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TITLE 23.-HIGHWAYS

Chap.

Sec. 1. Federal Highway Aid... 2. Miscellaneous Provisions... 3. Defense Highway Aid.........

Chapter 1.-FEDERAL HIGHWAY AID Sec.

Citation.
2. Definitions.
2a, 2b. Transferred.
3. Powers and duties of Secretary of Commerce; co-

operation with state highway departments and
Department of the Interior; allocation of funds;

distribution of maps and information.
Highways in Indian reservations and national

parks and monuments.
Basis of apportionment of funds to States.
Establishment of accounting division.
Transfer of war material suitable for highways; dis-

tribution.
Projects to receive Federal aid; approval by Secre-

tary of Commerce; two classes of highways.
6a. Percentage of highway mileage of State on which

Federal funds may be expended as affected by
national forest, Indian, or other Federal Reserva-

tion therein.
68-1. Priority of approval of national defense highway

projects. 6b, 6c. Omitted. 7. State funds to be provided. 8. Character of construction, etc., required; approval

of Secretary of Commerce. 8a. Approval of methods of bidding, plans and speci

fications. 9. Freedom from tolls. ga. Federal aid to toll bridges. 9a-1. Same; additional ald. 9b. Same; section 9 inapplicable. 10. Width of right of way and wearing surface. 10a. Planting and maintaining shade trees along Fed

eral-aid highways. 10b. Construction of roadside and landscape develop

ments; preservation of natural beauty. 10c. Flight strips adjacent to public highways. 11. Funds apportioned to States; when payable. 12. Submission of project statements; approval; setting

aside share of Federal ald. 122. Amount of Federal aid per mile; limitation of pay

ments. 12b. Projects bypassing cities and towns; public hear

ings. 13. Construction and reconstruction work; how con

ducted.
13a. Emergency relief fund for repair or reconstruction

of highways or bridges.
Same; use by States of unobligated funds previously

apportioned; effective period.
14. Payment to States of Federal ald; time and manner

of making.
14a. Depreciation of equipment; charges credited to ap-

propriation
Failure of State to maintain Federal-aid road; duty

of Commissioner. 18.

Maps of Federal-ald roads. 17.

Consent by United States to conveyance of prop

erty acquired therefrom.
Appropriation of public lands for highway purposes;

reversion.
Prescription of rules and regulations by Secretary

of Commerce.
Reports to Congress by Secretary of Commerce.

Page 3095

Sec.
20a. Service surveys for classification of highways; re-

ports to Congress.
Deduction for administration and research; ap-

portionment of remainder among States. 218. Apportionment of appropriations among States;

approval of projects. 21b. Reapportionment of unexpended appropriations. 21c. Use of funds for engineering costs on national

defense highways. 21d. Use of funds for post-war highway improvements,

limitation of expenditures. 21e. State bonds to accelerate improvement of high

ways. 22. Certification of disposition of appropriation. 23. Forest roads and trails; appropriation; manner of

expenditure. 23a. Same; manner of expenditure of appropriation;

approval of projects. 23b. Same; administration of appropriation. 23c, 24. Omitted. 24a. Safety protective devices at railroad crossings and

drawbridges. 25. Effect of partial invalidity. 26. Impounding or withholding certain appropriations

prohibited unless use of critical material is cer

tified by Office of Temporary Controls. 8 1. Citation.

The act of November 9, 1921, ch. 119, 42 Stat. 212, may be cited as the Federal Highway Act. (Nov. 9, 1921, ch. 119, § 1, 42 Stat. 212.)

REFERENCES IN TEXT The Federal Highway Act, referred to in the text, is classified to sections 1, 2, 3, 3a, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15—20, 21, 22, 23, and 25 of this title and section 3 of Title 50, War and National Defense.

82. Definitions.

When used in this chapter, unless the context indicates otherwise

The term "highway" includes rights of way, bridges, drainage structures, signs, guard rails, and protective structures in connection with highways.

The term "highway” as herein defined shall also be deemed to include such main parkways as may be designated by the State and approved by the Secretary of Commerce as part of the Federalaid highway system and that portion of any interstate or international bridge and the approaches thereto, the cost of which is assumed by the State highway department, including such facilities as may be required by the Bureau of Customs and Immigration and Naturalization Service of the Department of Justice in connection with the operation of such bridge.

The term “State highway department” includes any State department, commission, board, or oficial having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Commerce the duties herein required.

The term “maintenance" means the constant making of needed repairs to preserve a smooth-surfaced highway.

13b.

15.

