contributions for construction or maintenance from cooperators shall be approved prior to beginning work thereon.

SEC. 2. Negotiations for cooperative agreements shall be conducted by the division engineer and the detailed provisions shall be agreed upon by him and the cooperator. All cooperative agreements shall be prepared on forms furnished by the Commissioner for execution by him and the cooperator.

SEC. 3. No work under a cooperative agreement involving forest highway funds shall be advertised, no contracts let, nor any construction started without the prior approval of the division engineer.

REGULATION 6-SURVEYS

SECTION 1. A location survey, plans, specifications and estimate of cost for projects to be included for construction in any present or future forest highway work program, under allotments set up as provided hereinafter in Regulation 9, shall be made by the division engineer as soon as practicable, unless otherwise specifically directed by the Commissioner. Roads that ultimately may become a part of the forest highway system may be programmed for preliminary location survey and corresponding estimate of cost in the same manner as location surveys are programmed for adopted forest highways.

SEC. 2. Before the completion of a survey, the regional forester shall be notified in writing so that he shall have opportunity to examine the surveyed line or the location map and to indicate any details of location desirable for the protection or development of the national forests.

REGULATION 7-CONSTRUCTION

SECTION 1. No construction shall be undertaken upon any designated part of the forest highway system by any Federal agency until a survey and cost estimate have been made by the division engineer and approved by the State highway department and the Commissioner, unless otherwise specifically authorized by the Commissioner; but the Forest Service may make temporary repairs on forest highways or construct timber utilization roads on the forest highway system following as closely as practicable reconnaissance surveys made by the Commissioner at the request of the Forest Service.

SEC. 2. Upon approval by the Commissioner, the division engineer may begin construction of projects carried in the approved forest highway work program. SEC. 3. Expenditures authorized in the work program for any construction project may be increased or decreased by the Commissioner by not to exceed 25 percent by transfer between projects or from any unprogrammed balance or from the reserve. Any construction project substantially deviating, in the opinion of the Commissioner, from the project as approved in the forest highway work program or on which the cost will exceed by more than 25 percent the expenditure authorized therein, shall be reprogrammed.

SEC. 4. Unless otherwise authorized by the Commissioner all construction of forest highways will be by the contract method and he shall accept or reject proposals from bidders on any forest highway construction projects and execute any necessary contracts and supporting bonds therefor. If it is impractical to construct a project or any part thereof by the contract method, the Commissioner may proceed as authorized by paragraph (d), section 23, of the Federal Highway Act.

SEC. 5. Construction work on projects shall not be considered complete until the project has been inspected and approved by the division engineer and by the State highway department or cooperating agency, as the case may be, nor until the regional forester has approved the clearing and disposal of refuse.

REGULATION 8-MAINTENANCE

SECTION 1. All maintenance work on all programmed forest highway projects during construction and after completion shall be performed by the Public Roads Administration unless otherwise directed by the Commissioner or specified by cooperative agreement with the State or local authority.

REGULATION 9 RECORDS AND ACCOUNTING

SECTION 1. Following each forest highway appropriation, lump sum allotments shall be set up by the Secretary to the Public Roads Administration and

the Forest Service to cover the estimated requirements of each agency based on the approved work program. These cash allotments shall be available for disbursement on vouchers approved by authorized officers of the appropriate agency for:

(1) Authorized expenditures for survey and construction on all forest highway projects in the approved work program.

(2) Current costs of maintenance as estimated by the division engineer on all forest highway projects to be maintained by the Public Roads Administration in accordance with the approved program.

(3) Administrative expenses.

SEC. 2. Each equipment depot under the jurisdiction of the Public Roads Administration shall be operated on a self-sustaining basis. Work done for other agencies will be on actual cost basis including overhead. Projects on which equipment is used will be charged with the cost of such equipment on a depreciation or appropriate rental basis. The purchase of equipment and operation of these equipment depots will be paid from available forest highway cash and such expenditures will be carried initially in a suspense account. Periodically equipment charges will be transferred to the proper projects.

