Chapter 119. To amend the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, as amended and supplemented, and for other purposes
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CHAP. 119.— An Act To amend the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, as amended and supplemented, and for other purposes. November 9, 1921.[[S. 1072](/us/bill/67/s/1072).][[Public, No. 87](/us/pl/67/87).] *Be it enacted by the Senate a nd House of Representatives of the United States of America in Congress assembled*, Federal Highway Act. That this Act may be cited as the Federal Highway Act.
Sec. 2. Meaning of terms. That, when used in this Act, unless the context indicates otherwise— “Federal Aid Act.”Vol. 39, p. 355.The term “Federal Aid Act” means the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, Vol. 40, p. 1200.1916, as amended by sections 5 and 6 of an Act entitled “An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1920, and for other purposes,” approved February 28, 1919, and all other Acts amendatory thereof or supplementary thereto.
“Highway.”The term “highway” includes rights of way, bridges, drainage structures, signs, guard rails, and protective structures in Limitation.connection with highways, but shall not include any highway or street in a municipality having a population of two thousand five hundred or more as shown by the last available census, except that portion of any such highway or street along which within a distance of one mile the houses average more than two hundred feet apart. “State highway department.”The term “State highway department” includes any State department, commission, board, or official having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Agriculture the duties herein required.
“Maintenance.”The term “maintenance” means the constant making of needed repairs to preserve a smooth surfaced highway. “Construction.”The term “construction” means the supervising, inspecting, actual building, and all expenses incidental to the construction of a highway, except locating, surveying, mapping, and costs of rights of way. “Reconstruction.”The term “reconstruction” means a widening or a rebuilding of the highway or any portion thereof to make it a continuous road, and of sufficient width and strength to care adequately for traffic needs.
“Forest roads.”The term “forest road” means roads wholly or partly within or adjacent to and serving the national forests. “State funds”The term “State funds” includes for the purposes of this Act funds raised under the authority of the State, or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department. Sec. 3. Council of National Defense.Powers of, in locating highways, etc., transferred to Secretary of Agriculture.Vol. 39, p. 650.
All powers and duties of the Council of National Defense under the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes,” approved August 29, 1916, in relation to highway or highway transport, are hereby transferred to the Secretary of Agriculture, and the Council of National Defense is directed to turn over to the Secretary of Agriculture the equipment, material, supplies, papers, maps, and documents utilized in the exercise of such National parks, military and naval reservations.Control of highways in, not disturbed.powers.
The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with highways used principally for military or naval purposes, shall not be taken over by the Secretary of Agriculture, but such highways shall remain under the control and jurisdiction of such agencies. Indian reservations.Cooperative road construction in.The Secretary of Agriculture is authorized to cooperate with the State highway departments, and with the Department of the Interior in the construction of public highways within Indian reservations, 213and to pay the amount assumed therefor from the funds allotted or apportioned under this Act to the State wherein the reservation is located.
Sec. 4. That the Secretary of Agriculture shall establish an accounting Accounting division established.division which shall devise and install a proper method of keeping the accounts. Sec. 5. That the Secretary of War be, and he is hereby, authorized Surplus Army road construction materials, etc., transferred.and directed to transfer to the Secretary of Agriculture, upon his request, all war material, equipment, and supplies now or hereafter declared surplus from stock now on hand and not needed for the purposes of the War Department but suitable for use in the improvement Distribution for State use.of highways, and that the same shall be distributed among the highway departments of the several States to be used in the construction, reconstruction, and maintenance of highways, such distribution to be upon the same basis as that hereinafter provided *Proviso*.Reservation for national forests, etc.for in this Act in the distribution of Federal-aid fund: *Provided*, That the Secretary of Agriculture, in his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equipment, and supplies for use in the construction, reconstruction, and maintenance of national forest roads or other roads constructed, reconstructed, or maintained under his direct supervision.
Sec. 6. That in approving projects to receive federal aid under the Interstate highways systems.Preference to project.provisions of this Act the Secretary of Agriculture shall give preference to such projects as will expedite the completion of an adequate and connected system of highways, interstate m character. Before any projects are approved in any State, such State, through Mileage to be designated by States.its State highway department, shall select or designate a system of highways not to exceed 7 per centum of the total highway mileage of such State as shown by the records of the State highway department at the time of the passage of this Act.
