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RIGHT OF WAY OVER UNION PACIFIC RAILROAD

[41 STAT. 304]

An Act Authorizing the Union Pacific Railroad Company, or its successors, to convey for

public-road purposes certain parts of its right of way

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That the Union Pacific Railroad Company, or any of its successors or assigns, is hereby authorized to convey to any State, county, or municipality any portion of its right of way, to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of said railroad company to a less width than fifty feet on each side of the center of the main track of the railroad as now established and maintained, Received by the President, October 10, 1919.

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(Note by the Department of State.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.)

Act of October 22, 1919 (41 Stat. 304).

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INDEX TO LEGISLATION

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(Rules and regulations not indexed in detail]
A

Page

Authorizations and appropriations-Con. Page

Emergency Relief and Construction Act
Accounting division for highway accounts,

of 1932.

33, 37, 42
Secretary authorized to establish

6 Emergency Relief and Construction Act
Administration, research, and investigation:

of 1932 available to September 1, 1934.. 42
act of April 8, 1935, not available for, when

emergency construction under Hayden-
covered by annual appropriations. 50

Cartwright Act..

44
deductions for, 3 percent.

2 Emergency Relief Appropriation Act of
deductions for, 214 percent.

9
1935.

46
reapportionment of funds for

9

emergency construction under Emer.
Secretary to determine amount necessary

gency Reliel Appropriation Act, 1935., 52
for.

2,9 expenditures for forest roads not to exceed
Advances to States:

State's authorized apportionment, ini.
act of 1930.

29

tial provision (see also respective acts)-- 13
act of 1932
33 Federal aid, 1917-21...

1,4
ar dments to act of 1932.
37, 42 Federal aid, 1922

9
not to be repaid...

46
Federal aid, 1923..

11, 13, 16
Alaska:

Federal aid, 1924.

11, 14, 16
authorization for expenditures for public

Federal aid, 1925.

11, 15, 16, 18, 19
highways in.
49 Federal aid, 1926.

16, 17, 19, 21
cooperation with Dominion of Canada.

127
Federal aid, 1927

16, 17, 21, 22, 23
expenditures limited to $350,000 during

Federal aid, 1928

20, 22, 23, 25
1933, 1934, and 1935.
33, 37, 43 Federal aid, 1929

20, 25, 27
oxpenditures limited to $250,000 during

Federal aid, 1930.

24, 25, 27, 30
1936 and 1937.
53, 54 Federal aid, 1931.

24, 26, 30, 31
road to connect United States with

127
Federal aid, 1932.

26, 31, 32
Annual reports. See Reports.

Federal aid, 1933.

26, 32, 34, 36, 51, 53
Apportionment:

Federal aid, 1935.

47
available when requirements of act met.. 7 Federal aid, 1936.

44, 51, 53
available for obligation for 2 years after

Federal aid, 1937

44
close of fiscal year for which authorized. 10 Federal aid, 1938.

54
available for expenditure for 1 year after

Federal aid, 1939

54
close of fiscal year for which authorized. 45, 54 Federal aid, National Recovery Act.

39
certificate by Secretary of Agriculture.-- 2,10 Federal aid for secondary roads, 1938 and
expenditures for forest roads not to ex.

1939..

56
ceed State's authorized apportionment,

flood relief, Alabama.

102, 104, 105, 106
initial provision (see also respective

flood relief, Alabama available to June
acts).

13
30, 1935.

106
Federal-aid, factors of.... 2, 6, 10, 23, 40, 48, 56 flood relief, bridge at Hazard, Ky.

104
Federal-aid, time of apportionment... 10, 17, 55

flood relief, Florida.

105
forest roads, factors of....

10, 55
flood relief, Georgia..

102, 104, 105, 106
forest roads, time of apportionment. 20,55 flood relief, Georgia, South Carolina, and
no State to receive less than 42 of 1 percent

Alabama continued available---- 104, 105, 106
of each year's allotment.

10 flood relief, Missouri, Mississippi, Louisi-
Postmaster General's certificate..

10
ana, and Arkansas.

101
reapportionment. See Reapportionment

flood relief, South Carolina.-- 103, 104, 105, 106
of funds.

flood relief, Vermont, New Hampshire,
to be expended on Federal-aid system.. 7

and Kentucky.

101, 104
where internal improvement or debt pro-

floods, hurricanes, earthquakes, land-
hibited by State constitution or laws. 2, 4,

slides under act of June 18, 1934.

