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RIGHT OF WAY OVER UNION PACIFIC RAILROAD

[41 STAT. 304)

An Act Authorizing the Union Pacific Railroad Company, or its successors, to convey for

public-road purposes certain parts of its right of way

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That the Union Pacific Railroad Company, or any of its successors or assigns, is hereby authorized to convey to any State, county, or municipality any portion of its right of way, to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of said railroad company to a less width than fifty feet on each side of the center of the main track of the railroad as now established and maintained. Received by the President, October 10, 1919.

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(Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.)

Act of October 22, 1919 (41 Stat. 304).

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INDEX TO LEGISLATION

(Rules and regulations not indexed in detail]
A

Page Authorizations and appropriations-Con. Page

Emergency Relief and Construction Act
Accounting division for highway accounts,

of 1932

33, 37, 42
Secretary authorized to establish.

6 Emergency Relief and Construction Act
Administration, research, and investigation:

of 1932 available to September 1, 1934.- 42
act of April 8, 1935, not available for, when

emergency construction under Hayden-
covered by annual appropriations.

50
Cartwright Act...

44
deductions for, 3 percent.

2

Emergency Relief Appropriation Act of
deductions for, 212 percent.

9
1935.

46
reapportionment of funds for

9

emergency construction under Emer.
Secretary to determine amount necessary

gency Relief Appropriation Act, 1935.- 52
for...

2,9 expenditures for forest roads not to exceed
Advances to States:

State's authorized apportionment, ini-
act of 1930.

29

tial provision (see also respective acts).. 13
act of 1932.

i IIIIIIIIII

iiiii

33
Federal aid, 1917-21....

1,4
amendments to act of 1932
37, 42 Federal aid, 1922.

9
not to be repaid...-
46 Federal aid, 1923.

11, 13, 16
Alaska:

Federal aid, 1924.

11, 14, 16
authorization for expenditures for public

Federal aid, 1925.

11, 15, 16, 18, 19
highways in.
49 Federal aid, 1926.

16, 17, 19, 21
cooperation with Dominion of Canada.. 127 Federal aid, 1927

16, 17, 21, 22, 23
expenditures limited to $350,000 during

Federal aid, 1928

20, 22, 23, 25
1933, 1934, and 1935..
33, 37, 43 Federal aid, 1929

20, 25, 27
oxpenditures limited to $250,000 during

Federal aid, 1930.

24, 25, 27, 30
1936 and 1937.
53, 54 Federal aid, 1931.

24, 26, 30, 31
road to connect United States with.
127 Federal aid, 1932

26, 31, 32
Annual reports. See Reports.

Federal aid, 1933.

26, 32, 34, 36, 51, 53
Apportionment:

Federal aid, 1935.

47
available when requirements of act met.. 7 Federal aid, 1936.

44, 51, 53
available for obligation for 2 years after

Federal aid, 1937

44
close of fiscal year for which authorized. 10 Federal aid, 1938.

54
available for expenditure for 1 year after

Federal aid, 1939-

54
close of iscal year for which authorized. 45, 54 Federal aid, National Recovery Act.

39
certificate by Secretary of Agriculture.- 2,10 Federal aid for secondary roads, 1938 and
expenditures for forest roads not to ex-

1939..

56
ceed State's authorized apportionment,

flood relief, Alabama.

102, 104, 105, 106
initial provision (see also respective

flood relief, Alabama available to June
acts) -

13
30, 1935.

106
Federal-aid, factors of... 2, 6, 10, 23, 40, 48, 56

flood relief, bridge at Hazard, Ky.

104
Federal-aid, time of apportionment... 10, 17, 55

flood relief, Florida.

105
forest roads, factors of..

10,55
flood relief, Georgia.

102, 104, 105, 106
forest roads, time of apportionment..

20, 55

flood relief, Georgia, South Carolina, and
no State to receive less than 12 of 1 percent

Alabama continued available --- 104, 105, 106
of each year's allotment.

10 flood relief, Missouri, Mississippi, Louisi-
Postmaster General's certificate.

10
ana, and Arkansas.

101
reapportionment. See Reapportionment

flood relief, South Carolina... 103, 104, 105, 106
of funds.

flood relief, Vermont, New Hampshire,
to be expended on Federal-aid system... 7

and Kentucky..

101, 104
where internal improvement or debt pro-

floods, urri nes, earthquakes, land-
hibited by State constitution or laws. 2, 4,

slides under act of June 18, 1934..

