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THE FEDERAL-AID HIGHWAY ACT OF 1948

[PUBLIC LAW 834-80TH CONGRESS]
[CHAPTER 732-2D SESSION]

[H. R. 5888]

AN ACT

To amend and supplement the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented, to authorize appropriations for continuing the construction of highways, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), and all Acts amendatory thereof and supplementary thereto, and for continuing the construction and reconstruction of highways in accordance with the provisions of the Federal-Aid Highway Act of 1944 approved December 20, 1944 (58 Stat. 838), there is hereby authorized to be appropriated the sum of $450,000,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951.

The sum herein authorized for each fiscal year shall be available for expenditure as follows:

Forty-five per centum for projects on the Federal-aid highway system.

Thirty per centum for projects as set forth in paragraph (b) of section 3 of the Federal-Aid Highway Act of 1944 (58 Stat. 838), except that for the purposes of this Act and all subsequent Acts continuing the postwar construction and reconstruction of highways in accordance with the provisions of the Federal-Aid Highway Act of 1944, (1) the term "secondary and feeder roads" and the term "principal secondary and feeder roads", wherever used in the Federal-Aid Highway Act of 1944, shall include county and township roads; and (2) in selecting county and township roads on which funds are to be expended, the State highway departments shall cooperate with township trustees and other appropriate local road officials; and

Twenty-five per centum for projects on the Federal-aid highway system in urban areas.

The said sums, respectively, for any fiscal year, shall be apportioned among the several States in the manner now provided by law and in accordance with the formulas set forth in section 4 of the Federal-Aid Highway Act of 1944 approved December 20, 1944: Provided, That the authorization for the fiscal year ending 1950 shall be apportioned among the States as soon as practicable after July 1, 1948, but not later than September 1, 1948.

Any sums apportioned to any State under the provisions of this section shall be available for expenditure in that State for two fiscal years after the close of the fiscal year for which such sums are authorized, and any sums apportioned to any State under section 4 of the Federal-Aid Highway Act of 1944, approved December 20, 1944, shall be available for expenditure in that State for three fiscal

years after the close of the fiscal year for which such sums are authorized and any amount so apportioned remaining unexpended at the end of such period shall lapse: Provided, That such funds for any fiscal year, including any funds authorized to be appropriated under this Act, shall be deemed to have been expended if a sum equal to the total of the sums apportioned to the State for such fiscal year is covered by formal agreements with the Commissioner of Public Roads for the improvement of specific projects as provided by this Act.

SEC. 2. The Commissioner of Public Roads is hereby directed to cooperate with the State highway departments in a study of the status of improvement of the National System of Interstate Highways, designated in accordance with the provisions of section 7 of the Federal-Aid Highway Act of 1944; to invite the cooperation and suggestions of the Secretary of Defense and the National Security Resources Board as to their indicated or potential needs for improved highways for the national defense; and to supplement, not later than April 1, 1949, the report dated February 1, 1941, entitled "Highways for the National Defense" (Seventy-seventh Congress, first session), to reflect current conditions and deficiencies.

SEC. 3. (a) For the purpose of carrying out the provisions of section 23 of the Federal Highway Act (42 Stat. 218), as amended and supplemented, there is hereby authorized to be appropriated (1) for forest highways the sum of $20,000,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951, subject to the provision of section 9 of the Federal-Aid Highway Act of 1944 respecting the apportionment for forest highways in Alaska; and (2) for forest development roads and trails the sum of $17,500,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951: Provided, That immediately upon the passage of this Act the appropriation herein authorized for forest highways for the fiscal year ending June 30, 1950, shall be apportioned by the Federal Works Administrator for expenditure in the several States, Alaska, and Puerto Rico, according to the area and value of the land owned by the Government within the national forests therein which the Secretary of Agriculture is hereby directed to determine and certify to him from such information, sources, and departments as the Secretary of Agriculture may deem most accurate, and hereafter, on or before January 1 next preceding the commencement of each succeeding fiscal year the Federal Works Administrator shall make like apportionment of the appropriation authorized for such fiscal year: Provided further, That the Commissioner of Public Roads may incur obligations, approve projects, and enter into contracts under the apportionment of such authorizations, and his action in so doing shall be deemed a contractual obligation of the Federal Government for the payment of the cost thereof: Provided further, That the appropriations made pursuant to authorizations heretofore, herein, and hereafter enacted for forest highways shall be considered available to the Commissioner of Public Roads for the purpose of discharging the obligations created hereunder in any State or Territory: Provided further, That the total expenditures on account of any State or Territory shall at no time exceed its authorized apportionment: Provided further, That appropriations for forest highways shall be administered in conformity with regulations jointly approved

