed not feasible. Second, the amount of rock cuts (in the bluffs) required for a crossing at Florence was deemed imprudent compared to the amount of rock cuts required by a crossing at Napoleon Hollow. A.R.App. 5, Vol. I at 9. The magnitude of rock cuts at Blue Creek Basin was a factor in the determination that a crossing at that location was also imprudent. A.R.App. 4 at 23. Additionally, the Blue Creek Basin alignment would have required either “destruction or alteration” of the dam built at the western end of the Blue Creek Valley to form Lake Pitts-field. Id. The EIS/4(f) Statement noted that “the Flint Creek Valley is wide and somewhat long,” but rejected that valley as imprudent for the location of the FAP 408 bridge: Unfortunately, the southern edge of the valley is utilized for the existing alignment of the Norfolk and Western Railroad which was realigned for a new crossing of the Illinois River in 1958. Any crossing of the Illinois River through Flint Creek Valley would necessitate a costly relocation of the Norfolk and Western Railroad amounting to over one half mile in addition to introducing extra curvature for the railroad. It would also result in additional damage to the ecology of the area, by introducing extra fill for the freeway and the railroad. An additional amount of adverse travel to the motoring public would also result from such a crossing. This additional distance is almost one mile longer than a crossing through Napoleon Hollow. A.R.App. 4 at 23. Finally, the EIS/4(f) Statement rejected, apparently as not feasible, a crossing through one of the ravines north of Napoleon Hollow but still within the PCCA: South of Flint Creek there are two very short abrupt draws penetrating the bluff in addition to the confines of the valley of Napoleon Hollow. The scale of the valley of Napoleon Hollow with its gentle gradient and width is compatible to the geometries of this proposed facility while an alignment through either one of the short draws would penetrate an extremely small opening much shorter and narrower than required for a freeway facility of this type. Any other location through the bluffs would be unfeasible for reasons of cost and environmental damage. A.R.App. 4 at 23. Thus, the state concluded that no “feasible and prudent alternative” existed to the use of Napoleon Hollow for a freeway bridge or bridges over the Illinois River. On May 15, 1972, the U.S. Department of the Interior concurred in this conclusion, as it appeared in the Draft EIS/4(f) Statement. A.R.App. 4 at 125. On September 18, 1972, the Chief of the Regional FHWA approved the Final EIS/4(f) Statement, embodying the same conclusion, A.R. at 107-05, and on October 25, 1972, the Acting Federal Highway Administrator sent the EIS/4(f) Statement to the Secretary of the U.S. Department of Transportation for approval. A.R. at 110-08. Eventually, after considerable internal departmental questioning as to its adequacy, on April 30,1974, the Secretary approved the EIS/4(f) Statement. A.R. at 134, 126-23. Rock Cuts and Costs As indicated, the principal reason given for rejection of alternative locations (Florence, Valley City/Flint Creek, and Blue Creek Basin) as imprudent was the magnitude of the rock cuts compared to the rock cuts which would be required for a crossing at Napoleon Hollow, and the additional costs associated with the comparatively greater amounts of rock cuts. Also mentioned were the additional costs which would be incurred in moving the railroad tracks (Valley City) or in displacing a comparatively greater number of homes and businesses along U.S. 36-54 than would be displaced by constructing two bridges at Napoleon Hollow. A particularly distressing inadequacy of this record, despite all its volumes, is the lack of any meaningful, objective, and quantified comparison of either the amounts of the rock cuts or the financial costs of placing the FAP 408 bridges at the various proposed locations. Some rock cutting will apparently be required at whatever valley or hollow is chosen as the location for the bridges and their western approach. The record indicates that the original alignment through Napoleon Hollow and the Wade farm would have required the cutting of an estimated 80,000 cubic yards of rock. A.R.App. 20 at 12. The current alignment (developed in 1982) cuts a more narrow swath through Napoleon Hollow, eliminates the rest area originally included in the design, and avoids the Wade farm by going north of it, but requires double the estimated amount of rock cuts, 160,000 cubic yards. Id. Interestingly, the current detour around the Wade farm was chosen over another possible alternate — bisecting the Wade farm and taking 9.06 acres but sparing the buildings— which would have required cutting only 79,-000 cubic yards of rock, 1000 cubic yards fewer than the amount required by the original alignment. Id. at 17. The record contains several references to “the magnitude of the rock cuts” which would be required for a crossing at Flint Creek/Valley City, Blue Creek Basin, or Florence, but none of those references estimates numerical amounts or costs. See, e.g., A.R.App. 