44
11, 12, 17, 20
forest roads, 1917-26.

3
Appropriations. See Authorizations and

forest roads, 1919-21.

5
appropriations.

forest roads, 1922-23.

10
Approval by Secretary of Agriculture of

forest roads, 1924.

11, 12, 13, 14
Federal-aid construction..

8
forest roads, 1925.

11, 12, 14, 16
Assent of governor pending legislation.

1
forest roads, 1926.

17, 18, 19
Assent of legislature to Federai-aid road act.. 1

forest roads, 1927

17, 19, 20, 21
Assignments by contractors. See Contracts.

forest roads, 1928.

20, 22
Authorizations and appropriations:

forest roads, 1929.

20, 22, 24
access roads to national parks, etc.

56
forest roads, 1930.

24, 25, 27
approach roads to national parks, etc.. 117 forest roads, 1931.

24, 26, 27, 28, 29, 31
Alàska, expenditures limited to $350,000,

forest roads, 1932

26, 31, 32
1933, 1937, 1935.
33, 37, 43 forest roads, 1933.

26, 32, 35, 37, 43, 52
Alaska, expenditures limited to $250,000,

forest roads, continued during 1934.

37
1936, 1937

53, 54
forest roads, 1935.

47
approval of forest road projects under,

forest roads, 1936.

45, 52, 54
deemed a contractual obligation, initial

forest roads, 1937.

45, 54
provision (see also respective acts) 11 forest roads, 1938.

55
approval of projects by Secretary within

forest roads, 1939.

55
3 years--

17 forest roads, sec. 205, National Recovery
availability of. See Apportionment.

Act.

40
deductions for advances under emergency

forest roads, available for construction of
acts of 1930 and 1932..

29, 33, 46

buildings. (See Equipment and sup-
Emergency Construction Act, December

plies.)
20, 1930, for Federal-aid highways and

grade crossing elimination, act of April 8,
Federal-lands highways..

29, 32
1935..

48
133

Authorizations and appropriations-Con. Page

grade crossing elimination, 1938 and 1939. 56
Hayden-Cartwright Act.

44
Indian reservation highways, 1931.

29
Indian reservation highways, continued
during 1933..

32
Indian reservation highways, 1933.

35
Indian reservation highways, continued
during 1934.

37
Indian reservation highways, 1934

40
Indian reservation highways, continued
during 1935.

43
Indian reservation highways, 1935-

47
Indian reservation highways, 1936

52
Indian reservation roads, 1936, 1937. 45, 54
Indian reservation roads, 1938.

54
Indian reservation highways, 1938 and
1939..

55. 56
inter-American highway.

46, 115, 122
international road congress

124
Monticello road

46, 122
Natchez Trace Parkway

118
National Recovery Act.

37
park highways, 1924-27

113
park highways, 1932–33.

117
park highways, 1933.

35
park highways, 1935.

17
park highways, 1936-37

45
park highways, 1934, National Recovery
Act..

40
park highways, 1938 and 1939.

55, 56
public lands highways, 1931.

29
public lands highways, continued during
1933.

32
public lands highways, 1933

35
public lands highways, continued during
1934

37
public lands highways, 1934.

40
public lands highways, continued during
1935

43
public lands highways, 1935.

47
public lands highways, continued during
1936.

52
public lands highways, 1936, 1937

45, 54
public lands highways, 1938

54
public lands highways, 1939

55
reapportionment of. See Reapportion-

ment of funds.
testing laboratory, funds for.. 27, 28, 52, 53
Washington-Lincoln Memorial Gettys-
burg Boulevard.

123
Automobiles. See Motor vehicles.
Availability of funds. See Apportionment.

Claims:

Page
contractors'. See Contracts.
fraudulent..

12, 50, 121
laborers'. See Labor.
Codes of fair competition..

127
Construction. See Contracts, Federal-aid

system, Forest roads, etc.
Contingencies. See Engineering and con-

tingencies.
Contracts:

assignment by contractor under National
Recovery Act.

41
based on bids submitted prior to August

29, 1935 (code compliance) may be
modified.

127
bond required on public works.

125, 126
certified copies furnished by Comptroller
General on application..

126
claims of increased cost due to code com-
pliance..

120
construction and labor under State laws.. 8
8-hour law.

129
forest roads to be advertised and let.