The term “construction” means the supervising, inspecting, actual building, and all expenses, including the costs of rights-of-way, incidental to the construction of a highway, except locating, surveying, and mapping.

The term "reconstruction" means a widening or a rebuilding of the highway or any portion thereof to make it a continuous road, and of sufficient width and strength to care adequately for traffic needs.

The term “forest roads" means roads wholly or partly within or adjacent to and serving the national forests.

The term “State funds" includes, for the purposes of this chapter, funds raised under the authority of the State, or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department.

The term “bridges" includes railroad-grade separations, whether by means of overhead or underpass crossings. (Nov. 9, 1921, ch. 119, $ 2, 42 Stat. 212; June 19, 1922, ch. 227, § 4, par. 3, 42 Stat. 660; Mar. 3, 1927, ch. 348 88 1-3, 44 Stat. 1381, 1832; May 21, 1928, ch. 660, $ 4, 45 Stat. 683; June 18, 1934, ch. 586, $ 13, 48 Stat. 995; June 16, 1936, ch. 582, $ 1 (c), 49 Stat. 1519; June 8, 1938, ch. 328, $ 1 (e), 52 Stat. 634; 1939 Reorg. Plan No. I, $$ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; 1940 Reorg. Plan No. V. eff. June 14. 1940, 5 F. R. 2223, 54 Stat. 1238; July 13, 1943 ch. 236. § 1. 57 Stat. 560; June 30, 1949 ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, 82, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT In the original “this chapter" reads “this act”, meaning the Federal Highway Act (act Nov. 9, 1921). For distribution of said act in this Code, see note under section 1 of this title.

CODIFICATION Section, except second and last paragraphs, is from act Nov. 9, 1921. Second paragraph is from acts June 16, 1936, and June 8, 1938. Last paragraph was added by act June 19, 1922. Act Nov. 9, 1921, also affected section 3 of Title 50, War and National Defense.

AMENDMENTS 1943--Act July 13, 1943, amended definition of term "construction".

1934—Act June 18, 1934, which was formerly classified to section 6c of this title, amended section by striking out, in first paragraph defining "highway", the restriction with respect to highways and bridges in municipalities having certain specified populations.

1928–Act May 21, 1928, which was formerly classified to section 6b of this title, amended first paragraph defining "highway" by modifying the restriction with respect to highways and bridges in municipalities having certain specified populations.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to and shall be performed by the Secretary of Commerce or, subject to his direction and control, by

suoh officers, employees, and agencies of the Department of Commerce as he shall designate by 1949 Reorg. Plan No. 7. See note set out under section 1332-15 of Title 5, Executive Departments and Government Oficers and Employees.

All functions of the Federal Works Agency and of all agencies thereof, including the Bureau of Public Roads, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees,

Words "Bureau of Customs" and "Immigration and Naturalization Service of the Department of Justice" were substituted for “United States Customs and Immigration Services" on authority on act Mar. 3, 1927 and 1940 Reorg. Plan No. V, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. See also notes under section 1 of Title 19, Customs Duties.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. 88 2a, 2b. Transferred.

CODIFICATION Section 2a, act June 16, 1936, ch. 582, § 1 (c), 49 Stat. 1619, relating to definition of highway, has become part of second paragraph of section 2 of this title.

Section 2b, act June 8, 1938, ch. 328, $ 1 (e), 52 Stat. 634, relating to definition of highway, has become part of second paragraph of section 2 of this title. 83. Powers and duties of Secretary of Commerce; co

operation with State highway departments and Department of the Interior; allocation of funds; distribution of maps and information. All powers and duties of the Council of National Defense under the act of August 29, 1916, ch. 418, 39 Stat. 619, in relation to highway or highway transport are transferred to the Secretary of Commerce. The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with highways used principally for military or naval purposes, shall not be taken over by the Secretary of Commerce, but such highways shall remain under the control and jurisdiction of such agencies.

The Secretary of Commerce is authorized to cooperate with the State highway departments and with the Department of the Interior, in the survey, construction, reconstruction, and maintenance of main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations other than the forest reservations. Such sums as the Congress may authorize to be appropriated under the provisions of this section shall be apportioned among those States having more than 5 per centum of their area in the lands hereinbefore described and shall be prorated and apportioned to said States in the proportion that said lands in each of said States is to the total area of said lands in the States eligible under the provisions of this sec

tion, and no contribution from the States shall be required in the expenditure thereof: Provided, That in the allocation of any such funds authorized to be appropriated under this section or any subsequent Act preference shall be given to those projects which are located on the Federal-aid highway system as the same may be designated.