2 at 39; A.R.App. 4 at 61; A.R.App. 5, Vol. I at 8-9. The contexts of these references imply that the “magnitude” of the rock cuts at these locations is greater than the presumably lesser amount of rock cuts at Napoleon Hollow. These references were made at times before modification of the Napoleon Hollow alignment so as to avoid the Wade farm, a modification which doubled the amount of rock cutting required for the crossing at Napoleon Hollow. In any event, there would appear necessarily to be differences between the amounts of rock cutting required at the various alternative sites. How substantial those differences currently are, however, the record fails to disclose. The record is similarly deficient in any meaningful comparison of the costs of crossing the Illinois River at the various breaks in the bluffs in this region. A study completed in 1966 estimated the cost of a Jacksonville-to-Kinderhook segment of FAP 408 along the Napoleon Hollow alignment at $50,163,000.00. A.R.App. .2 at 46 (Table 18). An alternate segment having the same termini but tracking U.S. 36-54 and crossing the Illinois River at Florence was estimated as costing $53,105,000.00, id., somewhat less than 7% greater than the cost of the Napoleon Hollow alignment. The same table listed “annual costs” for the two alignments as $2,474,300.00 for the Napoleon Hollow route and $2,602,000.00 for the Florence route, thus estimating Florence as about 5% more expensive than Napoleon Hollow. Inflation having been persistent for the past 17 years, these figures have long since lost any reliability. Surprisingly, they are the only such figures which the record contains. Consistent with the above, data as to the numbers and kinds of buildings which would be taken by the various alignments which were considered exist in the 1966 study (A.R.App. 2 at 9, Figure 1) and in the Design Location Study completed in 1971 (A.R.App. 5, Vol. I at 107,110 and 116), but have not been revised. The record does not reveal any meaningful comparison of the costs of the compensation required for the property which might be taken by the various alternate alignments. Nor does the record contain any estimate of the cost of moving the Flint Creek railroad tracks so that both the freeway and the railroad tracks would fit in the Flint Creek Basin or what it would cost to bridge, overpass or underpass the railroad tracks. The 1972 Design Location Study (App.5) contains some comparison of the rock cuts and costs of constructing bridges over the Illinois River at Napoleon Hollow and at the ravine 0.4 mile north of Napoleon Hollow. According to this study, a highway through this smaller ravine would require up to 600 feet wide cuts in loessial soils and rock averaging 30 to 60 feet in depth. The amount of disturbance caused by this gouging of the terrain is a negative environmental factor to the area involved and would involve extensive procedures to control erosion during and after construction. A.R.App. 5, Vol. I at 72. The Design Location Study does not estimate the width or depth of soil and rock cuts required by the Napoleon Hollow alignment or quantify, in cubic measurements, the excavations required by these two alignments. That study merely states that more rock cuts and soil excavation would be required at the smaller ravine than at Napoleon Hollow. Id. The Design Location Study also notes that bridges at Napoleon Hollow would not have to be quite as long as bridges at the ravine 0.4 mile north of Napoleon Hollow. Id. at 139. This study estimated the cost of two Napoleon Hollow bridges at $16,291,720 and the cost of bridges at the smaller ravine at $17,967,000, a difference of $1,685,880. It is not entirely clear from the report whether this difference is due solely to the increased length of bridges at the ravine north of Napoleon Hollow, or is also based upon the expectation that a greater amount of rock cuts would be required for construction at the smaller ravine. Nor is it clear how the later elimination of the rest area from the proposal for FAP 408 would, if at all, affect the comparative amounts of rock cuts and costs at these two alignments. The Design Location Study also estimates that the total cost of the Napoleon Hollow alignment is less than the total cost of an alignment through the smaller ravine north of Napoleon Hollow. However, the report gives conflicting statements as to that amount. See A.R.App. 5, Vol. I at 140 (a difference of $1,923,000) and at 152 (a difference of $832,000). The Design Location Study does not discuss the difficulties or costs of construction at Florence, Valley City, or the Blue Creek Basin, except to the extent of noting that crossings at Florence and at Blue Creek had been rejected as “not feasible,” the former “because the existing lift bridge could not be utilized and because of the tremendous amount of rock cuts,” the latter “because of the magnitude of bed rock overburden.” Id. at 9. The Design Location Study was limited to a “corridor width of approximately one mile,” id. at 10, stretching from Jacksonville to Barry. Although this study discusses the difficulties and costs