by the Federal Works Administrator and the Secretary of Agriculture: Provided further, That the Commissioner of Public Roads shall transfer to the Chief of the Forest Service from appropriations for forest highways such amounts as may be needed to cover necessary administrative expenses of the Forest Service in connection with the forest-highway program.

(b) The authorization in section 9 of the Federal-Aid Highway Act of 1944 for forest highways for the fiscal year ending June 30, 1948, is hereby canceled.

(c) Hereafter, construction work on forest-development roads and trails, pursuant to the provisions of section 23 of the Federal Highway Act of November 9, 1921, as amended and supplemented, estimated to cost $10,000 or more per mile, exclusive of bridges, shall be advertised and let to contract. If such estimated cost is less than $10,000 per mile, or if, after proper advertising, no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account.

SEC. 4. (a) For the construction, reconstruction, improvement, and maintenance of roads and trails, inclusive of necessary bridges, in national parks, monuments, and other areas administered by the National Park Service, including areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951.

(b) For the construction and maintenance of parkways, to give access to national parks and national monuments, or to become connecting sections of a national parkway plan, over lands to which title has been transferred to the United States by the States or by private individuals, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951.

(c) For the construction, improvement, and maintenance of Indian reservation roads and bridges and roads and bridges to provide access to Indian reservations and Indian lands under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $6,000,000 for the fiscal year ending June 30, 1950, and a like sum for the fiscal year ending June 30, 1951: Provided, That the location, type, and design of all roads and bridges constructed shall be approved by the Public Roads Administration before any expenditures are made thereon, and all such construction shall be under the general supervision of the Public Roads Administration.

SEC. 5. All provisions of the Federal-Aid Highway Act of 1944, approved December 20, 1944 (58 Stat. 838), not inconsistent with this Act, shall remain in full force and effect.

SEO. 6. The first paragraph of section 21 of the Federal Highway Act, approved November 9, 1921 (23 U. S. C. 21), is hereby amended to read as follows:

"That so much, not to exceed 334 per centum, of all moneys appropriated or authorized to be appropriated for expenditure under the provisions of this Act, as the Federal Works Administrator may deem

necessary for administering the provisions of this Act and for carrying on necessary highway research and investigational studies independently or in cooperation with the State highway departments and other research agencies, and for publishing the results thereof, shall be deducted therefrom for such purposes when the apportionment is made and the amount so deducted shall be available until expended from appropriations made under the provisions of this Act: Provided, That should the apportionment of the amounts authorized for the third postwar fiscal year be made in accordance with section 4 of the FederalAid Highway Act of 1944 before the approval of this Act, a revised apportionment may be made and the increased amount authorized by this section deducted for administration, research, and investigational studies."

SEC. 7. This Act may be cited as the "Federal-Aid Highway Act of 1948". Approved June 29, 1948.

AMENDMENT TO THE REGULATIONS FOR CARRYING INTO EFFECT
THE PROVISIONS OF THE FEDERAL-AID HIGHWAY ACT OF 1944

Paragraph (g) of Section 1.10 Construction and contracts of the regulations under the Federal-aid Highway Act of 1944 and the Federal-aid Road Act of July 11, 1916, as amended and supplemented, issued April 21, 1945, is hereby amended to read as follows:

(g)

All contracts for projects under the act shall contain suitable stipulations designed to insure that the contractor shall perform with his own organization work amounting to not less than 50 percent of the combined value of all items of work covered by the contract for each project: Provided, however, That any work under the contract which will require highly specialized knowledge, craftsmanship, or equipment not ordinarily available in contracting organizations qualified to bid on the project, may be designated and shown in the advertised specifications as "Specialty Items" and the items so designated may be performed by subcontract without regard to

the above limitation.

Effective May 21, 1948.

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