SEC. 3. Cooperative funds contributed by cooperator shall be deposited in the United States Treasury to the credit of the Forest Service Cooperative Fund authorized by the act of June 30, 1914 (16 U. S. C., sec. 498), which deposits will be made available for expenditure by the agency concerned from the appropriation "Cooperative Work, Forest Service, Trust Fund" (act of June 26, 1934, 31 U. S. C., sec. 725s), and shall be audited, disbursed, and recorded in the same manner as funds under the Federal Highway Act. Cooperative expenditures made by cooperators shall be audited and disbursed as provided in the cooperative agreement.

SEC. 4. The Commissioner shall keep all records which he deems necessary of survey, construction, and maintenance costs for projects under his supervision and will furnish the Forester and any cooperating agency with a copy of a final report showing the accomplishments and expenditures on each project completed.

REGULATION 10-COMMISSIONER'S REPORT

SECTION 1. Not later than September 15 each year the Commissioner shall submit to the Administrator and to the Secretary a report covering the operations on the forest highway system for the preceding fiscal year, showing the current status of surveys, construction, and maintenance and with such recommendations as he shall consider desirable. This report shall contain sufficient data upon which to base the report to Congress on forest highway work required by section 19 of the Federal Highway Act.

REGULATION 11-APPLICATION OF REGULATIONS

SECTION 1. These regulations shall take effect upon approval and shall supersede the rules and regulations approved by the Secretary of Agriculture for administering forest roads and trails on March 11, 1922, as amended.

REGULATIONS FOR ADMINISTERING APPROPRIATIONS FOR ROADS IN NATIONAL PARKS, NATIONAL MONUMENTS, NATIONAL PARKWAYS, AND OTHER AREAS ADMINISTERED BY THE NATIONAL PARK SERVICE

(Approved by the Secretary of the Interior April 4, 1944, and by the Federal Works Administrator April 29, 1944)

BASIS

These Regulations are issued pursuant to, and in accordance with, sections 8 and 9 of the Act approved September 5, 1940 (54 Stat. 867, 870; 16 U. S. C. 8-1 and 460c), Act approved January 31, 1931 (46 Stat. 1053; 16 U. S. C. 8-8b), and amendatory and supplementary acts relating to roads and parkways in national parks and monuments and other areas administered by the National Park Service. They provide for continuing the existing agreement which has been in effect since 1926 whereby the Public Roads Administration has served efficiently as the road construction agency for the National Park Service, except in Alaska

where road construction has been and will continue to be handled by the Alaska Road Commission.

CONTENTS

Sec.

1.1 Definitions.

1.2 Park road systems.

1.3 Apportionment of funds and construction program.

1.4 Surveys and plans.

1.5 Construction and maintenance.

1.6 Records and accounting.

1.7 National capital parks.

1.8 Date effective.

REGULATIONS

SECTION 1.1 Definitions.-For the purposes of the regulations in this part the following definitions shall control.

(a) Secretary shall mean the Secretary of the Interior.

(b) Administrator shall mean the Administrator of the Federal Works Agency. (c) Director shall mean the Director of the National Park Service.

(d) Commissioner shall mean the Commissioner of Public Roads.

(e) Regional director shall mean the regional director of a National Park Service region.

(f) Superintendent shall mean the superintendent or custodian in charge of a National Park Service area.

(g) Landscape Architect shall mean the Chief Landscape Architect of the National Park Service or his authorized representative.

(h) Chief Engineer shall mean Chief Engineer of the National Park Service who has responsibility for road maintenance in National Park Service areas. (i) District engineer shall mean the engineer in charge of a Public Roads Administration district.

(j) Road project shall mean any project for survey, construction, post construction, or maintenance on the National Parkway System, or any project for survey, construction, or post construction on the park road system.