of several “alternates,” it discusses only one “alternate” crossing of the Illinois River (the ravine 0.4 mile north of Napoleon Hollow). Other “alternates” relate to various segments of the Jacksonville to Barry route, and do not affect directly the choice of where to construct bridges over the Illinois River. The “Biota” Studies After the filing of this action, the parties and the Court agreed to supplement the administrative record with various “biota” studies, some of which were prepared by the defendants’ experts or under their auspices, and others of which were prepared by the plaintiff’s experts. Many had been written before the filing of this lawsuit. We also appointed, with the parties’ permission, as our own independent expert, Dr. Thomas Dunstan of Western Illinois University, to study the use by bald eagles of Napoleon Hollow and the alternative crossings at Florence and Valley City. We directed Dr. Dunstan to report to us his findings and conclusions, as well as his opinion as to the probable effect of the proposed highway upon the eagles’ use of these areas. See A.R.App. 13 at 1. The Dunstan Report Dr. Dunstan’s study (the Dunstan report) identifies four “major types of [eagles’] activities” that are generally observable, and attempts to locate which parts of the study area are significantly used for which activities. Additionally, the report notes the existence of “flight corridors” linking these areas. Id. at 11-12. The four identified types of activity are (1) “foraging” for food, (2) eating, obviously closely associated with “foraging” but often occurring after transporting a captured fish or animal to another location, (3) resting or loafing, and (4) “night roosting.” See A.R.App. 13 at 9. Dr. Dunstan concluded that for foraging and resting, the eagles “used the region from Napoleon Hollow downstream past the southern tip of Big Blue Island . .. more often than other portions of the study area.” Id. at 22. Dr. Dunstan found that use of the Valley City area for foraging and resting was substantial, but that use of the area near the Florence bridge was insignificant. Id.; see generally, id. at 12-21. Dr. Dunstan was able to discover only one location, within the study area, which is definitely identifiable as a night roost. Id. at 27. That location is not within the direct path of the FAP 408 revised alignment. Id. at 27 and 52. Given the difficulty of locating a night roost even in areas where eagles can be observed during the day, however, the pinpointing of one roost cannot be taken as establishing the absence of other possible roosts in the same area. The Dunstan report also describes what are thought to be the features of a good roosting habitat. Id. at 35-36. The report evaluates the various ravines in the study area in terms of the extent to which they have those features. Interestingly, the Dunstan report states that Napoleon Hollow, [Ravine] # 5, is too broad and shallow and does not have good physical shape. The number of potential use trees is low and an occupied farmstead near the mouth of the hollow is a human disturbance problem. Id. at 39. Of twenty-one identified ravines, Dr. Dunstan ranks nine ravines ahead of Napoleon Hollow in terms of desirability as an eagle roosting area. Id. at 40. The Dunstan report also notes the characteristics of “diurnal resting areas” and of the particular trees most likely to be used for daytime resting. Id. at 41^42. The report determines that “the bluff area just downstream of Napoleon Hollow to the end of the bluff line at Big Blue Creek provides almost all the diurnal resting sites and potential sites of the area.” Id. at 42. The report concludes that the Napoleon Hollow alignment would eliminate three “potential diurnal resting trees” and also might (at least during the construction period) affect the use of a fourth. Id. at 52. The report concludes that construction of the bridge and highway at Valley City would have little if any effect upon the eagles, id. at 48 and 51, and that the Florence alignment would have no adverse impact on the eagles. Id. at 55. Dr. Dunstan’s conclusion as to the effect upon the eagles of bridges and a freeway at and through Napoleon Hollow is less definite. He concludes that construction of the revised alignment would not “directly” affect “known night roosts,” but that two “associated hollows” which he identifies as having the attributes of desirable roosting locations might be adversely affected by the alignment. Id. at 52. Dr. Dunstan also concludes that the proposed route would take three “potential diurnal resting trees,” and would affect the eagles’ use of “the flight corridor down Napoleon Hollow towards the river, in effect, forcing the eagles to fly between two spans of traffic or abandon the flight route.” Id. at 52-53. Dr. Dunstan does not state that in his opinion the eagles would leave the area if the FAP 408 bridges and freeway are built as proposed. The effect of this alignment upon the eagles, according to Dr. Dunstan, remains unpredictable: The construction of twin bridges and roadways would definitely change the overall “wildness” aspect for the