The Secretary of Commerce shall prepare, publish, and distribute a map and other information, at least annually, showing the progress made in the expenditures of the funds authorized under this section. (Nov. 9, 1921, ch. 119, § 3, 42 Stat. 212; June 24, 1930, ch. 593, § 1, 46 Stat. 805; 1939 Reorg. Plan No. I, $$ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT The act of August 29, 1916, ch. 418, 39 Stat. 622, to which reference is made in this section, was titled "An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes." See section 3 of Title 50, War and National Defense.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, sections 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Admin. istrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for “Secretary of Agriculture” wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

as added Feb. 20, 1931, ch. 231, § 1. 46 Stat. 1173. and amended 1939 Reorg. Plan No. I, $$ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, 8 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070: Sept. 7, 1950, ch. 912, $ 8, 64 Stat. 789.)

REFERENCES IN TEXT In the original "this chapter" reads "this act,” meaning the Federal Highway Act (act Nov. 9, 1931). For distribution of said act in this Code, see note under section 1 of this title.

AMENDMENTS 1950—Act Sept. 7, 1950, inserted references to national parks and monuments.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7, § 2. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture' wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. DELEGATION OF AUTHORITY; SEPARABILITY OF PROVISIONS

Sections 16 and 17 of act Sept. 7, 1950, the Federal-Aid Highway Act of 1950, which is classified in part to sections 3a, 126, 13a, 15, 21e, 23 note, 59a, and 106 note of this title and sections 8-1 and 460c of Title 16, Conservation, provided :

"Sec. 16. The Secretary is authorized to delegate to the Commissioner of Public Roads any authority vested in him by this Act (sections 3a, 12b, 13a, 15, 21e, 23 note, 59a, and 106 note of this title, and sections 8-1 and 460c of Title 16).

"SEC. 17. If any section, subsection, or other provisions of this Act (said sections] or the application thereof to any person or circumstance is held invalid, the remainder of this Act (said sections) and the application of such section, subsection, or other provision to other persons or circumstances shall not be affected thereby."

8 3a. Highways in Indian reservations and national

parks and monuments. The Secretary of Commerce is authorized to cooperate with the State highway departments and with the Department of the Interior in the construction of public highways within Indian reservations and national parks and monuments under the jurisdiction of the Department of the Interior, and to pay the amount assumed therefor from the funds allotted or apportioned under this chapter to the State wherein the reservations and national parks and monuments are located. (Nov. 9, 1921, ch. 119, $ 3a,

8 3b. Basis of apportionment of funds to States.

Apportionments of funds made under the second and third paragraphs of section 3 of this title, shall be made on the basis of the area of such lands in each State as shown by certificate of the Secretary of the Interior which he is directed to make as of June 30 each year. (Sept. 5, 1940, ch. 715, $ 7, 54 Stat. 869.)

8 4. Establishment of accounting division.

The Secretary of Commerce shall establish an accounting division which shall devise and install a proper method of keeping the accounts. (Nov. 9, 1921, ch. 119, § 4, 42 Stat. 213; 1939 Reorg. Plan No. I. $$ 301, 302, eff. July 1. 1939. 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title,

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture” wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. 85. Transfer of war material suitable for highways; distribution.

CODIFICATION Section, acts Feb. 28, 1919, ch. 69, § 7, 40 Stat. 1201; Nov. 9, 1921, ch. 119, § 5, 42 Stat. 213; and Apr. 9, 1924, ch. 86, 83, 43 Stat. 90, authorized the Secretary of War to transfer certain surplus war materials on hand on November 9, 1921, to the Secretary of Agriculture to be distributed to State highway departments.

receive Federal aid, and the other which shall connect or correlate therewith and be known as secondary or intercounty highways, and shall consist of the remainder of the mileage which may receive Federal aid.

The Secretary shall have authority to approve in whole or in part the systems as designated or to require modifications or revisions thereof: Provided, That the States shall submit to the Secretary for his approval any proposed revisions of the designated systems of highways above provided for.

Not more than 60 per centum of all Federal aid allotted to any State shall be expended upon the primary or interstate highways until provision has been made for the improvement of the entire system of such highways: Provided, That with the approval of any State highway department the Secretary may approve the expenditure of more than 60 per centum of the Federal aid apportioned to such State upon the primary or interstate highways in such State.

The Secretary of Commerce may approve projects submitted by the State highway departments prior to the selection, designation, and approval of the system of Federal-aid highways herein provided for, if he may reasonably anticipate that such projects will become a part of such system.

