(b) The officer in charge of such reservation shall, on or before the fifteenth day of each month, submit a written statement to the proper taxing authorities of the State, Territory, or the District of Columbia within whose borders the reservation is located, showing the amount of such motor fuel not sold for the exclusive use of the United States during the preceding month. Approved June 16, 1936.

ACT EXTENDING FEDERAL AID TO PUERTO RICO

[PUBLIC-NO. 766-74тH CONGRESS]

[H. R. 1392]

AN ACT

To extend the provisions of certain laws to the island of Puerto Rico Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That beginning with the fiscal year ending June 30, 1938, the Territory of Puerto Rico shall be entitled to share in appropriations now or which may hereafter become available for apportionment under 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 any Act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States, and the Territory of Puerto Rico shall be included in the calculations to determine the basis of apportionment of such funds: Provided, That the system of roads on which Federal-aid apportionments to the Territory of Puerto Rico shall be expended may be determined and agreed upon by the highway departments of said Territory and the Secretary of Agriculture without regard to the limitations in section 6 of the Federal Highway Act respecting the selection and designation of such system of roads; and, when the system first determined and agreed upon shall have been completed, additions thereto may be made in like manner as funds become available for the construction and maintenance of such additions.

Approved, June 23, 1936.

AUTHORIZATION TO INVESTIGATE AND REPORT ON TRAFFIC

CONDITIONS

[PUBLIC-NO. 768-74тH CONGRESS]

[H. R. 10591]

AN ACT

To authorize the Secretary of Agriculture to investigate and report on traffic conditions, with recommendations for corrective legislation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is hereby authorized and directed to use during the fiscal years ending June 30, 1936, and June 30, 1937, such part as may be necessary of the administrative fund of the Bureau of Public Roads, but not to exceed a total of $75,000, for study and research of traffic conditions and measures for their improvement, and to cooperate with Federal, State, District of Columbia, and municipal authorities, and other agencies, in connection with such study and research: Provided, That not to exceed $5,000 of the said sum may be used for printing necessary for the purposes of the work authorized and directed by this paragraph.

SEC. 2. The Secretary of Agriculture is hereby authorized and directed to make a preliminary report to Congress within the next nine months of the results of the above study and research, and of the status of uniform motorvehicle traffic laws throughout the country, and not later than June 30, 1937, to make a complete report with his recommendations, including suggestions for legislation, which will promote the necessary uniformity in such laws. Approved, June 23, 1936.

RULES AND REGULATIONS OF THE SECRETARY OF AGRICULTURE FOR CARRYING OUT THE FEDERAL HIGHWAY ACT (EXCEPT THE PROVISIONS THEREOF RELATIVE TO FOREST ROADS)

[Approved by the Acting Secretary of Agriculture February 27, 1935]

REGULATION 1. DEFINITIONS

SECTION 1. For the purposes of these regulations, the following terms shall be construed, respectively, to mean:

Act. The Act of Congress approved July 11, 1916, entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes" (39 Stat. 355), as amended by the Act approved February 28, 1919, 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" (40 Stat. 1200, 1201), and as amended by the Act approved November 9, 1921, entitled "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" (42 Stat. 212), and all acts amendatory thereof and/or supplementary thereto.

Secretary. The Secretary of Agriculture of the United States.

Bureau of Public Roads.-The Bureau of Public Roads of the United States Department of Agriculture.

Authorized representatives of the Secretary.-The Chief of Bureau of Public Roads and such other officials and employees thereof as he may designate from time to time.

Federal-aid highway system. The system of Federal-aid highways, established by actual agreement and joint action of the States and the Secretary of Agriculture.

Ten percent fund.-Items for engineering, inspection, and unforeseen contingencies not exceeding 10 percent of the total estimated cost of the construction.

