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SEC. 4. The Forester shall be responsible for maintaining an accurate fiscal record of the status of all appropriations for national forest roads and all expenditures and allotments thereunder for administration, equipment, surveys, construction, and maintenance.

SEC. 5. As soon as practicable after the end of each fiscal year the Forest Service shall prepare a report to the Secretary showing the work accomplished in each State on forest development roads and the disbursements made therefor. For the purpose of this report the Bureau shall furnish to the Forest Service information regarding the work accomplished on any forest development roads under the direction of the Bureau. The Bureau shall also furnish to the Forest Service a copy of each monthly statement exhibiting the progress of all its construction and the financial status of each project.

As soon as practicable after the end of each fiscal year the Bureau shall also report to the Secretary the work done on national forest highways in each State and the disbursements made therefor.

SEC. 6. Cooperative funds deposited in the United States Treasury shall be placed in the appropriation “Cooperative work, Forest Service”, authorized by act of Congress of June 30, 1914 (38 Stat. 415, 430), and shall be audited, disbursed, and recorded in the same manner as funds under the act. Cooperative funds not deposited in the Treasury shall be audited and disbursed as provided in the cooperative agreement.

SEC. 7. The Bureau shall keep all records which it deems necessary of survey, construction, and maintenance costs on major projects supervised by it. The Bureau shall furnish the Forest Service with a final report showing the accomplishments and expenditures on each project constructed by it, and on the projects constructed under a cooperative agreement a copy of the report will be furnished by the Bureau to the cooperating agency.

REGULATION 8 a

SECTION 1. If a local employment service is maintained by the Federal Government, or by the Federal Government in cooperation with the State, in the vicinity of any forest highway work undertaken, the contract shall require that unskilled labor to be employed in such work shall be selected from qualified workers referred by such agency.

SEC. 2 (a). To prevent the exploitation of labor, all contracts for the construction of forest highways shall prescribe the minimum rates of wages, as predetermined by the contracting officer or his duly authorized representative, which contractors shall pay to the different classes of labor, and such minimum rates shall be stated in the advertisement for bids and in proposals or bids which may be submitted. The wage rates so determined shall be a minimum rate for unskilled labor, a minimum rate for labor of intermediate grade, and a minimum rate for skilled labor. The classification of labor employed on highway work into the three classes mentioned shall be in accordance with instructions issued by the Chief of the Bureau of Public Roads.

(b) All contracts for the construction of forest highway projects shall require that the wages of labor shall be paid in legal tender of the United States. This condition will be considered satisfied if payment is made by a negotiable check, on a solvent bank, which may be readily cashed by the employee in the immediate community without delay or collection charges of any kind.

SEC. 3. To provide for maximum employment during periods of acute unemployment as determined by the Secretary of Agriculture, all contracts for the construction of forest highways shall contain stipulations that (except in executive, administrative, and supervisory positions) no individual shall be permitted to work more than 40 hours in any 1 week. This requirement shall be construed, (a) to permit working time lost because of inclement weather or unavoidable delays during the period of employment in any 1 week to be made up in the succeeding week or weeks of the same calendar month, and, (b) to permit a limitation of not more than 176 hours of work in any 1 calendar month to be substituted in the contract for the requirement of not more than 40 hours' work in any 1 week on projects in localities where a sufficient amount of labor is not available in the immediate vicinity of the work and where unemployment has been absorbed in the area of the work. On work located at points so remote and so inaccessible that camps are necessary for the housing and boarding of practically all of the labor employed

As revised Apr. 16, 1935.

on the work, as determined by the district engineer of the Bureau of Public Roads, there may be substituted for either of the above limitations a stipulation permitting individuals to work not more than 48 hours in any 1 week and not more than 8 hours in any 1 day.

SEC. 4. When deemed necessary by the Chief of the Bureau of Public Roads to give effect to stipulations concerning wages and hours of labor, the specifications for each project shall contain a provision requiring the contractor to furnish to the district engineer copies of pay rolls certified under oath by the contractor or his authorized representative.

SEC. 5. The specifications for each forest highway project shall contain special provisions for carrying into effect the stipulations required by sections 1 to 4 of this regulation.

RULES AND REGULATIONS FOR CARRYING OUT THE PROVISIONS OF TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT AUTHORIZING FUNDS UNDER SECTION 205 FOR THE CONSTRUCTION OF HIGHWAYS AND RELATED PROJECTS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 301 OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932

(Approved August 9, 1933)

APPLICATION OF REGULATIONS

SECTION 1. The term “act” as used herein shall be construed to mean those provisions of title II of the National Industrial Recovery Act of June 16, 1933 (Public, No. 67, 73d Cong.), which authorize the construction of (a) national forest highways, (b) national forest roads, trails, bridges, and related projects, (c) national park roads and trails in national parks, owned or authorized, (d) roads on Indian reservations, and (e) roads through public lands, under an allotment of funds to be expended as provided in paragraph (2) of section 301 of the Emergency Relief and Construction Act of 1932. These regulations shall apply to (1) national forest highways, (2) national park roads and trails in national parks, owned or authorized, and (3) roads through public lands, constructed in whole or in part with funds made available under section 205 of the act.

