part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary.

REVIEW OF FINDINGS AND ORDERS

SEC. 10. Any order made or issued under section 6 of this Act may be reviewed by the circuit court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in sections 239 and 240 of the Judicial Code, as amended. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this Act other than section 6, or relieve any bridge owner of any liability or penalty under such provisions.

REGULATIONS AND ORDERS

SEC. 11. The Secretary is authorized to prescribe such rules and regulations, and to make and issue such orders, as may be necessary or appropriate for carrying out the provisions of this Act.

EXISTING PROVISIONS OF LAW

SEC. 12. (a) The first sentence of section 4 of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906 (U. S. C., 1934 edition, title 33, sec. 494), and section 18 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved March 3, 1899 (U. S. C., 1934 edition, title 33, sec. 502), shall be inapplicable with respect to any bridge to which the provisions of this Act are applicable, except to the extent provided in this section.

(b) Any bridge, the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not completed on such date, and in the case of which no penalties have accrued at the time of the enactment of this Act, shall be constructed, reconstructed, or altered as required by such order, and not in accordance with the provisions of this Act. In the case of any such bridge, however, the Secretary shall apportion the cost of the project between the bridge owner and the United States, and payment of the share of the United States shall be made, in the same manner as if the provisions of this Act applied to such construction, reconstruction, or alteration, subject to the following limitations: (1) In case such construction, reconstruction, or alteration has not begun on or before April 1, 1940, such apportionment of cost shall be made only if (A) the construction, reconstruction, or alteration

is carried out in accordance with plans and specifications, and pursuant to bids, approved by the Secretary, and (B) the bridge owner has submitted to the Secretary a written guaranty of cost as provided for in section 5.

(2) The Secretary's determination as to such apportionment, and as to such plans and specifications and bids, shall be final.

(3) Such apportionment shall not be made if such construction, reconstruction, or alteration is not completed within the time fixed in such order of the Secretary or within such additional time as the Secretary, for good cause shown, may allow.

(c) Any bridge (except a bridge to which subsection (b) applies) the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not begun before such date, shall be subject to the provisions of this Act as though such order had not been issued, and compliance with the provisions of this Act and with such orders as may be issued thereunder shall be considered to constitute compliance with such order issued prior to July 1, 1939, and with the provisions of law under which it was issued.

RELOCATION OF BRIDGES

SEC. 13. If the owner of any bridge used for railroad traffic and the Secretary shall agree that in order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad connection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is provided for in section 6 hereof in the case of an alteration and the share of the United States paid from the appropriation authorized in section 8 hereof: Provided. That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building any bridge across a navigable stream which the Secretary of War shall not find to be, in fact, a relocation of an existing bridge. Approved by two-thirds vote of the House of Representatives June 19, 1940, and of the Senate June 21, 1940.

RIGHTS-OF-WAY OVER U. S. LANDS UNDER SUPERVISION OF THE ATTORNEY GENERAL

[55 Stat. 183]

AN ACT

To authorize the Attorney General to grant easements to States over lands belonging to the United States under his supervision and control.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney

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General, whenever he deems it advantageous to the Government and upon such terms and conditions as he deems advisable, is hereby authorized on behalf of the United States to grant to any State, or any agency or political subdivision thereof, easements in and rights-of-way over lands belonging to the United States which are under his supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Attorney General deems necessary or desirable, is hereby ceded to such State. The Attorney General is hereby authorized to accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as he may deem necessary or desirable over the land so acquired.

Approved, May 9, 1941.

RECONSTRUCTION OF ROADS DAMAGED IN PROSECUTION OF WAR AND BY SEISMIC WAVE IN HAWAII

[60 Stat. 948]

AN ACT

To provide emergency relief for the victims of the seismic waves which struck the Territory of Hawaii, and for other purposes.

Whereas the Territory of Hawaii is suffering from the effects of violent seismic waves of extraordinary force and unexampled violence which struck the Territory in April, 1946; and

Whereas as a result of said seismic waves two hundred lives were lost and approximately $25,000,000 in damages caused to property; and

Whereas the damage to Territorial and county piers, waterworks, sewer works, and other structures and facilities is estimated at $4,250,000; and