11
labor and materials, action on bond.. 126
may be terminated for violation wage
provisions.

129
relief to contractors whose costs were in-

creased by compliance with National
Recovery Act.

120
required when estimate for forest roads is
$5,000 or more per mile.

11
subject approval Secretary.

8
undertaken by highway departments (see
also Labor).

8
Contractual obligations may be entered into

under authorization, initial provision (see
also respective acts).

11
Convict labor:

may be made available to Federal depart-
ments by Attorney General.

116
restriction on employment by States. 32.

5, 36, 40, 43, 51, 53
Cooperation:

cooperative agreements for forest roads. 3, 5, 11
highway planning -

45, 46
from administrative funds.

9
for forest roads.

3, 5, 11
with Department of the Interior.-- 6, 28, 30, 117
with Dominion of Canada.

127
with other Federal agencies and deduc-

tion for equipment and supplies fur-
nished.

36, 43, 52, 53, 113
with Pan American Union.

46
with research agencies.

9
with State highway departments, terri-

tories and civil subdivisions. 1, 3, 6, 9, 11, 28, 30
Cooperative agreements. See Cooperation.
Cost per mile, limitation of Federal partici-

pation in. See Participation in cost.
Council of national defense:

powers and duties of agencies dealing

with highways in National parks, mili-
tary or naval reservations to remain
under jurisdiction such agencies.

6
powers and duties of, relating to highways

transferred to Secretary of Agriculture. 6

B

Bids submitted prior to August 29, 1935, not

to be rejected because subject to code com-
pliance

127
Bieber building, Washington, D. C., lease for. 16
Bonds:

payment bond on public works of the
United States..

125, 126
performance bond on public works of the
United States..

125, 126
repeal of act of August 13, 1894..

126
Bridges:

Federal participation. See Participation

in cost.
included in term “highway".

6
railroad grade separations included in
term.

12
toll. See Tolls.
within municipalities.

23
Bridges and culverts included as roads

1
Buildings for storage of equipment. See

Equipment and supplies.

C

D
Deductions:

administrative. See Administration, etc.

for advances. See Advances to States.
Definitions of terms...---. 1, 4, 5, 6, 12, 34, 35, 40, 45
District of Columbia:

included in apportionment under Emer-

gency Relief Appropriation Act 1935.. 48
included in term “State" in National
Recovery Act, sec. 204..

40
included in act of June 16, 1936.

56
Diversion of motor vehicle revenues, effect on

Federal aid.
Domestic materials, use of.

117
Drainage structures included in term “high-
way”.

6

[blocks in formation]

45, 55

40

3

E

Page
Emergency advances to States.. 29, 33, 37, 42, 46
Emergency authorizations and appropria-
tions:
advances to be repaid.

Federal-aid system-Continued.

Page
highways and rural post roads defined.-- 1,4,

6, 35, 45, 55
improvement of, in municipalities.. 6, 23, 39, 46
in Hawaii.

14, 30, 35, 40
includes main State parkways.. 35, 45, 55
includes rights of way, bridges, drainage

structures, signs, guard rails, and pro-
tective structures.

6
maintenance of. See Maintenance.
maps to be published annually.

9
preference in construction. See Prefer-

ence.
primary, selection and increase of..

7,35
protection of..

9
research and investigational studies..

9
rules and regulations

58
rural post roads defined.

1,4
safety of traffic-recommendations to

Congress and highway departments. 9
safety protective devices necessary for
receipt of Federal-aid..

56
secondary, selection and increase of..

7, 35
7 percent system, additions to..

7,35
7 percent system, approval by Secretary. 7
7 percent system, limited to mileage of
record.

7
7 percent system, may be exceeded

23
7 percent system, revision of submitted
to Secretary.--

7
7 percent system, selected and designated
by highway departments..

7
type of construction..

7
tolls. See Tolls (see also Authorizations

and appropriations).
Federal Emergency Administration of Pub-
lic Works.

37, 50
Federal Highway Act:
act to be cited as

5
Federal participation. See Participation

in cost.
includes Federal-aid Road Act and
amendments

5
inconsistent acts or parts of acts repealed. 12
invalidity any section not to affect re-

mainder
term “Federal-aid Act" defined

5
Federal participation. See Participation in

cost.
Feeder roads.

36, 56
Flood relief. See Authorizations and appro-

priations.
Footpaths, construction of under National
Recovery Act.

