(f) Upon completion of each contract or day labor project the unexpended balance of the allotment of funds made for such project shall be returned to the Construction Fund.

(g) Final settlement with the Contractor will be made after the Administration has received from the District Engineer, the Superintendent, and the Landscape Architect written recommendations for acceptance of the project. The Commissioner shall submit the final voucher with his recommendations to the Service for clearance for payment.

Sec. 1.7 National capital parks.

The above regulations shall apply whenever applicable to the Road and Parkway System of the National Capital Parks in the District of Columbia and environs administered by the National Capital Parks Office of the National Park Service subject, however, to approval of all road and parkway locations and plans by the National Capital Park and Planning Commission. Technical supervision of the maintenance of roads and parkways in National Capital Parks shall be the responsibility of the Administration and when in the judgment of the Director and the Commissioner it will be more advantageous and economical, maintenance of parkways outside of the District of Columbia may be accomplished direct by the Administration.

Sec. 1.8 Date effective.

These regulations shall become effective when approved by the Secretary of the Interior and the Federal Works Administrator. Recommended:

The National Archives filed and made available for public

inspection May 4, 12:38 p.m., 1944, Federal Register.

PHILIP B. FLEMING,

Federal Works Administrator.

(S) W.

Sec.

Code of Federal Regulations, Title 25-Indians

CHAPTER I-BUREAU OF INDIAN AFFAIRS

Part 162-Roads of the Bureau of Indian Affairs

162.3 Construction, maintenance, repair, and improvement.

162.4 Approval of road plans and designation as roads of the Bureau of

162.8 Transfer of jurisdiction for maintenance to a State.

162.9 Cooperation with States or Indian tribes.

AUTHORITY: §§ 162.1 to 162.9 issued under 45 Stat. 750; 25 U.S.C. 318a. Interpret or apply sec. 6, 49 Stat. 1521, as amended; 25 U.S.C. 318b. SOURCE: §§ 162.1 to 162.9 appear at 22 F.R. 10587, Dec. 24, 1957.

§ 162.1 Purpose.

The regulations in this part govern the survey, construction, maintenance, repair, and improvement of roads serving Indian lands that are not subject to taxation by a State; the transfer of jurisdiction with respect to the maintenance of such roads to a State; and cooperation in the construction, maintenance, repair, and improvement of roads serving both Indian lands that are not subject to taxation by a State and other lands in such State. § 162.2 Definitions.

As used in this part:

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Roads" means roads, trails, and bridges serving Indian lands for which, under the act of May 26, 1928 (45 Stat. 750, 25 U.S.C. 318a), financial aid is available only from specific appropriation of Federal funds therefor, or from contributions of State funds and tribal Indian funds, and which have been designated as roads of the Bureau of Indian Affairs. The term does not include roads or bridges on Indian reservations for which financial aid to a State is available under the Federal-Aid Road Act of 1916 (39 Stat. 355), as amended and supplemented (23 U.S.C. 1, et seq.) and the regulations in 23 CFR Part 1, or other State roads.

(c) "State" means a State or Territory or political subdivision thereof.

§ 162.3

Construction, maintenance, repair, and improvement. Subject to the availability of appropriations therefor and of any contribution of State funds and tribal Indian funds, the Secretary shall survey and construct new roads to provide an adequate system of road facilities on Indian reservations, shall maintain and repair existing roads subject to the regulations in this part, and shall improve them to adequate standards. Before accepting a contribution of tribal funds, the Secretary shall determine that such contribution can be made without undue impairment of necessary tribal functions performed with tribal funds.

$162.4 Approval of road plans and designations as roads of the Bureau of Indian Affairs

Pursuant to section 6 of the act of June 16, 1936 (49 Stat. 1519, 1521), as amended and supplemented (25 U.S.Č. 318b), the engineering plans for all roads constructed under the regulations in this part shall be approved by the Commissioner of Public Roads of the United States Department of Commerce, or his authorized representative, before any expenditures are made for the construction of such roads. The Secretary shall obtain the concurrence of the Commissioner of Public Roads in the designation of roads as roads of the Bureau of Indian Affairs. All construction thereof shall be under the general supervision of the Commissioner of Public Roads or his authorized representative.

$162.5 Consent of Indian landowners

Before any work is undertaken for the construction of roads hereunder, the Secretary shall obtain the written consent of the Indian landowners. Where an Indian has an interest in tribal land by virtue of a land use assignment, such consent shall be obtained from both the Indian holder of the assignment and the Indian tribe. If it appears that the road might be transferred to a State within 10 years, then, before such construction is undertaken, there shall be obtained from the Indian landowners rightof-way easements for a road and highway in favor of the United States, its successors and assigns, with the right to construct, maintain, and repair improvements, thereon and thereover, for such purposes and with the further right in the United States, its successors and assigns, to transfer the right-of-way easements by assignment, grant, or otherwise. The right-of-way easements are to be on a form approved by the Secretary.

