Public Law 74–582

That for the purpose

Federal Aid Highway Act of 1916, amendments.

Vol. 39, p. 355; Vol. 42, pp. 212, 661; Vol. 46, p. 805.

U. S. C., p. 969.

Sums authorized for fiscal years 1938 and 1939.

of carrying out the provisions of the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes”, approved July 11, 1916, and all Acts amendatory thereof and supplementary thereto, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums, to be expended according to the provisions of such Act as amended : The sum of $125,000,000 for the fiscal year ending June 30, 1938, and the sum of $125,000,000 for the fiscal year ending June 30, 1939.

Sec. 2.

For the purpose of carrying out the provisions of section 23 of the Federal Highway Act of 1921 there is hereby authorized to be appropriated for forest highways, roads, and trails the following sums, to be available until expended in accordance with

Vol. 42, p. 218.

the provisions of said section 23: The sum of $14,000,000 for the fiscal

Provisos.

Primary, etc., roads.

year ending June 30, 1938; the sum of $14,000,00 for the fiscal year ending June 30, 1939: Provided, That one-third, but not less than $3,000,000, of the appropriation made for any fiscal year for carrying out the provisions of said section 23 may hereafter be expended for the purposes enumerated in the first paragraph of

Time for making apportionments.

clause (a) of said section 23: And provided further, That on or before January 1 of each year the Secretary of Agriculture shall apportion and prorate among the several States, Alaska, and Puerto Rico, as provided in said section 23, the sum authorized for the

Powers of Secretary of Agriculture.

fiscal year immediately following and the Secretary of Agriculture is authorized to approve projects under any such apportionment, and to incur obligations or enter into contracts under his apportionment and prorating of the authorization, and his action in so doing shall be deemed a contractual obligation on the part of the Federal Government for the payment of the cost thereof.

Sec. 3.

For the purpose of carrying out the provisions of section 3 of the Federal Highway Act of 1921, as amended June 24, 1930 (46 Stat. 805), there is hereby authorized to be appropriated for 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

Amounts authorized.

forest reservations, the sum of $2,500,000 for the fiscal year ending June 30, 1938, and the sum of $2,500,000 for the fiscal year ending June 30, 1939, to remain available until expended.

Sec. 4.

For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in the 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

Vol. 46, p. 1053.

roads authorized by the Act of January 31, 1931 (46 Stat. 1053),

Amounts authorized.

as amended, there is hereby authorized to be appropriated the sum of $7,500,000 for the fiscal year ending June 30, 1938, and the sum of $7,500,000 for the fiscal year ending June 30, 1939.

Sec. 5.

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

Amounts authorized.

private individuals, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1938, and the sum of $10,000,000 for the fiscal year ending June 30, 1939:

Proviso.

Determination of location.

Provided, That the location of such parkways upon public lands, national forests, or other Federal reservations shall be determined by agreement between the department having jurisdiction over such lands and the National Park Service.

Sec. 6.

For construction and improvement of Indian reservation

Indian, reservation roads.

Construction, improvement, etc.

Vol. 45, p. 750.

roads under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $4,000,000 for the fiscal year ending June 30, 1938, and the sum of $4,000,000 for the fiscal year ending June 30, 1939: Provided,

Proviso.

Location, type, and design.

That hereafter the location, type and design of all roads constructed under the provisions of said Act of May 26, 1928, shall be approved by the Bureau of Public Roads before any expenditures are made thereon, and all such construction done by contract shall be under the

Contract work supervision.

general supervision of said Bureau.

Sec. 7.

In addition to any other authorizations which have been

Secondary or feeder roads.

made, there is hereby authorized to be appropriated to the several States to be apportioned and expended under the provisions of the Federal Highway Act of 1921, as amended and supplemented: The

Amounts authorized.

sum of $25,000,000 for the fiscal year ending June 30, 1938; the sum of $25,000,000 for the fiscal year ending June 30, 1939: Provided,

Proviso.

Application of funds.

That the sums herein authorized shall be applied to secondary or feeder roads, including farm-to-market roads, rural free delivery mail roads, and public-school bus routes.

Sec. 8.

For the elimination of hazards to life at railroad grade

Elimination of railroad grade crossings.

crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade-crossing structures, and the relocation of highways to eliminate grade crossings, there is hereby authorized to be appropriated, to be apportioned on

Apportionment.

or before the 1st day of January of each year preceding the fiscal year for which it is authorized among the several States (including the Territory of Hawaii and the District of Columbia) in accordance

Vol. 42, p. 217.

with the provisions of the Federal Highway Act of 1921, as amended and supplemented, except that such apportionment shall

Basis of apportionment.

be one-half on population as shown by the latest decennial census, one-fourth on the mileage of the Federal-aid highway system as determined by the Secretary of Agriculture, and one-fourth on the railroad mileage as determined by the Interstate Commerce Commission, and to be expended in accordance with said Federal Highway Act, as amended and supplemented, except that no part of such

Matching not required.

funds apportioned to any State need be matched by the State: The sum of $50,000,000 for the fiscal year ending June 30, 1938; the sum

Amounts authorized.

of $50,000,000 for the fiscal year ending June 30, 1939: Provided,

Proviso.

Adequate safety devices required.

That no part of the appropriations hereafter made for the purpose of carrying out the provisions of the Federal Highway Act, or any Acts amendatory thereof or supplementary thereto, shall be approved for expenditure on any highway unless proper safety protective devices shall be installed or be in operation at any highway and railroad grade crossing or draw-bridge on that portion of the highway with respect to which such expenditures are to be made and said devices shall comply with the safety standards determined by the United States Bureau of Public Roads at that time as being adequate.

Sec. 9.

With the approval of the Secretary of Agriculture, not to

Engineering and economic surveys.

exceed 1% per centum of the amount apportioned for any year to any State under sections 1, 7, and 8 of this Act may be used for surveys, plans, engineering, and economic investigations of projects for future construction in such State, either on the Federal-aid highway system and extensions thereof or on secondary or feeder roads.

Sec. 10.