44
11, 12, 17, 20 forest roads, 1917–26..

3
Appropriations. See Authorizations and

forest roads, 1919–21.

5
appropriations.

forest roads, 1922-23..

10
Approval by Secretary of Agriculture of

forest roads, 1924.

11, 12, 13, 14
Federal-aid construction..

8
forest roads, 1925.

11, 12, 14, 16
Assent of governor pending legislation.

1
forest roads, 1926.

17, 18, 19
Assent of legislature to Federal-aid road act.. 1 forest roads, 1927

17, 19, 20, 21
Assignments by contractors. See Contracts.

forest roads, 1928.

20, 22
Authorizations and appropriations:

forest roads, 1929.

20, 22, 24
access roads to national parks, etc..
56 forest roads, 1930.

24, 25, 27
approach roads to national parks, etc.. 117 forest roads, 1931.

24, 26, 27, 28, 29, 31
Alåska, expenditures limited to $350,000,

forest roads, 1932.

26, 31, 32
1933, 1934, 1935.
33, 37, 43 forest roads, 1933.

26, 32, 35, 37, 43, 52
Alaska, expenditures limited to $250,000,

forest roads, continued during 1934.

37
1936, 1937.
53, 54 forest roads, 1935.

47
approval of forest road projects under,

forest roads, 1936.

45, 52, 54
deemed a contractual obligation, initial

forest roads, 1937

45, 54
provision (see also respective acts) 11 forest roads, 1938.

55
approval of projects by Secretary within

forest roads, 1939.

55
3 years.

17 forest roads, sec. 205, National Recovery
availability of. See Apportionment.

Act..

40
deductions for advances under emergency

forest roads, available for construction of
acts of 1930 and 1932..

29, 33, 46

buildings. (See Equipment and sup-
Emergency Construction Act, December

plies.)
20, 1930, for Federal-aid highways and

grade crossing elimination, act of April 8,
Federal-lands highways..

29, 32
1935.

48
133

117

Authorizations and appropriations-Con. Page

grade crossing elimination, 1938 and 1939. 56
Hayden-Cartwright Act.-

44
Indian reservation highways, 1931.

29
Indian reservation highways, continued
during 1933.-

32
Indian reservation highways, 1933.

35
Indian reservation highways, continued
during 1934

37
Indian reservation highways, 1934

40
Indian reservation highways, continued
during 1935..

43
Indian reservation highways, 1935.

47
Indian reservation highways, 1936.

52
Indian reservation roads, 1936, 1937 45, 54
Indian reservation roads, 1938..

54
Indian reservation highways, 1938 and
1939..

55, 56
inter-American highway.

46, 115, 122
international road congress

124
Monticello road.

46, 122
Natchez Trace Parkway

118
National Recovery Act.

37
park highways, 1924-27.

113
park highways, 1932–33.
park highways, 1933.

35
park bighways, 1935.

17
park highways, 1936–37.

45
park highways, 1934, National Recovery
Act.

40
park highways, 1938 and 1939.
public lands highways, 1931

29
public lands highways, continued during
1933..

32
public lands highways, 1933.

35
public lands highways, continued during
1934

37
public lands highways, 1934.

40
public lands highways, continued during
1935

43
public lands highways, 1935.

47
public lands highways, continued during
1936

52
public lands highways, 1936, 1937

45, 54
public lands highways, 1938.

54
public lands highways, 1939

55
reapportionment of. See Reapportion-

ment of funds.
testing laboratory, funds for... 27, 28, 52, 53
Washington-Lincoln Memorial Gettys-
burg Boulevard.

123
Automobiles. See Motor vehicles.
Availability of funds. See Apportionment.

55, 56

B

Bids submitted prior to August 29, 1935, not

to be rejected because subject to code com-
pliance

127
Bieber building, Washington, D. C., lease for. 16
Bonds:

payment bond on public works of the
United States..

125, 126
performance bond on public works of the
United States.

125, 126
repeal of act of August 13, 1894..

126
Bridges:
Federal participation. See Participation

in cost.
included in term “highway".

6
railroad grade separations included in
term.

12
toll. See Tolls.
within municipalities.

23
Bridges and culverts included as roads.

1
Buildings for storage of equipment. See

Equipment and supplies.