$162.6 Use of roads

Roads subject to the regulations in this part shall be open for free public use. When required for public safety, fire prevention or suppression, or fish or game protection, or to prevent damage to unstable roadbed, the Secretary may close them to public use. $162.7 Roadless and wild areas

Roads passable to motor transportation shall not be constructed under the regulations in this part within the boundaries of the roadless and wild areas established in Part 163 of this chapter. §162.8 Transfer of jurisdiction for maintenance to a State As the maintenance of roads and bridges by a State is normally financed from revenues collected by it from motor vehicle license fees and gasoline taxes to which Indians are subject, the Secretary may enter into an agreement with a State for the transfer to the State of jurisdiction with respect to the maintenance of roads constructed or improved to adequate standards under the regulations in this part.

$162.9 Cooperation with States or Indian tribes

If roads subject to the regulations in this part provide road facilities for both Indian lands that are not subject to taxation by a

State and for other lands in such State, the Secretary may enter into an agreement with such State for cooperation in construction, maintenance, repair, and improvement of such roads by the Secretary. He may also enter into such agreements with an Indian tribe for a contribution from its tribal funds of such costs, if he determines that such Indian tribe can make such contribution without undue impairment to necessary tribal functions performed with such funds.

Geometric Design Standards for the National
System of Interstate and Defense Highways

(Adopted July 12, 1956, by the American Association of State Highway Officials. Approved July 17, 1956, by the U.S. Department of Commerce, Bureau of Public Roads, Washington 25, D.C.)

General

The National System of Interstate and Defense Highways is the most important in the United States. It carries more traffic per mile than any other comparable national system and includes the roads of greatest significance to the economic welfare and defense of the Nation. The highways of this system must be designed in keeping with their importance as the backbone of the Nation's highway systems. To this end they must be designed with control of access to insure their safety, permanence, and utility and with flexibility to provide for possible future expansion. Two-lane highways should be designed so that passing of slower moving vehicles can be accomplished with ease and safety at practically all times. Divided highways should be designed as two separate one-way roads to take advantage of terrain and other conditions for safe and relaxed driving, economy, and pleasing appearance. All known features of safety and utility should be incorporated in each design to result in a National System of Interstate and Defense Highways which will be a credit to the Nation.

These objectives can be realized by conscious attention in design to their attainment. All Interstate highways shall meet the following minimum standards. Higher values which represent desirable minimum values, a device used in previous Interstate standards, are not shown because it is expected that designs will generally be made to values as high as are commensurate with conditions, and values near the minimums herein will be used in design only where the use of higher values will result in excessive cost. In determination of all geometric features, including rightof-way, a generous factor of safety should be employed and unquestioned adequacy should be the criterion. All design features required to accommodate the traffic of the year 1975 shall be provided in the initial design; however, where justifiable, the construction may be accomplished in stages.

The American Association of State Highway Officials' Policy on Geometric Design of Rural Highways, the Policy on Arterial

1

1 Published by the American Association of State Highway Officials, 917 National Press Building, Washington 4, D.C.

Highways in Urban Areas, when adopted, and the Standard Specifications for Highway Bridges shall be used as design guides where they do not conflict with these Standards.

Traffic Basis

Interstate highways shall be designed to serve safely and efficiently the volumes of passenger vehicles, buses, and trucks, including tractor-trailer and semitrailer combinations and corresponding military equipment, estimated to be that which will exist in 1975, including attracted, generated, and development traffic on the basis that the entire system is completed.

The peak-hour traffic used as a basis for design shall be as high as the 30th highest hourly volume of the year 1975, hereafter referred to as the design hourly volume, "DHV (1975)." Unless otherwise specified, DHV is the total, two-direction volume of mixed traffic.

Control of Access

On all sections of the Interstate System, access shall be controlled by acquiring access rights outright prior to construction or by the construction of frontage roads, or both. Control of access is required for all sections of the Interstate System. Under all of the following conditions, intersections at grade may be permitted in sparsely settled rural areas which are a sufficient distance from municipalities or other traffic-generating areas to be outside their influence, and where no appreciable hazard is created thereby.

(a) The Interstate highway is a 2-lane highway having a DHV (1975) of less than 500.

(b) Each intersection at grade is with a public road or private driveway with little potential for traffic increase and on which the current average daily traffic does not exceed 50 vehicles.

(c) Such intersections do not exceed two per side of the Interstate highway per mile.

(d) Sufficient additional corner right-of-way at each intersection at grade is acquired to insure that access connections on the crossroad are sufficiently removed to minimize interference with the Interstate highway.

(e) The right to eliminate, terminate, or reroute each such public road or private driveway is vested in the appropriate public authority at the time of initial construction.

Where a grade separation is called for under these standards and extraordinary conditions exist under which a grade separation would not be in the public interest, an intersection at grade may be permitted through agreement between the State highway department and the Secretary of Commerce.

Railroad Crossings

Railroad grade crossings shall be eliminated for all throughtraffic lanes.

Published by the AASHO.