PROJECTS SUBJECT TO OTHER RULES AND REGULATIONS

SEC. 2. (a) All forest highway projects involving the use of funds under section 205 of the act shall be subject also to the rules and regulations of the Secretary of Agriculture for administering forest roads and trails under the pro visions of the Federal Highway Act, as heretofore promulgated and amended, except such provisions thereof as are in conflict or inconsistent with these rules and regulations.

(6) All projects in national parks and national monuments and in authorized national park areas, involving the use of funds under section 205 of the act, shall be subject to all the provisions of the rules and regulations of the Secretary of the Interior for administering road and trail projects, except such provisions as are in conflict or inconsistent with these rules and regulations.

(c) All projects through public lands, involving the use of funds under this act, shall be subject to the provisions of regulations 16 and 18 of the rules and regulations of the Secretary of Agriculture for administering the Federal Highway Act, except such provisions as are in conflict or inconsistent with these rules and regulations.

PRIORITY OF PROJECTS

SEC. 3. In the selection of projects to be included in the programs for work under this act priority shall be given to those projects most urgently needed and of the highest importance for the purposes to be served by the appropriation and for serving the Federal properties upon which the appropriation is based; that is, national forests, national parks, or public lands. In determining such need and importance full consideration shall be given to: (a) The closing of gaps in the Federal-aid highway system; (b) the appropriate landscaping of parkways or roadsides on a reasonably extensive mileage; (c) the correlating and supplementing of existing transportation facilities by road, rail, air, and water, which serve the Federal reservations; (d) reconstruction designed to reduce maintenance cost and decrease future Federal highway expenditures; (e) providing a large number of small projects designed to employ the maximum of human labor; and (f) the elimination of hazards to highway traffic, the widening of narrow bridges and roadways, the building of footpaths, the replacement of unsafe bridges, and the construction of facilities to improve accessibility and the free flow of traffic.

PREFERENCE IN THE USE OF MATERIALS

SEC. 4. All contracts for the construction of projects under this act shall require that preference be given to the use of materials produced under codes of fair competition approved under the National Industrial Recovery Act.

CONVICT LABOR

SEC. 5. No convict labor shall be employed and no materials manufactured or produced by convict labor shall be used on any project constructed under this act.

WAGES OF LABOR

SEC. 6. (a) All contracts for the construction of projects under the act shall prescribe the minimum rates of wages, as predetermined by the contracting officer or his duly authorized representative, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated also in the advertisement for bids and in proposals or bids which may be submitted. The wage rates so determined may be a minimum rate for unskilled labor and a minimum rate for skilled labor, or for skilled labor a minimum rate may be fixed for each class of such labor. Such wages shall be just and reasonable compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort.

(6) All contracts for the construction of projects under this act shall require that the wages of skilled and unskilled labor shall be paid in legal tender of the United States. All contracts for the construction of projects under this act shall contain a provision that no deduction from the wages of skilled or unskilled labor shall be allowed on account of goods purchased or obligations incurred in any commissary or store owned, leased, or otherwise controlled by the contractor, Obligations so incurred shall be subject to collections only in the same manner in which obligations incurred in the ordinary course of business are collectible.

PREFERENCE IN EMPLOYMENT OF LABOR

SEC. 7. Contracts for all projects under this act shall contain stipulations that in the employment of labor preference shall be given, where they are quallfied, to ex-service men with dependents, and then in the following order : (a) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the political subdivision and/or county in which the work is to be performed ; and (b) to citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State in which the work is to be performed; provided that these provisions shall apply only where such labor is available and qualified to perform the work to which the employment relates.

HOURS OF LABOR

SEC. 8. Contracts for all projects under this act shall contain a stipulation that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual shall be permitted to work more than 30 hours in any 1 week. This requirement shall be construed, (a) to permit working time lost because of inclement weather or unavoidable delays during the period of employment in any 1 week, to be made up in the succeeding week or weeks of any 1 calendar month; and (b) to permit a limitation of not more than 130 hours' work in any 1 calendar month to be substituted in the contract for the requirement of not more than 30 hours' work in any 1 week on projects in localities where a sufficient amount of labor is not available in the immediate vicinity of the work. It shall not be considered practicable and feasible to apply either of these imitations to work located at points so remote and so inaccessible that camps are necessary for the housing and boarding of all of the labor employed on the work, and unemployment has been absorbed in the area of the work, as determined by the contracting officer or his duly authorized representative prior to advertis t: Provided, however, That in all such cases no individual shall be permitted to work more than 8 hours in any 1 day or more than 40 hours in any 1 week. The limitation on hours of employment shall not apply to labor while employed in fighting forest fires.