REGULATION 2. INFORMATION FOR THE SECRETARY

SECTION 1. Each State shall maintain at its own expense a State highway department having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by these rules and regulations. From time to time as the Secretary may determine, there shall be furnished to him upon his request, by or on behalf of a State, information as to its laws affecting roads and the authority of the State and local officials in reference to the acquisition of rights of way; construction and maintenance of roads; as to the State highway department, how equipped and organized; as to provisions of its constitution or laws relative to State revenues for the construction, reconstruction, or maintenance of roads; as to funds that will be available to meet the State's share of the cost of construction work to be performed and the general sources of such funds; and as to provisions made for maintaining roads upon which Federal-aid funds have been expended.

SEC. 2. Data furnished by or on behalf of a State shall be supplemented by such reports of the Bureau of Public Roads as the Secretary may from time to time require.

REGULATION 3. FEDERAL-AID HIGHWAY SYSTEM MAP

SECTION 1. Each State highway department shall file with the Secretary of Agriculture a State map showing the proposed initial Federal-aid highway system which shall not exceed 7 percentum 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 the Federal Highway Act approved November 9, 1921.

SEC. 2. The Secretary, through his authorized representatives, will make an examination of the proposed system and will from time to time notify the State highway department of the acceptability of the parts of the system examined.

SEC. 3. Whenever provision has been made by any State for the completion and maintenance of 90 percentum of its initial Federal-aid system equal to 7 percentum of the total highway mileage of such State, such State through its State highway department may request authorization to increase the mileage of

such system by additional mileage equal to not more than 1 percentum of said total mileage of such State and thereafter to make like increase in the mileage of said system whenever provision has been made for the completion and maintenance of 90 percentum of the mileage of said system previously authorized hereunder. Requests to increase the limiting mileage of the Federal-aid system in any State shall be accompanied by such information as the Secretary or his authorized representatives may require to determine whether proper provision has been made for the construction and maintenance of the system previously authorized. When approval has been given by the Secretary to a request to increase the limiting mileage of the Federal-aid system in any State, additions to such system up to 1 percentum of the total certified mileage of the State at the time of the passage of the Federal Highway Act may be made as a whole or seriatim in accordance with the procedure heretofore outlined.

REGULATION 4. PROGRAMS OF PROPOSED CONSTRUCTION

SECTION 1. Each State highway department shall prepare and submit to the Chief of the Bureau of Public Roads for approval a detailed program of proposed construction projects for the utilization of any apportionment of funds made to the State under the provisions of this Act. This program shall be in tabular form, indicating the project number, the county, termini, length, proposed character of the work, estimated total cost, and the amount of Federal funds desired for each project listed therein. The program shall be accompanied by Federal-aid progress maps showing the location in diagrammatic form, together with the project number and estimated total cost of each project covered by the program. The program may be submitted in whole or in part. Excepting minor additions to a program made possible by contract costs being less than estimated costs, or by small balances otherwise available, no program will be considered for projects involving less than 25 percent of a State's apportionment.

REGULATION 5. PROJECT STATEMENTS

SECTION 1. A project statement may be submitted for the whole or any part of a continuous route or routes embraced in the Federal-aid highway system selected or designated in accordance with the provisions of the Act, preference being given to such projects as will expedite the completion of a system of highways interstate in character.

SEC. 2. A project statement shall contain such information as the Secretary may require to be submitted on a form supplied by the Bureau of Public Roads and shall be accompanied by a sketch map in sufficient detail and covering such length of road as may be necessary to determine the fitness of the location as a part of the Federal-aid highway system and with the termini of the proposed improvement indicated thereon.

Sec. 3. When in the opinion of the Chief of the Bureau of Public Roads, or his authorized representative, a State shall have filed a complete project statement for a project and complete plans, specifications, and estimates therefor, or for any part thereof, the Chief of the Bureau of Public Roads, or his representative when so authorized, may authorize advertisement of such project, or of such part thereof, and/or may approve or recommend for approval, such plans, specifications, and estimates, but shall not concur in the award of any contract until after the project statement has been approved.