area. This could cause an adverse impact on some unknown portion of the eagle population, but the magnitude of the impact is difficult to assess. Knowledge about this aspect of eagle ecology is not well documented. It is doubtful that there would be no impact on wildness, and it is more likely that the impact would be negative. A.R.App. 13 at 54. The INHS Report Pursuant to the Endangered Species Act, 16 U.S.C. §§ 1531, et seq., IDOT commissioned the Illinois Natural History Survey (the INHS) to conduct a biological inventory for the purpose of identifying federally listed threatened and endangered species likely to be affected by the construction of FAP 408. See A.R.App. 8 at 1; note 3, supra. The INHS completed its draft report (Appendix 8 to the Administrative Record) in October of 1980, and completed its final report (Appendix 9 to the Administrative Record) in December of 1980. The area studied by the INHS includes Napoleon Hollow and is bounded on the north by the Norfolk and Western railroad tracks which pass through the Flint Creek Basin, but does not include the land which would be taken by the Florence alignment. A.R.App. 8 at 2. The INHS did not consider the presence of the bald eagle in the study area because another IDOT report was to focus exclusively on the bald eagle. A.R.App. 8 at 7; A.R.App. 9 at 6. The INHS report concluded that [n]o plants on the federal list of endangered species are known or likely to occur in the project area. Seven species of animals on the federal list of endangered species could possibly occur in the project area.... Of the[se] seven .. . the two freshwater mussels (Higgens eye pearly mussel and pink mucket pearly mussel) would occur only in the Illinois River. A.R.App. 9 at 6. The INHS report also concluded that the whooping crane “is not likely to occur in the project area except, perhaps, as an extremely rare stray.” Id. at 7. The INHS determined that the peregrine falcon might use the study area during migration, but is not likely to nest within or near the area. Id. at 8; A.R.App. 8 at 9-10. The INHS report concluded that there have been no records of Indiana bats in Pike County, A.R.App. 9 at 11, but that although the gray bat can be found in Pike County, the only caves in the study area suitable for hibernation by gray bats are in the Blue Creek Canyon. Id. at 9. The INHS report also assessed the presence in the study area of plant and animal species on the Illinois list of endangered and threatened species. See generally A.R.App. 9 at 12-67. The INHS recommended further study of the area with particular reference to its use by the Illinois chorus frog. The INHS also recommended study of the vicinity of the Florence alignment. The WIU Report Another report (Appendix 12) was prepared for IDOT in November of 1981 by the Department of Biological Sciences and the Institute for Environmental Management of Western Illinois University. The WIU report studied “an area approximately four miles either side of the Illinois River from one-half mile below the U.S. 36 bridge at Florence to one-half mile above the railroad bridge at Valley City.” A.R.App. 12 at 1-1. The WIU report evaluated the Valley City, Napoleon Hollow, and Florence alignments in terms of the vegetation, mammals, birds, reptiles and amphibians, and aquatic invertebrates which would be affected by highway construction. The overall conclusion of the WIU report is that, in terms of environmental consequences, Napoleon Hollow is the least desirable location for a highway, although differences among the corridors are “slight” and “an impartial observer could conclude differently.” Id. at C-3. IDOT’s Bald Eagle Report The IDOT report which focuses upon the bald eagle and its use of Napoleon Hollow is Appendix 7, written some time after March of 1980. As indicated, the report notes the existence of “strong evidence of continued, uninterrupted use of the Pike County Conservation Area by bald eagles as a wintering site,” A.R.App. 7 at 1-2, and deseribes past records and investigations of the eagles’ use of the area. Id. at 4-6. The report also discusses the qualities of nocturnal roosts, both fair weather and severe weather ones, id. at 4, and the degree of eagles’ tolerance of human activity near their roosts. Id. at 10. The report concludes that “[t]he most heavily used feeding area in the vicinity of the Pike County Conservation Area appears to be around the north end of Blue Creek Island, approximately 1.5 miles south of the bridge site.” The report notes evidence that both Napoleon Hollow and the ravine immediately to the south of Napoleon Hollow contain severe weather roosts. Id. at 4-5. However, the report appears to adopt the opinion of Carl Becker, Illinois’ Endangered Species Program Coordinator, that in view of the features which are desirable for a suitable severe weather roost, five other nearby ravines are superior to Napoleon Hollow (and three others are equal to it) for severe weather night roosting. Id. at 7; compare A.R.App. 7 at 3-4 with A.R. at 929-928. In this regard, Becker’s opinion is similar to Dunstan’s." Becker and IDOT base their determination “in part on the presence of a livestock farm and farmstead and a county road within Napoleon Hollow. Furthermore, Napoleon Hollow is a relatively open valley that does not afford as-much protection from the elements as several other nearby ravines.” Id. The IDOT report concludes that it is clear that the PCCA is indeed a bald eagle wintering area, but recommends further study of the importance of the area to the eagles, stating that “the precise impacts of the proposed projects on the eagles using this area cannot be determined until such studies are completed.” Id. at 12. Despite this urging of further study, however, the report continues that it is also clear that there are adequate data on which to base a conclusion that the availability of suitable alternative habitat within the Conservation Area and nearby for feeding, diurnal loafing, fair and severe weather nocturnal roosting indicate [sic] a reasonable probability that the proposed project will not have a significant harmful effect on eagles wintering in the vicinity of the Conservation Area. It is even more clear that the proposed project would not appreciably decrease the likelihood of the survival and recovery of the American bald eagle or any distinct segment of its population. Id. The Gibson/Sandburg Report “An Impact Analysis [of FAP 408] on Avian Species” was prepared by Pam F. Gibson and Richard S. Sandburg, and was included in the administrative record as Appendices 24(A) and (B). Gibson and Sandburg criticize the other reports for, among other things, failing to discuss the more subtle ways in which the bridge may change the eagles’ environment. According to Gibson and Sandburg, Napoleon Hollow currently has a “strong spiralling updraft” which “is used repeatedly by wintering Bald Eagles.” A.R.App. 24(A) at BD-3. Gibson and Sandburg imply that this updraft enhances the suitability of Napoleon Hollow as a roosting site. They state that such an updraft is not present at Valley City or Florence, and note that the effect upon the Napoleon Hollow updraft of construction of a bridge is uncertain. Id. Gibson and Sandburg also suggest that the bridge will be a hazard for the eagles because some eagles may collide with it, a possibility which apparently is enhanced by the frequency of comparatively dense fog and mist in Napoleon Hollow (vis-a-vis Florence and Valley City). Id. at BD-1 through BD-4, and at NSI-19 through NSI-21. Gibson and Sandburg also fault the other studies for failure to discuss the possible effect of construction upon food sources of various species and possible collateral effects for other species further along in the food chain. Id. at NSI-20 and 21, and at BE-15. The Ingram Report Another report, written by Terrence N. Ingram, Executive Director of the Eagle Valley Environmentalist, Inc., was also admitted to the administrative record. Ingram based his report upon his observations at Napoleon Hollow on six days in January and February of 1982, and upon his research, conducted over the past 20 years, into the habits of bald eagles. See A.R. App. 19 at i-iii; id. at 19. The Ingram report discusses the importance of maintaining a chain of “wintering” sites along migration paths, the difficulty in identifying nighttime roosts, and eagles’ intolerance of nearby activity; we have drawn upon his report as well as the other reports in our discussions of these topics. Ingram also notes the existence of reports from 50 to 70 years ago of eagles nesting near the Big Blue watershed (south of Napoleon Hollow), and suggests that if the population of eagles continues to expand (as it has, though slightly, over the past few years) eagles might return to the Big Blue watershed area. A.R.App. 19 at 9. As do Gibson and Sandburg, Ingram concludes that Dunstan understates the degree to which the eagles use Napoleon Hollow. Id. at 22-24. In contrast to Dunstan’s conclusion that Napoleon Hollow contains one severe weather nocturnal roost, Ingram concludes that Napoleon Hollow probably contains two such roosts and possibly a fair weather nocturnal roost as well. Id. Ingram concludes that construction of a highway through Napoleon Hollow “will destroy the only real severe weather roost in the area.” Id. at 27. He advocates keeping the highway at least h mile away from Napoleon Hollow, and recommends its rerouting to the north, because of the possibility that the Big Blue watershed might be a suitable wintering site if the eagle population expands. Funding The U.S. Department of Transportation and the FHWA have allocated funds for construction of the FAP 408 bridges at Napoleon Hollow from the Highway Bridge Replacement and Rehabilitation Program, 23 U.S.C. § 144 and accompanying regulations, on the theory that these bridges would “replace” the Florence bridge which carries U.S. 36-54 over the Illinois River. See A.R. at 30021. The attorney for the federal defendants has informed us that these funds remain available and earmarked for the proposed Napoleon Hollow bridges. See Transcript of Proceedings on February 24, 1983. II. THE AMENDED COMPLAINT The plaintiff’s amended complaint now contains seven