39
Force account work by Federal Government
authorized

9, 11
Foreign materials, use of.
Forest roads:
advertising and award of contracts.

11
approval of project under apportion-
ments deemed a contractual obligation.

initial provision. See respective acts.-- 11
apportionment of funds..

10, 20, 55
authorizations available for construction

of buildings and for storage facilities.

See Equipment and supplies.
cooperative agreements for.

3, 5, 11
cooperation with States, etc., not re-
quired.

11
defined

6, 10, 19
expenditures not to exceed State's author-

ized apportionment, initial provision

(see also respective acts).
expenditures not to exceed 10 percent of

11, 12

117

29, 33
advances not to be repaid.

46
Emergency Relief Appropriation Act of
1935..

52
floods, extraordinary. See Authoriza-

tions and appropriations.
floods, hurricanes, earthquakes, land-
slides.

44
Hayden-Cartwright Act of 1934..

44
limited to work before September 1, 1934. 34,

37,42
loans from Reconstruction Finance Cor-

poration to be repaid from future allot-
ments Federal aid..

33
may be used to match regular Federal aid. 34
mileage limitation not to apply. 35, 39, 40
minimum wages..

35, 40
National Recovery Act.

37
term “highway" includes main State
parkways.

35, 45, 55
$80,000,000 advanced to be repaid from
future apportionments..

29
$120,000,000 appropriation for Federal-aid

system (see also Authorizations and
appropriations)...

34
Employees:

authorized in Washington and elsewhere. 3
must be taken from Civil Service eligibles
(see also Labor)

3
Engineering and contingencies:
depreciation on equipment to be charged

other Government services and credit-

ed to appropriation... 36, 43, 52, 53, 113
regular Federal-aid projects, reimburse-

ment to States on, limited to 10 percent. 2,8
projects other than regular Federal-aid,
reimbursement to States..

39, 44
services for other Federal agencies (see
also Cooperation)

36, 43, 52, 53, 113
Equipment and supplies:

building for storage of, $1,500 limit, and
rental of facilities..

20, 22, 24
building for storage of, $2,500 limit, and
rental of facilities.

33, 37, 43, 53, 54
depreciation of equipment may be in-
cluded and credited to appropriation
on charges to other Government serv-
ices.

36, 43, 52, 53, 113
equipment depot, Government Island.. 37
equipment depots, $15,000 for land,
$120,000 for buildings..

27, 31
equipment depots, $15,000 for land,
$200,000 for buildings.

53
purchase of..

3
warehouse maintenance, handling and
storage.

53
Estimates. See Surveys, plans, specifica-

tions, and estimates.
Explosives, reclamation and disposition.... 17
Expenditures. See Reimbursement to

States, Federal-aid system, Forest Roads,
etc.

value of timber and forage resources...
force account work authorized..
includes Alaska and Porto Rico

10
lease, hire, or rent of facilities for.

11
maps to be published annually.

9, 27
preference given roads on Federal-aid sys-
tem.

26
preference to projects to be constructed by

same standards as Federal-aid roads.. 27
purchases, supplies, equipment, and
facilities for

11
rules and regulations.

92
salaries and expenses in connection with. 11
war materials for..

5, 6, 17

9,11

False reports, etc., fine and imprisonment for
making -

12, 50. 121
Farm to market roads..

36, 56
Federal-aid system:

apportionment of funds. See Apportion-

ment.
allotments for primary and secondary
systems

7,35
authorization for

7
construction defined..

1,6, 7
construction in accordance with State
laws..

8
designation and selection of

7,35
division into two classes--primary or

interstate, and secondary or intercity-- 7
expenditures limited to system..

7
extension of

7,35
Federal participation. See Participation

in cost.

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6,7

Forest roads-Continued.

Page !

K

Page
50 percent of appropriations for forest de-
velopment roads.

10 Kick-back Act, penalty for violation of...... 119
50 percent of appropriations for forest
highways (see also Authorizations and

L
appropriations).

10 Labor:
Fraudulent claims..

12, 50, 121
claims for wages.

129
Funds:

contract may be terminated for failure
provision for State..

7

to pay required wages to employees.... 129
under direct control of highway depart-

convict, see Convict labor.
ment (see also Authorizations and ap-

deductions by contractors from wages not
propriations).

permitted.

128
disbarment for failure to pay.