Upon this system all Federal-aid apportionments shall be expended.Federal aid thereto. Highways which may receive Federal aid shall be divided into two Classification of highways.classes, one of which shall be known as primary or interstate highways, and shall not exceed three-sevenths of the total mileage which may receive Federal aid, and the other which shall connect or correlate therewith and be known as secondary or inter county highways, and shall consist of the remainder of the mileage which may receive Federal aid.
The Secretary of Agriculture shall have authority to approve in Approval, etc., of systems.whole or in part the systems as designated or to require modifications or revisions thereof: *Provided*, That the States shall submit to the *Proviso*.Proposed revisions.Secretary of Agriculture for his approval any proposed revisions of the designated systems of highways above provided for. Not more than 60 per centum of all Federal aid allotted to any Limitation until entire system provided for.State shall be expended upon the primary or interstate highways until provision has been made for the improvement of the entire system of such highways: *Provided*, That with the approval of any *Proviso*.Additional to primary highways.State highway department the Secretary of Agriculture may approve the expenditure of more than 60 per centum of the Federal aid apportioned to such State upon the primary or interstate highways in such State.
The Secretary of Agriculture may approve projects submitted by Approval of prior projects permitted.the State highway departments prior to the selection, designation, and approval of the system of Federal-aid highways herein provided for if he may reasonably anticipate that such projects will become a part of such system. Whenever provision has been made by any State for the completion Additional mileage construction authorized when completion of 7 per cent provided for.and maintenance of a system of primary or interstate and secondary or intercounty highways equal to 7 per centum of the total mileage of such State, as required by this Act, said State, through its State highway department, by and with the approval of the Sec-214 retary of Agriculture, is hereby authorized to add to the mileage of primary or interstate and secondary or intercounty systems as funds become available for the construction and maintenance of such additional mileage.
Sec. 7. State to provide funds for construction before projects may be approved. That before any project shall be approved by the Secretary of Agriculture for any State such State shall make provisions for State funds required each year of such States by this Act for construction, reconstruction, and maintenance of all Federal-aid highways within the State, which funds shall be under the direct control of the State highway department. Sec. 8. Adequate construction materials, etc., required.
That only such durable types of surface and kinds of materials shall be adopted for the construction and reconstruction of any highway which is a part of the primary or interstate and secondary or intercounty systems as will adequately meet the existing and Approval of types, etc., by Secretary.probable future traffic needs and conditions thereon. The Secretary of Agriculture shall approve the types and width of construction and reconstruction and the character of improvement, repair, and maintenance in each case, consideration being given to the type and character which shall be best suited for each locality and to the probable character and extent of the future traffic.
Sec. 9. Freedom from tolls. That all highways constructed or reconstructed under the provisions of this Act shall be free from tolls of all kinds. Width of roadway, etc.That all highways in the primary or interstate system constructed after the passage of this Act shall have a right of way of ample width and a wearing surface of an adequate width which shall not be less than eighteen feet, unless, in the opinion of the Secretary of Agriculture, it is rendered impracticable by physical conditions, excessive costs, probable traffic requirements, or legal obstacles.
Sec. 10. Apportion in and available on certificate from governor of action of State. That when any State shall have met the requirements of this Act, the Secretary of the Treasury, upon receipt of certification from the governor of such State to such effect, approved by the Secretary of Agriculture, shall immediately make available to such State, for the purpose set forth in this Act, the sum apportioned to such State as herein provided. Sec. 11. Submission of proposed projects.
That any State having complied with the provisions of this Act, and desiring to avail itself of the benefits thereof, shall by its State highway department submit to the Secretary of Agriculture project statements setting forth proposed construction or Plans, etc., if project approved.reconstruction of any primary or interstate, or secondary or intercounty highway therein. If the Secretary of Agriculture approve the project, the State highway department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require; items included for engineering, inspection, and unforeseen contingencies shall not exceed 10 per centum of the total estimated cost of its construction.