counts on which she seeks declaratory and injunctive relief. In Counts I and II, the plaintiff alleges that funding the FAP 408 bridges under the Bridge Replacement and Rehabilitation Program violates 23 U.S.C. § 144 and the regulations thereunder because the FAP 408 bridges will not be a replacement for any existing bridge. The amended complaint further alleges (Count III) that the failure of the EIS/4(f) Statement to consider all the alternative routes or the presence of endangered and threatened species of wildlife in the area chosen for the proposed bridges and highway renders that Statement deficient under the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., and its regulations (Count III), the Federal-Aid Highway Act, 23 U.S.C. §§ 101, et seq. and its regulations (Count IV), and the Department of Transportation Act, 49 U.S.C. §§ 1651, et seq., and its regulations (Count VII). Count VI alleges that the defendants failed to make an adequate 4(f) statement as required by section 138 of the Federal-Aid Highway Act, 23 U.S.C. § 138. The plaintiff also alleges that approval of the bridges and the highway route violates the Department of Transportation Act (Count IV) and the Federal-Aid Highway Act (Count V), which prohibit approval of highway projects which require the use of publicly owned land from a public park, recreation area, or wildlife or waterfowl refuge, or from any historic site if there is a feasible and prudent alternative to the taking of the protected property. 49 U.S.C. § 1651(b)(2) and 23 U.S.C. § 138. III. THE FUNDING ISSUE As indicated, the plaintiff first challenges the funding of the FAP 408 bridges out of funds available from the Highway Bridge Replacement and Rehabilitation Program (the Bridge Program) if the bridges are to be constructed at Napoleon Hollow. The purpose of that program is stated explicitly in the statute: Congress hereby finds and declares it to be in the vital interest of the Nation that a highway bridge replacement and rehabilitation program be established to enable the several States to replace or rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the States and the Secretary finds that a bridge is significantly important and is unsafe because of structural deficiencies, physical deterioration, or functional obsolescence. 23 U.S.C. § 144(a). Section 144 directs the Secretary to consult with the States regarding the inventory and classification of bridges, and in assigning priorities for “replacement or rehabilitation.” Id. at (b) and (c). “Replacement” of a bridge is to involve a “comparable facility,” id., and the Secretary is to give “consideration to those projects which will remove from service those highway bridges most in danger of failure.” Id. at (d). The regulations which govern administration of the Bridge Program are found at 23 C.F.R. §§ 650.401, et seq. Those regulations define “eligible projects,” for which funds from the Bridge Program may be used, as: (a) General. Deficient highway bridges on all public roads may be eligible for replacement or rehabilitation. (b) Types of projects which are eligible. The following types of work are eligible for participation in the Highway Bridge Replacement and Rehabilitation Program (HBRRP), hereinafter known as the bridge program. (1) Replacement. Total replacement of a structurally deficient or functionally obsolete bridge with a new facility constructed in the same general traffic corridor. A nominal amount of approach work, sufficient to connect the new facility to the existing roadway or to return the gradeline to an attainable touchdown point in accordance with good design practice is also eligible. The replacement structure must meet the current geometric, construction and structural standards required for the types and volume of projected traffic on the facility over its design life. (2) Rehabilitation. The project requirements necessary to perform the major work required to restore the structural integrity of a bridge as well as work necessary to correct major safety defects are eligible except as noted under ineligible work. Bridges to be rehabilitated both on or off the F-A System shall, as a minimum, conform with the provisions of 23 CFR Part 625, Design Standards for Federal-aid Highways, for the class of highway on which the bridge is a part. (c) Ineligible work. Except as otherwise prescribed by the Administrator, the costs of long approach fills, causeways, connecting roadways, interchanges, ramps, and other extensive earth structures, when constructed beyond the attainable touchdown point, are not eligible under the bridge program. 23 C.F.R. § 650.405(a), (b) and (c). The regulations also establish a procedure for projects for which replacement or rehabilitation funding is sought: (a) Consideration shall be given to projects which will remove from service highway bridges most in danger of failure. s}« ifc * :f: (2) Whenever a deficient bridge is replaced or its deficiency alleviated by a new bridge under the bridge program, the deficient bridge shall either be dismantled or demolished or its use limited to the type and volume of traffic the str