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SEC. 1.21 Payments.-Vouchers in the form provided by the Commissioner and certified as therein prescribed, showing amounts expended on any project and the amount claimed to be due from the Federal government, shall be submitted by the State highway department to the Public Roads Administration, either after completion of the project or as the work progresses.

SEC. 1.22 Advance of funds.-If necessary to enable any State highway department to make prompt payment for work as it progresses and thereby insure expeditious completion of projects, the Commissioner may advance the Federal share of the cost of such projects to any State that does not after June 30, 1945, divert to other than highway uses road-user revenues in violation of section 12 of the act of June 18, 1934 (48 Stat. 995). Such advances shall be made in such manner and subject to such conditions as may be prescribed by the Commissioner.

SEC. 1.23 Delegation of authority. In carrying out the provisions of the act, the Commissioner is hereby authorized to delegate such of the duties and responsibilities imposed upon him to such official or officials of the Public Roads Administration as in his judgment will result in economy and efficiency in effectuating the purposes of the act and of these regulations.

SEC. 1.24 Operating procedures and instructions.-The Commissioner is hereby authorized to issue such operating procedures and instructions not in conflict with the act or with these regulations as he may deem necessary for carrying out the provisions and effectuating the purposes of the act and these regulations, and all such operating procedures and instructions issued by him shall be and continue in full force and effect from the date on which issued or made effective until modified or revoked by him.

SEC. 1.25 Application of regulations.-These regulations shall apply to all provisions of the act and to all classes of projects thereunder, shall take effect upon approval, and shall supersede the rules and regulations approved by the Secretary of Agriculture February 27, 1935, "For Carrying out the Federal Highway Act (Except the Provisions Thereof Relative to Forest Roads)," the rules and regulations approved by the Secretary of Agriculture January 13, 1939, "For Construction of Secondary or Feeder Roads Under Act of June 8, 1938," and the rules and regulations approved by the Secretary of Agriculture April 11, 1939, "For Elimination of Hazards at Grade Crossings Under Act of June 8, 1938," and all amendments thereof.

REGULATIONS FOR ADMINISTERING FOREST HIGHWAYS

(Approved by the Secretary of Agriculture April 17, 1945, and by the Federal Works Administrator May 10, 1945)

BASIS

Applicable portions of the Federal Highway Act, approved November 9, 1921, especially section 23 of the said act (42 Stat. 218, 23 U. S. C. 23), as amended and supplemented; and section 6 of the act approved September 5, 1940 (54 Stat. 869, U. S. C. 23b).

CONTENTS

Regulation

1. Definitions.

2. Apportionment.

3. The forest highway system.

4. Selection of forest highway program.

5. Cooperative agreements.

6. Surveys.

7. Construction.

8. Maintenance.

9. Records and accounting.

10. Commissioner's report.

11. Application of regulations.

REGULATIONS

REGULATION 1-DEFINITIONS

For the purpose of these regulations the following terms, respectively, shall

mean:

SECTION 1. Secretary.-The Secretary of Agriculture of the United States. SEC. 2. Administrator.-The Federal Works Administrator of the United States. SEC. 3. Commissioner.—The Commissioner of Public Roads, Public Roads Administration, Federal Works Agency.

SEC. 4. Forester.-The Chief of the Forest Service of the Department of Agriculture.

SEC. 5. State.--Any State, Territory, or insular possession eligible to receive forest highway funds.

SEC. 6. State highway department.-As defined in the Federal Highway Act. SEC. 7. County authorities.-The commissioners, supervisors, or other officials charged by law with the selection of roads in a county, road district, or town, and with the expenditure of funds for road building and maintenance.

SEC. 8. Division engineer.-The division engineer of the Public Roads Administration.

SEC. 9. Regional forester.-The regional forester of the Forest Service.

SEC. 10. Forest roads.-Roads wholly or partly within, adjoining or adjacent to and serving the national forests.

SEC. 11. Forest highways.-Those forest roads of primary importance to the State, counties, or communities and which are selected and designated by the Secretary and the Administrator as constituent parts of a forest highway system. SEC. 12. Forest highway fund.-Any authorization or appropriation made for forest highways.

SEC. 13. Construction.—Reconstruction and improvement of roads as well as original construction.

SEC. 14. Highway planning survey.-The nation-wide cooperative survey of highways and highway transportation by the highway departments of the States and the Public Roads Administration.