Whereas a total of three hundred and ninety-seven homes and one hundred and sixty business concerns were completely destroyed, including furniture and personal effects, and nine hundred and sixty-one homes and forty business concerns were seriously damaged causing an estimated total loss of $18,000,000 and rendering over one thousand three hundred families homeless; and Whereas the devastation caused in the Territory has been so great as to make it impossible for the Territorial government or the Red Cross to give adequate relief in the emergency; and Whereas the Territory of Hawaii has indicated a willingness to assume one-half of the cost of providing emergency relief for the victims of the seismic waves and of aiding in the restoration and reconstruction of the devastated area: Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $1,300,000, to be immediately available and remain available until expanded, which shall be used in the

discretion and under the direction of the Federal Works Administrator for the making of grants for the repair and reconstruction of any Territorial, county, or municipal structures or facilities, other than roads, highways, or bridges, damaged or destroyed by the seismic waves which struck the Territory in April 1946 (including but not confined to piers numbered 1 and numbered 2 at Hilo, the Hilo ship berths, the pavilion and hall of the Hawaiian Homes Commission at Hilo, the school buildings at Laupahoehoe, the waterworks and the sewer works at Hilo, and the county public parks), and for the removal of debris and other clean-up operations necessitated by said seismic waves: Provided, That no grant shall exceed 50 per centum of the cost of the work financed in part therewith as determined by the Administrator: And provided further, That in the event that any amount shall be allocated pursuant to law out of any existing appropriation for any of the purposes herein specified, then the amount herein authorized to be appropriated shall be reduced by the amount so allocated.

SEC. 2. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $10,000,000 to be expended by the Commissioner of Public Roads, Federal Works Agency, for the necessary rehabilitation or repair of roads, highways, and bridges in the Territory of Hawaii, which he finds, after investigation, have been substantially damaged by the Army or the Navy, or both, or by any person or contractor employed by or contracting with the Army or Navy in the performance of contract work in connection with the prosecution of the war or national defense, and for the restoration or reconstruction of roads, highways, and bridges on the system of Federal-aid highways or the system of secondary Federal-aid highways which he finds, after investigation, have been damaged or destroyed by the recent seismic waves in the Territory of Hawaii: Provided, That in the case of war damage the Territory of Hawaii shall match the funds authorized to be appropriated by this section to the extent that may be required by the Commissioner of Public Roads, and that in all other cases the Territory shall make a contribution equal to that of the Federal Government: Provided further, That no part of the funds authorized to be appropriated by this section shall be expended for any abandoned railroad right-of-way or part thereof that may be used in the restoration or reconstruction of any such road, highway, or bridge, or for any construction features on any such abandoned railroad right-of-way that may be used for or be incorporated in such restoration or reconstruction work: And provided further, That the sum herein authorized to be appropriated by this section shall constitute full and complete provision for the relief of the Territory of Hawaii for all damages that may have been caused to roads, highways, and bridges therein by the Army or the Navy or their contractors in connection with prosecution of the war or the national defense or caused by the recent seismic waves and no further claims on account of damage from such causes shall be made by said Territory or its subdivisions.

SEC. 3. For the purpose of facilitating the rebuilding or repair of private homes, stores, or other structures damaged or destroyed by said seismic waves, the Secretary of the Interior (hereinafter called the "Secretary") is authorized to make loans to persons in the Territory of Hawaii in such amounts and upon such terms as the Secretary shall by regulation prescribe, including an agreement by the borrower to

use the loan for the purpose herein prescribed; except that no such loan shall be made for a period of more than twenty years or in an amount in excess of $25,000 to any one borrower. The rate of interest upon each such loan shall be 3 per centum per annum, except that the Secretary may, in his discretion, defer the payment of interest upon any such loan for such a period not to exceed three years. All such loans shall be made, administered, and collected by the Secretary in such manner and through such agencies as he shall designate. For carrying out the purpose of this section there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $5,000,000, to be immediately available, and remain available until expended, of which not to exceed $25,000 shall be available annually for the payment of administrative expenses. All moneys received during a period of five years from the date of approval of this Act as repayment of any loan or interest on any loan made under the provisions of this section shall constitute a revolving fund from which loans may be made for the purpose and upon the terms herein provided, and all moneys received after said five-year period as payments of interest and principal on loans made under this section shall be covered into the Treasury as miscellaneous receipts. Approved August 8, 1946.

FEDERAL TORT CLAIMS ACT

[60 Stat. 812]

AN ACT

To provide for increased efficiency in the legislative branch of the Government.

TITLE IV-FEDERAL TORT CLAIMS ACT

PART 1-SHORT TITLE AND DEFINITIONS

SHORT TITLE

SEC. 401. This title may be cited as the "Federal Tort Claims Act".

DEFINITIONS

SEC. 402. As used in this title, the term

(a) "Federal agency" includes the executive departments and independent establishments of the United States, and corporations whose primary function is to act as, and while acting as, instrumentalities or agencies of the United States, whether or not authorized to sue and be sued in their own names: Provided, That this shall not be construed to include any contractor with the United States.

(b) "Employee of the Government" includes officers or employees of any Federal agency, members of the military or naval forces of the United States, and persons acting on behalf of a Federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation.

(c) "Acting within the scope of his office or employment", in the case of a member of the military or naval forces of the United States, means acting in line of duty.