(k) Major project shall mean any road project in connection with which the Public Roads Administration acts as the construction agency for the National Park Service.

(1) Minor project shall mean any road project in connection with which the Public Roads Administration does not act as the construction agency for the National Park Service.

(m) Construction shall mean construction, reconstruction, and improvement of roads.

(n) Maintenance shall mean the preserving, through constant attention, of each roadway, roadside, and roadside facility as nearly as possible in its original condition as constructed, or as subsequently improved, to provide satisfactory and safe road service.

(0) Post construction shall mean any work performed by day labor after any particular construction operation is completed.

(p) Service shall mean the National Park Service of the Department of the Interior.

(q) Administration shall mean the Public Roads Administration of the Federal Works Agency.

(r) Master plan shall mean a plan devised and used as a medium of advance planning and the controlling document of all development in each National Park Service area.

SEC. 1.2 Park road systems.-(a) The park road system for each national park, national parkway, national monument, and other area administered by the Service shall consist of the roads in and approach roads thereto as shown on the park road system plan of the approved master plan for each area.

(b) The district engineer, the superintendent, and the Landscape Architect shall review each road system plan in the master plan and shall submit a joint recommendation to the Director and to the Commissioner for their approval. (c) Alterations in, and additions to, the park road system may be recommended

In

in like manner from time to time to the Director and the Commissioner. making changes in, or additions to, the park road system consideration shall be given to coordinating the park road system with the Federal-aid highway system, the State highway system, and the National Forest highway system.

(d) When it becomes necessary to establish a park road system in any new national park, national parkway, national monument, or other area administered by the Service, a master plan shall be prepared by the Service and the road system plan thereof reviewed and recommended as provided for in section 1.2 (b) of this part.

SEC. 1.3 Apportionment of funds and construction program.—(a) The Director shall recommend the apportionment of roads and parkway appropriations and contractual authorizations as to major and minor road projects to the Secretary for approval.

(b) The Director, with the advice of the Administration, shall prepare a construction program to be used as the basis for the allotment and expenditure of funds available for the survey, construction, reconstruction, and improvement of major projects. The construction program shall be submitted to the Secretary for approval.

(c) The Construction Program shall be based on:

(1) Amount of appropriation and contractual authorization.

(2) Protection of previous construction.

(3) Correlation with adjacent park road projects and Federal, State, and National Forest highway systems.

(4) Park development requirements and protection of natural features. (5) Interests and needs of the visiting public.

SEO. 1.4 Surveys and plans.—(a) When funds are allotted by the Director for surveys for major projects, the Administration shall make a reconnaissance, preliminary survey, and estimate of costs, and shall submit a report to the Director. Upon the request of the Director, the Administration shall make a location survey. The Landscape Architect, the superintendent, and the district engineer shall collaborate in regard to all phases of reconnaissance, preliminary, and location surveys to establish a location which is satisfactory to the Administration and to the Service.

(b) When making field surveys and in the preparation of plans, the general road location, the width of roadway, the width of surfacing, the character and standards of alignment and grade, and the location and layout of access roads shall be determined jointly by the Service and the Administration.

(c) The size of drainage structures, the elevation of grade lines across water courses, the depth of surfacing, the character and size of foundations, structural design of bridges, and all phases of the proposed improvement which affect the integrity of the proposed construction are features for which the Administration shall be primarily responsible.

(d) The architectural design of bridges and other structures, including retaining walls and guard walls, the rate and shape of slopes in cuts and fills, the landscape development of the right-of-way, the location and design of parking areas and overlooks are features for which the Landscape Architect shall be primarily responsible.

(e) The contract plans and specifications for major projects shall be prepared by the Administration and shall include such architectural and landscape plans and specifications prepared by the Service which may be determined necessary. (f) The contract plans and specifications shall be reviewed from time to time during the course of their preparation by the Landscape Architect and the superintendent, and the Landscape Architect shall send their recommendations to the district engineer. When the plans and specifications are completed, the district engineer shall submit copies to the Landscape Architect and to the superintendent for their consideration and concurrence. The district engineer then shall send such plans and specifications with his recommendations to the Commissioner and to the Director for their consideration and approval.