SEO. 15. Maintenance.—The preserving and keeping, through constant attention, of each roadway and roadside structure and facility as nearly as possible in its original condition as constructed, or as subsequently improved, to provide satisfactory and safe highway service.

REGULATION 2-APPORTIONMENT

SECTION 1. From such information, investigations, and sources as the Forester shall deem most accurate he shall prepare a tabulation showing the areas and value of the national forest land in each State, including the value of forage and timber. This tabulation, when approved by the Secretary, shall serve as the basis of apportionment for the forest highway fund.

SEC. 2. On or before January 1 of each year the Secretary shall apportion among the several States, Alaska, and Puerto Rico the forest highway fund authorized for the next succeeding fiscal year as follows: One-half in the ratio that the area of national forest land in any State bears to the total area of such land in all States, and one-half in the ratio that the value of national forest land in any State bears to the total value of such land in all States, subject to any modifications that future legislation may require.

SEC. 3. Ten percent not exceeding $100,000 of the amount so apportioned to each State shall be held as a reserve and the balance shall be made available immediately after apportionment for the forest highway work program. Allotments will be made from this reserve for administration and, in special cases, to programmed projects. Any balances in the reserve will be entirely released for programming not later than the date of the apportionment of the succeeding fiscal year authorization. At the beginning of the fiscal year for which the funds are authorized, allotments will be made from the reserve to cover the administra

tive requirements of the Public Roads Administration and the Forest Service. REGULATION 3-THE FOREST HIGHWAY SYSTEM

SECTION 1. Forest highways shall be determined by the Secretary and the Administrator and shall be classified as follows:

Class 1.-All forest highways on the Federal-aid highway system.

Class 2.-All forest highways which are on an approved primary State highway and not in class 1.

Class 3.-All forest highways on the secondary or feeder-roads system and any other forest road, of primary importance to the counties or communities, when designated as a forest highway.

SEC. 2. The forest highway system previously approved by the Secretary may be increased or decreased in mileage by addition or deletion of sections from time to time, in accordance with the following procedure:

The division engineer shall request from each State highway department a map showing the roads within or adjacent to the national forests which the State highway planning survey shows to be of primary importance to the States, counties, or communities and which, therefore, may be proposed for inclusion in the forest highway system. The division engineer will furnish a copy of this map to the regional forester for his comments and suggestions. Subsequently the division engineer will arrange a conference with the State highway department and the regional forester to agree on recommendations of routes to be included in the forest highway system. A map of the routes selected at this conference shall be submitted by the Commissioner and the Forester, with their recommendations, to the Secretary and to the Administrator for final action.

REGULATION 4-SELECTION OF FOREST HIGHWAY PROGRAM

SECTION 1. After each authorization of appropriations by Congress for forest highways the division engineer shall request each State highway department to submit to him and to the regional forester a map and a corresponding list of forest highway projects proposed for the fiscal period covered by such authorization, including its recommendations on all projects proposed to it by counties, communities, or other agencies.

The regional forester may call upon the division engineer for any necessary investigations to supply him accurate and full information on any projects proposed by the State or county.

SEC. 2. Projects included in the forest highway programs shall be based upon the following considerations:

(1) Provision for the maintenance of roads existing or under construction. (2) The completion of necessary surveys.

(3) Findings of the highway planning survey.

(4) Benefit to forest development, protection, and administration, as indicated by the transportation plan of the Forest Service.

(5) Construction correlation with military requirements and with adjacent Federal and State road programs.

(6) The economy of continuity of operations and ability of cooperators to maintain adequately the improvement.

SEC. 3. Within 60 days following the receipt of the maps and lists required by section.1, the division engineer shall arrange for a joint conference with the State highway department and the regional forester for consideration of a program for the fiscal period of the authorization. A joint report of this conference shall be filed by the division engineer with the Commissioner and by the regional forester with the Forester.

SEC. 4. Following the joint conference report the Commissioner and the Forester each year shall prepare a Forest highway work program for the ensuing fiscal year, and following the Secretary's apportionment, as provided in Regulation 2, the Commissioner shall submit such work program to the Administrator and the Secretary for their approval.

SEC. 5. The approved forest highway work program may be modified on recommendation of the Commissioner and the Forester with the approval of the Administrator and the Secretary.

REGULATION 5 COOPERATIVE AGREEMENTS

SECTION 1. A cooperative agreement for any project which involves financial

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 ARÉAS 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

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