Notification of approval, etc.That when the Secretary of Agriculture approves such surveys, plans, specifications, and estimates, he shall notify the State highway Amount to be set aside therefor.department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside the share of the United States payable under this Act on account of In public land States.*Post*, p. 661.such projects, which shall not exceed 50 per centum of the total estimated cost thereof, except that in the case of any State containing unappropriated public lands exceeding 5 per centum of the total area of all lands in the State, the share of the United States payable under this Act on account of such projects shall not exceed 50 per centum of the total estimated cost thereof plus a percentage of such estimated cost equal to one-half of the percentage which the area of the unappropriated public lands in such State bears to the total area *Provisos*.Limit increased.of such State: *Provided*, That the limitation of payments not to exceed $20,000 per mile, under existing law, which the Secretary of 215Agriculture may make be, and the same is hereby, increased in proportion to the increased percentage of Federal aid authorized by this Applicable to unused funds.section: *Provided further*, That these provisions relative to the public land States shall apply to all unobligated or unmatched funds appropriated by the Federal Aid Act and payment for approved projects upon which actual building construction work had not begun on the 30th day of June, 1921.
Sec. 12. That the construction and reconstruction of the highways Construction, etc., by State highway departments.or parts of highways under the provisions of this Act, and all contracts, plans, specifications, and estimates relating thereto, shall be undertaken by the State highway departments subject to the approval of the Secretary of Agriculture. The construction and reconstruction Approval by Secretary, etc.work and labor in each State shall be done in accordance with its laws and under the direct supervision of the State highway department, subject to the inspection and approval of the Secretary of Agriculture and in accordance with the rules and regulations pursuant to this Act.
Sec. 13. That when the Secretary of Agriculture shall find that any Payment on completion of project.project approved by him has been constructed or reconstructed in compliance with said plans and specifications, he shall cause to be paid to the proper authorities of said State the amount set aside for said project. That the Secretary of Agriculture may, in his discretion, from time Advances allowed during construction.to time, make payments on such construction or reconstruction as the work progresses, but these payments, including previous payments, if any, shall not be more than the United States prorata part of the value of the labor and materials which have been actually put in tosuch construction or reconstruction in conformity to said plans and Determination of payments.specifications.
The Secretary of Agriculture and the State highway department of each State may jointly determine at what time and in what amounts payments as work progresses shall be made under this Act. Such payments shall be made by the Secretary of the Treasury, on Method of payments.warrants drawn by the Secretary of Agriculture, to such official or officials or depository as may be designated by the State highway department and authorized under the laws of the State to receive public funds of the State.
Sec. 14. That should any State fail to maintain any highway within Service of notice to State on failure to maintain highway.its boundaries after construction or reconstruction under the provisions of this Act, the Secretary of Agriculture shall then serve notice upon the State highway department of that fact, and if within ninety days after receipt of such notice said highway has not been placed in Procedure if not attended to.proper condition of maintenance, the Secretary of Agriculture shall proceed immediately to have such highway placed in a proper condition of maintenance and charge the cost thereof against the Other projects to be refused.Federal funds allotted to such State, and shall refuse to approve any other project in such State, except as hereinafter provided.
Upon the reimbursement by the State of the amount expended by Action if reimbursement by the State.the Federal Government for such maintenance, said amount shall be paid into the Federal highway fund for reapportionment among all the States for the construction of roads under this Act, and the Secretary of Agriculture shall then approve further projects submitted by the State as in this Act provided. Whenever it shall become necessary for the Secretary of Agriculture Authority of Secretary to contract for repairs, etc.under the provisions of this Act to place any highway in a proper condition of maintenance the Secretary of Agriculture shall contract with some responsible party or parties for doing such *Proviso*.Work other than by contract.work: *Provided, however*, That in case he is not able to secure a satisfactory contract he may purchase, lease, hire, or otherwise obtain all necessary supplies, equipment, and labor, and may operate and maintain such motor and other equipment and facilities as in his 216judgement are necessary for the proper and efficient performance of functions.
Sec. 15. Map of approved systems, etc., to be prepared. That within two years after this Act takes effect the Secretary of Agriculture shall prepare, publish, and distribute a map showing the highways and forest roads that have been selected and approved as a part of the primary or interstate, and the secondary Annual supplements.or intercounty systems, and at least annually thereafter shall publish supplementary maps showing his program and the progress made in selection, construction, and reconstruction.