HUMAN LABOR IN LIEU OF MACHINERY

SEC. 9. In order to give effect to the provisions of the act it will be required that the maximum of human labor be used in lieu of machinery wherever practicable and consistent with sound economy and public advantage.

CERTIFIED PAY ROLLS TO BE FURNISHED

SEC. 10. The specifications for each project shall contain special provisions which shall be in conformity with instructions issued by the Bureau of Public Roads for carrying into effect the stipulations required by these rules and regulations, which provisions shall include a requirement that the contractor shall promptly furnish to the contracting officer, or his duly authorized representative, copies of each pay roll certified under oath by the contractor or his authorized representative. Such copies shall be available for inspection by the Special Board for Public Works.

SELECTION OF LABOR

SEC. 11. All contracts for work to be done under these regulations shall provide that the labor required shall be selected from qualified workers referred by employment agencies designated by the United States Employment Service.

SUBLETTING OR SUBCONTRACTING

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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 pro poses 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 sub contractor named notwithstanding the above limitation.a

FORCE ACCOUNT WORK

SEO. 13. Any work done by direct labor under the act shall be subject to these rules and regulations.

VIOLATIONS OF RULES AND REGULATIONS

SEC. 14. Any contractor who deliberately violates the spirit and intent of these rules and regulations or the special provisions issued thereunder shall not be eligible to bid upon any further work involving the use of funds under section 204 and section 205 of the National Industrial Recovery Act.

APPLICATION OF REGULATIONS

SEC. 15. These regulations shall apply to all projects defined in section 1 hereof.

& As amended May 15, 1934.

FLOOD-RELIEF LEGISLATION AND RULES AND

REGULATIONS

APPROPRIATIONS FOR VERMONT, NEW HAMPSHIRE, AND

KENTUCKY

[45 Stat. 570] An Act Making appropriations for the Department of Agriculture for the fiscal year

ending June 30, 1929, and for other purposes

*

FLOOD RELIEF, VERMONT, NEW HAMPSHIRE, AND KENTUCKY For the relief of the following States as a contribution in aid from the United States, induced by the extraordinary conditions of necessity and emergency resulting from the unusually serious financial loss to such States through the damage to or destruction of roads and bridges by the floods of 1927, imposing a public charge against the property of said States beyond their reasonable capacity to bear, and without acknowledgment of any liability on the part of the United States in connection with the restoration of such local improvements, namely: Vermont, $2,654,000; New Hampshire, $653,300; Kentucky, $1,889,994; in all, $5,197,294, to be immediately available and to remain available until expended : Provided, That the sums hereby appropriated shall be expended by the State highway departments of the respective States with the approval of the Secretary of Agriculture for the restoration, including relocation, of roads and bridges so damaged or destroyed, in such manner as to give the largest measure of permanent relief, under rules and regulations to be prescribed by the Secretary of Agriculture: Provided further, That the amount herein appropriated for each State shall be available when such State shall have or make available a like sum from State funds for the purposes contained herein.

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APPROPRIATIONS FOR MISSOURI, MISSISSIPPI, LOUISIANA, AND

ARKANSAS

[45 Stat. 1381] An Act Making appropriations for the military and nonmilitary activities of the War

Department for the fiscal year ending June 30, 1930, and for other purposes

*

*

For the relief of the following States as a reimbursement or contribution in aid from the United States, induced by the extraordinary conditions of necessity and emergency resulting from the unusually serious financial loss to such States through the damage to or destruction of roads and bridges by the floods of 1927, imposing a public charge against the property of said States beyond their reasonable capacity to bear, and without acknowledgment of any liability on the part of the United States in connection with the restoration of such local improvements, namely: Missouri, $258,418; Mississippi, $628,000; Louisiana, $967,582; Arkansas, $1,800,000; in all, $3,654,000, to be available immediately and to remain available until expended : Provided, That such portion of the sums hereby appropriated as will be available for future construction shall be expended by the State highway departments of the respective States with the approval of the Secretary of Agriculture for the restoration, including relocation, of roads and bridges so damaged or destroyed, in such manner as to give the largest measure of permanent relief, under rules and regulations to be prescribed by the Secretary of Agriculture: Provided further, That any sum hereby appropriated for any State shall become available when the State shall have actually expended or shall have made available for expenditure a like sum from State funds for the purposes contained herein: Provided further, That where any roads or bridges shall be or shall have been constructed of a more expensive type than those which were damaged or destroyed, the appro priation contained herein shall not be used to defray any part of the increase in cost occasioned thereby.

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