C

Claims:

Page
contractors'. See Contracts.
fraudulent.

12, 50, 121
laborers'. See Labor.
Codes of fair competition.

127
Construction. See Contracts, Federal-aid

system, Forest roads, etc.
Contingencies. See Engineering and con-

tingencies.
Contracts:

assignment by contractor under National
Recovery Act..

41
based on bids submitted prior to August

29, 1935 (code compliance) may be
modified..

127
bond required on public works.

125, 126
certified copies furnished by Comptroller
General on application..

126
claims of increased cost due to code com-
pliance..

120
construction and labor under State laws.. 8
8-hour law

129
forest roads to be advertised and let.

11
labor and materials, action on bond. 126
may be terminated for violation wage
provisions.

129
relief to contractors whose costs were in-

creased by compliance with National
Recovery Act..

120
required when estimate for forest roads is
$5,000 or more per mile.

11
subject approval Secretary.

8
undertaken by highway departments (see
also Labor)..

8
Contractual obligations may be entered into

under authorization, initial provision (see
also respective acts).

11
Convict labor:

may be made available to Federal depart-
ments by Attorney General.

116
restriction on employment by States. 32,

35, 36, 40, 43, 51, 53
Cooperation:

cooperative agreements for forest roads.. 3,5, 11
highway planning -

45, 46
from administrative funds.

9
for forest roads.

3, 5, 11
with Department of the Interior.-- 6, 28, 30, 117
with Dominion of Canada.

127
with other Federal agencies and deduc-

tion for equipment and supplies fur-
nished.

36, 43, 52, 53, 113
with Pan American Union.

46
with research agencies.

9
with State highway departments, terri-

tories and civil subdivisions. 1, 3, 6, 9, 11, 28, 30
Cooperative agreements. See Cooperation.
Cost per mile, limitation of Federal partici.

pation in. See Participation in cost.
Council of national defense:

powers and duties of agencies dealing

with highways in National parks, mili-
tary or naval reservations to remain
under jurisdiction such agencies...

6
powers and duties of, relating to highways

transferred to Secretary of Agriculture.

D
Deductions:

administrative. See Administration, etc.

for advances. See Advances to States.
Definitions of terms....... 1, 4, 5, 6, 12, 34, 35, 40, 45
District of Columbia:

included in apportionment under Emer-

gency Reliei Appropriation Act 1935.. 48
included in term "state" in National
Recovery Act, sec. 204.

40
included in act of June 16, 1936.

56
Diversion of motor vehicle revenues, effect on
Federal aid..

45, 55
Domestic materials, use of.

117
Drainage structures included in term "high-

way"

[blocks in formation]

77

Federal-aid system-Continued.

Page
highways and rural post roads defined.-- 1,4,

6, 35, 45, 55
improvement of, in municipalities.- 6, 23, 39, 46
in Hawaii..

14, 30, 35, 40
includes main State parkways. 35, 45, 55
includes rights of way, bridges, drainage

structures, signs, guard rails, and pro-
tective structures.

6
maintenance of. See Maintenance.
maps to be published annually.

9
preference in construction. See Prefer

ence.
primary, selection and increase of.

7,35
protection of..

9
research and investigational studies.

9
rules and regulations.

58
rural post roads defined.

1,4
safety of traffic-recommendations to

Congress and highway departments... 9
safety protective devices necessary for
receipt of Federal-aid.

56
secondary, selection and increase of... 7, 35
7 percent system, additions to..

7,35
7 percent system, approval by Secretary. 7
7 percent system, limited to mileage of
record.

7
7 percent system, may be exceeded

23
7 percent system, revision of submitted
to Secretary

7
7 percent system, selected and designated

by highway departments.
type of construction..
tolls.

Page
Emergency advances to States...-- 29, 33, 37, 42, 46
Emergency authorizations and appropria-
tions:
advances to be repaid.

29, 33
advances not to be repaid..

46
Emergency Relief Appropriation Act of
1935

52
floods, extraordinary. See Authoriza-

tions and appropriations.
floods, hurricanes, earthquakes, land-
slides..

44
Hayden-Cartwright Act of 1934..

44
limited to work before September 1, 1934. 34,

37,42
loans from Reconstruction Finance Cor-

poration to be repaid from future allot-
ments Federal aid.

33
may be used to match regular Federal aid. 34
mileage limitation not to apply. --- 35, 39, 40
minimum wages...