SEC. 1.5 Construction and maintenance.-(a) The construction of all major projects of the park road system, except in Alaska, shall be accomplished by the Administration in accordance with plans jointly approved by the Director and the Commissioner.

(b) The maintenance of roads and parkways constructed by the Public Roads Administration in the areas administered by the National Park Service shall be accomplished under the supervision of the Chief Engineer of the National Park Service in accordance with an annual road maintenance plan for each such road maintenance project. These road maintenance plans shall be prepared by the Na

tional Park Service in collaboration with the engineers of the Public Roads Administration and shall include an estimate of cost for each maintenance project. The road maintenance plans shall prescribe the technical processes and methods to be followed and shall be approved by the district engineer, Public Roads Administration; concurred in by the superintendent, regional director, and Chief Engineer, National Park Service; and approved by the Director of that Service. When in the judgment of the Director and the Commissioner it will be more advantageous and economical, maintenance of parkways may be accomplished by the Administration.

(c) When the Commissioner and the Director have approved plans for a construction project, the district engineer may proceed with construction. Construction work shall be by contract, unless day labor work is specifically recommended by the Commissioner and approved by the Director. Post construction projects shall be accomplished as day labor projects by the Administration in accordance with the same general procedure as is established for road construction to be accomplished by contract. Unskilled and intermediate grades of day labor personnel shall be employed by the superintendent.

(d) If construction is to be by contract, the district engineer shall advertise for bids for constructing the project. A record of the bids received with appropriate recommendations shall be forwarded by the Administration to the Director with copies to the appropriate superintendent. The contract papers shall be prepared by the Administration and sent to the Director for submission to the Secretary for award and execution of the contract.

(e) The district engineer shall act as the representative of the Secretary in seeing that the terms of the contract are fulfilled by the contractor.

(f) During the period of construction, the Landscape Architect shall make inspections of the work and shall collaborate with the district engineer for its supervision.

(g) Minor alterations which are authorized under the contract without a modification of the contract and which are deemed necessary during the progress of the work may be ordered by the district engineer with the concurrence of the Landscape Architect and the superintendent.

(h) When a project is nearing completion, the district engineer shall notify the Landscape Architect and the superintendent in writing when the final inspection can be made, allowing ample time for the contractor to complete the construction of any items recommended in the inspection. The final inspection shall be performed by the district engineer in company with the Landscape Architect and the superintendent. The Landscape Architect and the superintendent shall each submit a written statement of acceptance prior to payment of . the final voucher. The district engineer shall submit a final construction report within 3 months after completion.

SEC. 1.6 Records and accounting.—(a) The Administration shall keep all necessary cost records of surveys, construction, and engineering performed under its supervision, and the Commissioner shall report to the Director regarding the status of the work and of funds, and shall furnish such other information as may be necessary for each national park, national parkway, national monument, and other area administered by the National Park Service.

(b) Upon approval of the construction program, an allotment of funds will be made to the Administration for direct disbursement to cover the cost of engineering surveys, preparation of plans, specifications, and estimates, and for engineering supervision of the projects. The amount allotted for engineering services will be a percentage of the total sum available for constructing the major projects.

(c) Allotments of funds will be made for day labor projects in the construction program either to the Administration or to the superintendent, whichever is deemed most expedient.

(d) That portion of the appropriation which is available for construction of major projects shall be termed the "construction fund," from which allotments will be made for specific road and parkway projects when individual contracts are awarded. The allotment shall be based on the contract price. The disbursement of the allotments shall be made by the Service based upon the recommendation of the Administration.

(e) A contingency fund, based on a percentage of the construction fund, shall be reserved for major projects from which allotments may be made to cover overruns, extra work orders, change orders, and other contingencies on current contracts.