Whenever provision has been made by any State for the completion and maintenance of 90 per centum of its system of primary or interstate and secondary or intercounty highways equal to 7 per centum of the total mileage of such state, as required by this chapter, said State through its State highway department, by and with the approval of the Secretary of Commerce, is authorized to increase the mileage of the primary or interstate and secondary or inter-county systems by additional mileage equal to not more than 1 per centum of said total mileage of such State, and thereafter to make like increases in the mileage of said systems whenever provision has been made for the completion and maintenance of 90 per centum of the mileage of said systems previously authorized in accordance herewith. (Nov. 9, 1921, ch. 119, $ 6, 42 Stat. 213; July 21, 1932, ch. 520, § 304, 47 Stat. 722; 1939 Reorg. Plan No. I, $$ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch, 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT In the original "this chapter" reads "this act", meaning the Federal Highway Act, act Nov. 9, 1921. For distribution of said act in this Code, see note under section 1 of this title.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, Agencies, and employees, by 1950 Reorg. Plan No. 5, SS 1. 2, eff. May 24, 1950, 18 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

$ 6. Projects to receive Federal aid; approval by Sec.

retary of Commerce; two classes of highways. In approving projects to receive Federal aid under the provisions of this chapter the Secretary of Commerce shall give preference to such projects as will expedite the completion of an adequate and connected system of highways, interstate in character.

Before any projects are approved in any State, such State, through its State highway department, shall select or designate a system of highways not to exceed 7 per centum of the total highway mileage of such State as shown by the records of the State highway department on November 9, 1921.

Upon this system all Federal-aid apportionments shall be expended.

Highways which may receive Federal aid shall be divided into two classes, one of which shall be known as primary or interstate highways, and shall not exceed three-sevenths of the total mileage which may

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees..

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works,

CROSS REFERENCES Federal aid to Hawait. Puerto Rico, and District of Columbia without regard to the limitations of this section, see sections 41–41b of this title.

Strategic highway network, extension of Federal-aid system to, see section 102 of this title. § 6a. Percentage of highway mileage of State on which

Federal funds may be expended as affected by national forest, Indian, or other Federal Reserva

tion therein. The system of Federal-aid highways on which Federal funds may be expended in any State may exceed 7 per centum of the total highway mileage of such State by the mileage of roads on said system within national forest, Indian, or other Federal reservations therein. (May 21, 1928, ch, 660, $ 3, 45 Stat. 683.)

is set out as section 630b (a) of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. &$ 66, 6c. Omitted.

CODIFICATION Section 6b, act May 21, 1928, ch. 660, $ 4, 45 Stat. 683, related to expenditure of Federal funds, and is now incorporated in section 2 of this title,

Section 6c, act June 18, 1934, ch. 586, $ 13, 48 Stat. 995, related to limitations on expenditures, and is now incorporated in section 2 of this title. 87. State funds to be provided.

Before any project shall be approved by the Secretary of Commerce for any state such state shall make provisions for State funds required each year of such States by this chapter for construction, reconstruction, and maintenance of all Federal-aid highways within the State, which funds shall be under the direct control of the State highway department. (Nov. 9, 1921, ch. 119, § 7, 42 Stat. 214; 1939 Reorg. Plan No. I, 88 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, $ 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT In the original “this chapter" reads "this act", meaning the Federal Highway Act, act Nov. 9, 1921. For distribution of said act in this Code, see note under section 1 of this title.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. AVAILABILITY OF UNMATCHED FEDERAL FUNDS DURING FISCAL

YEARS 1942, 1943 Act Sept. 5, 1940, ch. 715, $ 3, 54 Stat. 869, provided that where States were unable to match Federal funds under certain conditions said Federal funds should be made available for use within that State of Federal-aid high

$ 6a-1. Priority of approval of national defense high

way projects. In approving Federal-aid highway projects to be carried out with any unobligated funds apportioned to any State, the Commissioner of Public Roads may give priority of approval to, and expedite and construction of, projects that are recommended by the appropriate Federal defense agency as important to the national defense. (Sept. 5, 1940, ch. 715, $ 19, 54 Stat. 872, June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Department of Commerce to be administered by the Commissioner of Public Roads subject to the direction and control of the Secretary of Commerce by 1949 Reorg. Plan No. 7, § 1. See note set out under section 1332–15 of Title 5, Executive Departments and Govern. ment Officers and Employees.

All functions of the Commissioner of Public Roads were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Said section 103 (a)

1 So in original.

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