35, 40
National Recovery Act.

37
term “highway" includes main State
parkways.

35, 45, 55
$80,000,000 advanced to be repaid from
future apportionments..

29
$120,000,000 appropriation for Federal-aid

system (see also Authorizations and
appropriations)--

34
Employees:

authorized in Washington and elsewhere. 3
must be taken from Civil Service eligibles
(see also Labor)

3
Engineering and contingencies:
depreciation on equipment to be charged

other Government services and credit-

ed to appropriation..--- -- 36, 43, 52, 53, 113
regular Federal-aid projects, reimburse-

ment to States on, limited to 10 percent. 2,8
projects other than regular Federal-aid,

reimbursement to States...
services for other Federal agencies (see
also Cooperation).

36, 43, 52, 53, 113
Equipment and supplies:

building for storage of, $1,500 limit, and
rental of facilities.

20, 22, 24
building for storage of, $2,500 limit, and
rental of facilities

33, 37, 43, 53, 54
depreciation of equipment may be in.
cluded and credited to appropriation
on charges to other Government serv-
ices.

36, 43, 52, 53, 113
equipment depot, Government Island.. 37
equipment depots, $15,000 for land,
$120,000 for buildings.

27, 31
equipment depots, $15,000 for land,
$200,000 for buildings.

53
purchase of...

3
warehouse maintenance, handling and
storage.

53
Estimates. See Surveys, plans, specifica-

tions, and estimates.
Explosives, reclamation and disposition.---- 17
Expenditures. See Reimbursement to

States, Federal-aid system, Forest Roads,
etc.

39, 44

See Tolls (see also Authorizations
and appropriations).
Federal Emergency Administration of Pub-
lic Works

37, 50
Federal Highway Act:
act to be cited as.

5
Federal participation. See Participation

in cost.
includes Federal-aid Road Act and
amendments

5
inconsistent acts or parts of acts repealed. 12
invalidity any section not to affect re-
mainder..

11, 12
term "Federal-aid Act" defined.

5
Federal participation. See Participation in

cost.
Feeder roads.

36, 56
Flood relief. See Authorizations and appro-

priations.
Footpaths, construction of under National
Recovery Act..

39
Force account work by Federal Government

authorized.
Foreign materials, use of.

117
Forest roads:
advertising and award of contracts.

11
approval of project under apportion-
ments deemed a contractual obligation.

initial provision. See respective acts -- 11
apportionment of funds..

10, 20, 55
authorizations available for construction

of buildings and for storage facilities.

See Equipment and supplies.
cooperative agreements for.

3, 5, 11
cooperation with States, etc., not re-
quired.

11
defined

6, 10, 19
expenditures not to exceed State's author-

ized apportionment, initial provision
(see also respective acts).

13
expenditures not to exceed 10 percent of

value of timber and forage resources. 3
force account work authorized.

9, 11
includes Alaska and Porto Rico..

10
lease, hire, or rent of facilities for.

11
maps to be published annually.

9, 27
preference given roads on Federal-aid sys-
tem.

26
preference to projects to be constructed by

same standards as Federal-aid roads.. 27
purchases, supplies, equipment, and
facilities for

11
rules and regulations

92
salaries and expenses in connection with. 11
war materials for..

5, 6, 17

9,11

False reports, etc., fine and imprisonment for
making-

12, 50, 121
Farm to market roads.

36, 56
Federal-aid system:

apportionment of funds. See Apportion-

ment.
allotments for primary and secondary
systems

7,35
authorization for

7
construction defined..

1, 6, 7
construction in accordance with State
laws..

8
designation and selection of.

7,35
division into two classes-primary or

interstate, and secondary or intercity.. 7
expenditures limited to system.-

7
extension of.

7, 35
Federal participation. See Participation
in cost.

[blocks in formation]

Forest roads-Continued.

Page
50 percent of appropriations for forest de-
velopment roads.

10
50 percent of appropriations for forest

highways (see also Authorizations and
appropriations)

10
Fraudulent claims.

12, 50, 121
Funds:
provision for State..

7
under direct control of highway depart-

ment (see also Authorizations and ap-
propriations).

6,7

G
Gallup-Durango Highway maintenance au-
thorized.

15
Gasoline tax, diversion.

45, 55
Gasoline taxes may be levied on sales on
Federal reservations.