129
G
8-hour day on public works.

129
Gallup-Durango Highway maintenance au-

Federal Government to withhold from
thorized.

15
contractors amounts due laborers.

128
45, 55
Gasoline tax, diversion.

41

human labor in lieu of machinery
Gasoline taxes may be levied on sales on

just and reasonable wages under National
Federal reservations.

56
Recovery Act.

40
Gettysburg, commission for Washington-

“Kick-back” Act, penalty for violation.. 119
Lincoln Gettysburg Memorial Boulevard.. 122

minimum wage rates predetermined by
Government Island, $800,000 for buildings

highway departments.-

35, 40
continued during 1934.

37

penalty for violation of labor provisions.. 119
Grade crossing elimination. See Railroad

preference to soldiers, sailors, and marines 4,5
grade crossings.

preference first to ex-service men with
Guard rails, included in term "highway".- 6

dependents.

35, 41
preference to persons on relief under Emer-
H

gency Relief Appropriation Act 1935... 49
Hawaii:

right of action for wages.

129
authorization of $880,000 to cover 1917-25

Secretary of Labor to determine wage
period.

30
rates.

128
expenditure on roads agreed upon by

subject to State laws.

8
Governor and Secretary of Agriculture. 30

to be paid once a week.

128
extension of Federal aid to..

14

wages of laborers and mechanics on public
included in term “State" in National

works contracts.

128
40
Recovery Act.

30-hour week.

35, 40
payments to depository designated by

Laboratory, testing, appropriations and
Territory...

30

authorizations for (see also Administra-
preference to projects connecting seaports

tion).

27, 28, 52, 53
with national parks..

14

14
preference to projects for national defense.

M
Hayden-Cartwright Act..

44

Maintenance:
Highway departments. See State highway

by Secretary of Agriculture.

8
departments.

charge against State's allotments 3, 8, 39
Highways. See Federal-aid system.

contract for by Secretary.

8
Highway Planning authorized..

45, 56
defined..

1,6
Hours of labor. See Labor.

duty of States.

3,8, 39
failure to maintain-notification of.

3,8
I

purchase of supplies and equipment for by
Secretary-

8
Indian lands in connection with Federal aid. 17,

reimbursement to Federal Government
23 28
for..

8
Indian Reservation roads:

Secretary to refuse to approve projects be-
appropriations reimbursable from tribal

cause of lack of..

3,8
funds.

15

Maps:
authorization of $20,000 each year for

of Federal lands highways.

28
maintenance Gallup-Durango High-

of Federal-aid and forest roads, annual.. 9,27
way

15
progress maps.

9
cooperation with highway departments

publication of systems selected and ap-
and Interior Department

6, 28, 30, 117
proved.---

9
cost of paid from allotments to States

Materials, use of domestic:
where reservation located.

6
funds authorized for which no other ap-

contractor violating act barred from
awards for 3 years..

117
propriations available.

114

exception where inconsistent with public
main roads through (act June 24, 1930)

interest or cost unreasonable

117
(see also Authorizations and appropria-
tions).

purchase of domestic on public works of
28
United States.

117
Injured employees, limitation on payments
under Emergency Relief Appropriation

Mileage limitation. See Participation in cost.
Act 1935.

49

Minimum wages predetermined by State
Inspection:

highway departments -

35, 40
by Secretary of Agriculture of Federal-

Monticello, appropriation for road within., 46, 122
aid work (see also Engineering and con-

Motor vehicle revenues, diversion of..--.--. 45, 55
tingencies)

8 Motor vehicles:
Inter-American Highway:

purchase limitation.

36, 43, 52, 53
appropriations for.
46 State revenues from, diversion of..

45, 55
appropriations of $50,000 for survey.

115 traffic laws, report on status of uniform.. 57
appropriations for survey and construc-

when State revenues insufficient for road
tion..

122

construction, Federal funds need not be
authorization for.

115

matched during fiscal years 1936 and
authorization for surveys from adminis-

1937.

65
trative funds.

122 see also War materials.
cooperation with the Pan-American

Municipalities:
Union.
114 bridges in, Federal-aid for

23
International Road Congress, appropriation

eligible for Federal-aid if houses average
for

124

more than 200 feet apart.
Investigational studies. See Administration,

extension Federal-aid system into. 39, 46
research, and investigation, and Coopera-

highways in, Federal aid for..

23
tion.

interstate bridges in.

23

6, 23

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