REGULATION 6. SURVEYS, PLANS, SPECIFICATIONS, AND ESTIMATES SECTION 1. The surveys, plans, specifications, and estimates shall show in convenient form and detail the work to be performed and the probable cost thereof, all in conformity with the standards governing form and arrangement prescribed by the Secretary.

SEC. 2. Copies of the specifications shall be submitted with the plans and estimates, except that where standard specifications have been approved by the Chief of the Bureau of Public Roads a statement to the effect that approved standard specifications govern may be submitted in lieu of the printed documents. Standard specifications shall be revised from time to time as may be required by the Chief of the Bureau of Public Roads to reflect improvements in design and construction practices.

SEC. 3. Until plans, specifications, and estimates for a project or part thereof have been submitted and found satisfactory for recommendation, and the State

has been so notified by the district engineer of the Bureau of Public Roads, no project or part thereof shall be advertised for contract.

SEO. 4. The estimate for each project shall show the estimated quantity and the estimated cost of each item of construction in detail and, separately, the 10-percent fund, and shall not include any expense for advertising.

SEC. 5. Unless State standard contract and bond forms have been approved, there shall be submitted with each set of plans for the approval of the Secretary copies of the form of contract, together with all documents referred to therein or made a part thereof, and of the contractor's bond which it is proposed to use on the project. No alteration of either of these forms, when once approved, shall be made until it is approved by the Secretary.

SEC. 6. Where any part of the cost of a project is to be furnished by a county or other local subdivision or subdivisions of a State, the plans, specifications, and estimates shall be accompanied by certified copy of each resolution or order, if any, of the appropriate local officials, or such other showing as the Secretary may require respecting the funds which are made available, or respecting the supervision of the construction of the road and of the control of the money provided for paying such cost.

SEC. 7. Right of way ample for any project shall be provided and no incidental damages to adjoining property due to construction work paid for by or on behalf of the State, shall be included in the estimate or be paid in any part, directly or indirectly, by the Federal Government.

SEC. 8. Grade crossings occurring on the Federal-aid highway system shall be classified for priority of improvement by agreement between the State highway departments and the Bureau of Public Roads.

SEC. 9. No part of the expense of making surveys, plans, specifications, or estimates, by or on behalf of the State prior to the beginning of construction work, shall be included in the estimate or paid by the Federal Government, except as such payments may be specifically authorized by law.

REGULATION 7. PROJECT AGREEMENTS

SECTION 1. A project agreement between the State highway department and the Secretary shall be executed for each project on a form furnished by the Secretary. When authorized in writing by the Secretary, the Chief of the Bureau of Public Roads may execute such agreements on behalf of the United States. No payment on any project shall be made by the United States unless and until such agreement has been executed, nor on account of work done prior to recommendation by the district engineer of the Bureau of Public Roads that the plans, specifications, and estimates be approved.

SEC. 2. Subsequent to the execution of the agreement no change which will increase the cost of a project to the Federal Government shall be made, except upon approval by the Secretary of Agriculture, and no changes shall be made in the termini or type, except upon approval of the Chief of Bureau of Public Roads, but minor alterations which do not affect the general nature of the improvement or increase the total cost to the Federal Government may be authorized by the Chief of the Bureau of Public Roads or by his representative when so authorized.

REGULATION 8. CONTRACTS

SECTION 1. No part of the Federal money set aside on account of any project shall be paid until it has been shown to the satisfaction of the Secretary that adequate methods, either advertising or other devices appropriate for the purpose, were employed, prior to the beginning of construction, to insure economy and efficiency in the expenditure of such money. An advertising period of two weeks may be accepted, provided a suitable mailing list of contractors is maintained by a State highway department to whom notices of new work are mailed, and public advertisement is inserted once a week for two weeks in such newspapers and/or other publications as will insure adequate publicity: the first insertion to be two weeks prior to the opening of bids; the second to follow one week after the first publication.