Sec. 16. Conveyance of public rights of way consented to. That for the purpose of this Act the consent of the United States is hereby given to any railroad or canal company to convey to the highway department of any State any part of its right of way or other property in that State acquired by grant from the United States. Sec. 17. Use of public lands for rights of way or materials.Application for. That if the Secretary of Agriculture determines that any part of the public lands or reservations of the United States is reasonably necessary for the right of way of any highway or forest road or as a source of materials for the construction or maintenance of any such highway or forest road adjacent to such lands or reservations, the Secretary of Agriculture shall file with the Secretary of the department supervising the administration of such land or reservation a map snowing the portion of such lands or reservation swhich it is desired to appropriate.
Transfer to State authorities if not objected to.If within a period of four months after such filing the said Secretary shall not have certified to the Secretary of Agriculture that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department for such purposes and subject to the conditions so specified.
Reversion when no longer needed.If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary of Agriculture, and such lands or materials shall immediately revert to the control ofthe Secretary of the department from which they had been appropriated. Sec. 18. Rules, etc., to be prescribed. That the Secretary of Agriculture shall prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this Act, including such recommendations to the Congress and the State highway departments as he may deem necessary for preserving and protecting the highways and insuring the safety of traffic thereon.
Sec. 19. Annual detailed statements from Secretary. That on or before the first Monday in December of each year the Secretary of Agriculture shall make a report to Congress, which shall include a detailed statement of the work done, thes tatus of each project undertaken, the allocation of appropriations, an itemized statement of the expenditures and receipts during the preceding fiscal year under this Act, an itemized statement of the traveling and other expenses, including a list of employees, their duties, salaries, and traveling expenses, if any, and his recommendations, if any, for new legislation amending or supplementing this Special report.Act.
The Secretary of Agriculture shall also make such special reports as Congress may request. Sec. 20. Appropriation for fiscal year 1922. That for the purpose of carrying out the provisions of this Act there is hereby appropriated, out of the moneys in the Treasury not otherwise appropriated, $75,000,000 for the fiscal year ending June 30, 1922, $25,000,000 of which shall become immediately 217available, and $50,000,000 of which shall become available January 1, 1922. Sec. 21. That so much, not to exceed 212 per centum, of all money Administration, etc., expenses to be deducted.hereby or hereafter appropriated for expenditure under the provisions of this Act, as the Secretary of Agriculture may deem necessary for administering the provisions of this Act and for carrying on necessary highway research and investigational studies independently or in cooperation with the State highway departments and other research agencies, and for publishing the results thereof, shall be deducted for such purposes, available until expended.
Within sixty days after the close of each fiscal year the Secretary Apportionment of unexpended balances.of Agriculture shall determine what part, if any, of the sums theretofore deducted for such purposes will not be needed and apportion such part, if any, for the fiscal year then current in the same manner and on the same basis as are other amounts authorized by this Act apportioned among all the States, and shall certify such apportionment to the Secretary of the Treasury and to the State highway departments.
The Secretary of Agriculture, after making the deduction authorized Ratio of apportionment.by this section, shall apportion the remainder of the appropriation made for expenditure under the provision of the Act for the fiscal To area.year among the several States in the following manner: One-third in the ratio which the area of each State bears to the total area of all the To population.States; one-third in the ratio which the population of each State bears to the total population of all the States, as shown by the latest available Federal census: one-third in the ratio which the mileage of rural delivery routes and star routes in each State bears to the total mileage of To rural delivery and star routes mileage.rural delivery and star routes in all the States at the close of the next preceding fiscal year, as shown by certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary of Agriculture: *Provided*, That no State shall receive *Provisos*.Minimum.Available for succeeding year.less than one-half of 1 per centum of each year’s allotment.
All moneys herein or hereafter appropriated for expenditure under the provisions of this Act shall be available until the close of the second succeeding fiscal year for which apportionment was made: *Provided further*, Apportionment under former laws available for two years.Vol. 39, p. 356; Vol. 40, p. 1201.*Post*, p. 660.That any sums apportioned to any State under the provisions of the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, and all Acts amendatory thereof and supplemental thereto, shall be available for expenditure in that State for the purpose set forth in such Acts until two years after the close of the respective fiscal years for which any such sums become Unexpended ba1ances to be apportioned according to same laws.available, and any amount so apportioned remaining unexpended at the end of the period during which it is available for expenditure under the terms of such Acts shall be reapportioned according to the provisions of the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916: *And provided further*, Reapportionment of unexpended balances to States.That any amount apportioned under the provisions of this Act unexpended at the end of the period during which it is available for expenditure under the terms of this section shall be reapportioned within sixty days thereafter to all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and the State highway departments in the same way as if it were being apportioned under this Act for the first time.