56
Gettysburg, commission for Washington.

Lincoln Gettysburg Memorial Boulevard.. 122
Government Island, $800,000 for buildings
continued during 1934.-

37
Grade crossing elimination. See Railroad

grade crossings.
Guard rails, included in term "highway”. 6

L
Labor:
claims for wages.

129
contract may be terminated for failure

to pay required wages to employees.... 129
convict, see Convict labor.
deductions by contractors from wages not
permitted.

128
disbarment for failure to pay.

129
8-hour day on public works.

129
Federal Government to withhold from
contractors amounts due laborers.

128
human labor in lieu of machinery-

41
just and reasonable wages under National
Recovery Act.

40
“Kick-back” Act, penalty for violation.. 119
minimum wage rates predetermined by
highway departments.

35, 40
penalty for violation of labor provisions.. 119
preference to soldiers, sailors, and marines 4,5
preference first to ex-service men with
dependents.

35, 41
preference to persons on relief under Emer-

gency Relief Appropriation Act 1935... 49
right of action for wages.

129
Secretary of Labor to determine wage
rates

128
subject to State laws.

8
to be paid once a week.

128
wages of laborers and mechanics on public

works contracts.
30-hour week.

35, 40
Laboratory, testing, appropriations and

authorizations for (see also Administra-
tion)

27, 28, 52, 53

30

30
14

128

40

H
Hawaii:

authorization of $880,000 to cover 1917-25

period.
expenditure on roads agreed upon by

Governor and Secretary of Agriculture.
extension of Federal aid to.
included in term "State' in National

Recovery Act...
payments to depository designated by

Territory..
preference to projects connecting seaports

with national parks..

preference to projects for national defense.
Hayden-Cartwright Act..
Highway departments. See State highway

departments.
Highways. See Federal-aid system.
Highway Planning authorized..
Hours of labor. See Labor.

30

14
14
44

45, 56

1,6

Indian lands in connection with Federal aid. 17,

23 28
Indian Reservation roads:

appropriations reimbursable from tribal
funds

15
authorization of $20,000 each year for

maintenance Gallup-Durango High-
way

15
cooperation with highway departments

and Interior Department 6, 28, 30, 117
cost of paid from llotments to States
where reservation located.

6
funds authorized for which no other ap-
propriations available.

114
main roads through (act June 24, 1930)

(see also Authorizations and appropria-
tions).

28
Injured employees, limitation on payments

under Emergency Relief Appropriation
Act 1935

49
Inspection:
by Secretary of Agriculture of Federal-

aid work (see also Engineering and con-
tingencies)

8
Inter-American Highway:
appropriations for

46
appropriations of $50,000 for survey.. 115
appropriations for survey and construc-
tion..

122
authorization for

115
authorization for surveys from adminis-
trative funds.

122
cooperation with the Pan-American
Union

114
International Road Congress, appropriation
for...

124
Investigational studies. See Administration,

research, and investigation, and Coopera-
tion.

M
Maintenance:
by Secretary of Agriculture

8
charge against State's allotments.. 3,8, 39
contract for by Secretary-

8
defined..
duty of States

3,8, 39
failure to maintain-notification of

3,8
purchase of supplies and equipment for by
Secretary

8
reimbursement to Federal Government
for

8
Secretary to refuse to approve projects be-
cause of lack of..

3,8
Maps:
of Federal lands highways.

28
of Federal-aid and forest roads, annual.. 9,27
progress maps.

9
publication of systems selected and ap-
proved...

9
Materials, use of domestic:

contractor violating act barred from
awards for 3 years.

117
exception where inconsistent with public
interest or cost unreasonable

117
purchase of domestic on public works of
United States..

117
Mileage limitation. See Participation in cost.
Minimum wages predetermined by State
highway departments..

35, 40
Monticello, appropriation for road within.. 46, 122
Motor vehicle revenues, diversion of...

45, 55
Motor vehicles:
purchase limitation..

36, 43, 52, 53
State revenues from, diversion of. 45, 55
traffic laws, report on status of uniform.. 57
when State revenues insufficient for road

construction, Federal funds need not be
matched during fiscal years 1936 and
1937.

85
see also War materials.
Municipalities:

bridges in, Federal-aid for.
eligible for Federal-aid if houses average
more than 200 feet apart.

6, 23
extension Federal-aid system into.

39, 46
highways in, Federal aid for.

23
interstate bridges in.

23

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