SEC. 2. All contracts for the construction of highways under this Act shall require the contractor to furnish all materials entering into the work, except that with the prior approval of the Chief of the Bureau of Public Roads materials may be purchased and stored by a State during the off-construction season. No requirement shall be contained in any such contract entered into by any State providing price differentials for, or restricting the use of materials to, those produced within the State.

SEC. 3. No procedure or requirement will be approved designed to prevent the award of contracts to qualified contractors nonresident of a State in which the work is located.

SEC. 4. No bid shall be accepted from any contractor who is not complying with any applicable code of fair competition adopted and approved under legislative authority for any trade or industry or subdivision concerned or with any Executive Order issued by the President. There shall be incorporated in each contract a specific requirement that the contractor and all subcontractors shall comply with any applicable approved codes of fair competition or Executive Order issued by the President, and that all materials purchased from commercial sources and incorporated in the work shall be subject to the same conditions.

SEC. 5. Upon publication of advertisements copies thereof shall be furnished to the Bureau of Public Roads.

SEC. 6. Bids shall conform to the standard proposal form, and the items shall be the same as those contained in the estimate provided for in regulation 6, section 4.

SEC. 7. Copy of the tabulated bid prices, showing the unit prices and the totals of each bid for every project, shall be furnished promptly to the Bureau of Public Roads.

SEC. 8. No contract for any project or part thereof shall be entered into or award therefor made by any State without prior concurrence in such action by the Chief of the Bureau of Public Roads, or his authorized representative. SEO. 9. Where bids are received on two or more alternate types of construction for a project, the award of contract shall be to the lowest responsible bidder irrespective of type, unless it be satisfactorily shown that it is advantageous to the work to accept a higher bid.

SEO. 10. The specifications and plans shall be made a part of the contract. SEO. 11. A copy of each contract, as executed, shall be promptly certified by the State highway department and furnished to the Secretary, and no alteration in the contract shall be subsequently made without the approval of the Secretary or his authorized representative.

SEC. 12. All contracts for projects under this Act shall contain suitable stipulations designed to insure that not less than 80 percent of the work embraced in the contract, exclusive of items not commonly found in contracts for similar work, or which require highly specialized knowledge, craftsmanship, and/or equipment not ordinarily available in contracting organizations which perform work of the character embraced in the contract, shall be performed by the contractor with his own organization; provided, that a procedure may be approved whereby a contractor who states in his proposal a particular item or items which he proposes to sublet, and names the subcontractor to whom he proposes to sublet such work, may, if such item or items do not constitute the major item or items of the contract, have such work performed by the subcontractor named notwithstanding the above limitation.

REGULATION 9. CONSTRUCTION

SECTION 1. Suitable samples of materials to be used in construction work shall be submitted, by or on behalf of the State highway department, to the Bureau of Public Roads whenever requested.

SEC. 2. Unless otherwise stipulated in writing by the Secretary or his authorized representative, materials for the construction of any project shall be tested, prior to use, for conformity with the specifications, according to methods prescribed or approved by the Bureau of Public Roads.

SEC. 3. No part of the money apportioned under the Act shall be used, directly or indirectly, to pay or to reimburse a State, county, or local subdivision for the payment of any premium or royalty on any patented or proprietary material, specification, or process for a distinctive type of construction unless purchased or obtained on open actual competitive bidding at the same or a less cost than unpatented articles or methods, if any, equally suitable for the same purpose, provided, however, that patented or proprietary articles or methods of reasonable cost which constitute minor elements of a contract item may be specified and paid for, in the discretion of the Bureau of Public Roads, if purchased in competition with one or more equally suitable patented or proprietary articles or methods or if information is included in the advertisement stating the price at which such patented or proprietary articles or methods are available to all contractors. Manufactured patented or proprietary articles which constitute a major part of the cost of a contract item may be specified 85393-30-5