Sec. 22. That within sixty days after the approval of this Act the Certification of amounts apportioned for each year.Secretary of Agriculture shall certify to the Secretary of the Treasury and to each of the State highway departments the sum he has estimated to be deducted for administering the provisions of this Act and the sums which he has apportioned to each State for the fiscal year ending June 30, 1922, and on or before January 20 next preceding 218the commencement of each succeeding fiscal year, and shall make like certificates for each fiscal year.
Sec. 23. National forests.Appropriation for roads and trails in, for 1922 and 1923.*Post*, p. 660.That out of the moneys in the Treasury not otherwise appropriated, there is hereby appropriated for the survey, construction, reconstruction, and maintenance of forest roads and trails, the sum of $5,000,000 for the fiscal year ending June 30, 1922, available immediately and until expended, and $10,000,000 for the fiscal year ending June 30, 1923, available until expended.
(a)Amount authorized for roads and trails of primary importance to national forests. Fifty per centum, but not to exceed $3,000,000 for any one fiscal year, of the appropriation made or that may hereafter be made for expenditure under the provisions of this section shall be expended under the direct supervision of the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of roads and trails of primary importance for the protection, administration, and To develop resources of adjacent communities, etc.Apportionment.utilization of the national forests, or when necessary, for the use and development of resources upon which communities within or adjacent to the national forests are dependent, and shall be apportioned among the several States, Alaska, and Porto Rico by the Secretary of Agriculture, according to the relative needs of the various national forests, taking into consideration the existing transportation facilities, value of timber, or other resources served, relative fire danger, and comparative difficulties of road and trail construction. Balance for roads of primary importance to adjacent communities, etc.Apportionment.The balance of such appropriations shall be expended by the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of forest roads of primary importance to the State, counties, or communities within, adjoining, or adjacent to the national forests, and shall be prorated and apportioned by the Secretary of Agriculture for expenditures in the several States, Alaska, and Porto RicotheSecretary of the land owned by the Government within the national forests therein as determined by the Secretary of Agriculture from such information, investigation, sources, and departments as the Secretary of Agriculture may deem most accurate.
(b)Acceptance of State, etc., cooperation. Cooperation of Territories, States, and civil subdivisions thereof may be accepted but shall not be required by the Secretary of Agriculture.
(c)Construction by States, etc. The Secretary of Agriculture may enter into contracts with any Territory, State, or civil subdivision thereof for the construction, reconstruction, or maintenance of any forest road or trail or part thereof.
(d)Contracts for construction work. Construction work on forest roads or trails estimated to cost$5,000 or more per mile, exclusive of bridges, shall be advertised and let to contract. Work by the Secretary.If such estimated cost is less than $5,000 per mile, or if, after proper advertising, no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account; and for such purpose the Secretary or Agriculture may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, materials, tools, equipment, and facilities required to perform the work. Use of appropriations for expenses.The appropriation made in this section or that may hereafter be made for expenditure under the provisions of this section may be expended for the purpose herein authorized and for the payment of wages, salaries, and other expenses for help employed in connection with such work. Sec. 24. Temporary approval of projects when State laws do not allow use of its funds.*Post*, p. 661. That in any State where the existing constitution or laws will not permit the State to provide revenues for the construction, reconstruction, or maintenance of highways, the Secretary of Agriculture shall continue to approve projects for said State until three years after the passage of this Act, if he shall find that said State has complied with the provisions of this Act in so far as its existing constitution and laws will permit. 219 Sec. 25. That if any provision of this Act, or the application thereof Invalidity of any provision, etc., not to affect remainder of Act.to any person or circumstances, shall be held invalid, the validity of the remainder of the Act and of the application of such provision to other persons or circumstances shall not be affected thereby. Sec. 26. That all Acts or parts of Acts in any way inconsistent with Inconsistent laws repealed.the provisions of this Act are hereby repealed, and this Act shall take effect on its passage. Approved, November 9, 1921.