tion of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department, or its nominee, for such purposes and subject to the conditions so specified. (c) If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated. (d) The provisions of this section shall apply only to projects constructed on a Federal-aid system or under the provisions of title II. HIGHWAY RELOCATION DUE TO AIRPORT SEC. 316. Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or extended after December 20, 1944, or for the reconstruction or relocation of any highway which has been or may be closed or the usefulness of which has been or may be impaired by the location or construction of any airport constructed or extended after December 20, 1944, unless, prior to such construction or extension, as the case may be, the State highway department and the Secretary have concurred with the officials in charge of the airport that the location of such airport or extension thereof and the consequent reconstruction or relocation of the highway are in the public interest. LANDSCAPING SEC. 317. The construction of highways by the States with sums apportioned in accordance with section 102 may include such roadside and landscape development, including such sanitary and other facilities as may be deemed reasonably necessary to provide for the suitable accommodation of the public, all within the highway right-of-way and adjacent publicly owned or controlled rest and recreational areas of limited size and with provision for convenient and safe access thereto by pedestrian and vehicular traffic, as may be approved by the Secretary. Such construction likewise may include the purchase of such adjacent strips of land of limited width and primary importance for the preservation of the natural beauty through which highways are constructed, as may be approved by the Secretary. Not to exceed 3 per centum of such sums, apportioned to a State in any fiscal year in accordance with section 102, may be used by it for the purchase of such adjacent strips of land without being matched by such State. AVAILABILITY OF APPROPRIATIONS SEC. 318. The appropriations heretofore and hereafter made for the purpose of carrying out the provisions of prior Acts and of this Act shall be available for the purpose of discharging the contractual obligations created under the provisions of this Act, and prior Acts. GREAT RIVER ROAD SEC. 319. To expedite the interstate planning and coordination of a continuous Great River Road and appurtenances thereto traversing the Mississippi Valley from Canada to the Gulf of Mexico in general conformity with the provisions of this Act and with the recommended plan set forth in the joint report submitted to the Congress November 28, 1951, by the Secretary and the Secretary of the Interior, pursuant to the Act of August 24, 1949 (Public Law 262, Eightyfirst Congress), the Secretary may expend not to exceed $250,000 from administrative funds, made available in accordance with paragraph (a) of section 102. BRIDGES ON FEDERAL DAMS SEC. 320. (a) Each executive department, independent establishment, office, board, bureau, commission, authority, administration, corporation wholly owned or controlled by the United States, or other agency of the Government of the United States, hereinafter collectively and individually referred to as “agency," which on or after July 29, 1946, has jurisdiction over and custody of any dam constructed or to be constructed and owned by or for the United States, is authorized, with any funds available to it, to design and construct any such dam in such manner that it will constitute and serve as a suitable and adequate foundation to support a public highway bridge upon and across such dam, and to design and construct upon the foundation thus provided a public highway bridge upon and across such dam. The highway department of the State in which such dam shall be located, jointly with the Secretary, shall first determine and certify to such agency that such bridge is economically desirable and needed as a link in the State or Federal-aid highway systems, and shall request such agency to design and construct such dam so that it will serve as a suitable and adequate foundation for a public highway bridge and to design and construct such public highway bridge upon and across such dam, and shall agree to reimburse such agency pursuant to paragraph (d) for any additional costs which it may be required to incur because of the design and construction of such dam so that it will serve as a foundation for a public highway bridge and for any expenditures which it may find it necessary to make in designing and constructing such public highway bridge upon and across such dam. In no case shall the design and construction of a bridge upon and across any such dam be undertaken hereunder except by the agency having jurisdiction over and custody of the dam, acting directly or through contractors employed by it, and after such agency shall determine that it will be structurally feasible and will not interfere with the proper functioning and operation of the dam. (b) Construction of any bridge upon and across any dam pursuant to this section shall not be commenced unless and until the State in which such bridge is to be located, or the appropriate subdivision of such State, shall enter into an agreement with such agency and with the Secretary to construct, or cause to be constructed, with or without the aid of Federal funds, the approach roads necessary to connect such bridge with existing public highways and to maintain, or cause to be maintained, such approach roads from and after their completion. Such agreement may also provide for the design and construction of such bridge upon and across the dam by such agency of the United States and for reimbursing such agency the costs incurred by it in the design and construction of the bridge as provided in paragraph (d) hereof. Any such agency is hereby authorized to convey to the State, or to the appropriate subdivision thereof, without cost, such easements and rights-of-way in its custody or over lands of the United States in its custody and control as may be necessary, convenient, or proper for the location, construction, and maintenance of the approach roads referred to in this section, including such roadside parks or recreational areas of limited size as may be deemed necessary for the accommodation of the traveling public. Any bridge constructed pursuant to this section upon and across a dam in the custody and jurisdiction of any agency of the United States, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall constitute and remain a part of said dam and be maintained by the agency. Any such agency may enter into any such contracts and agreements with the State or its subdivisions respecting public use of any bridge so located and constructed as may be deemed appropriate, but no such bridge shall be closed to public use by the agency except in cases of emergency or when deemed necessary in the interest of national security. (c) All costs and expenses incurred and expenditures made by any agency in the exercise of the powers and authority conferred by this section (but not including any costs, expenses, or expenditures which would have been required in any event to satisfy a legal road or bridge relocation obligation or to meet operating or other agency needs) shall be recorded and kept separate and apart from the other costs, expenses, and expenditures of such agency, and no portion thereof shall be charged or allocated to flood control, navigation, irrigation, fertilizer production, the national defense, the development of power, or other program, purpose, or function of such agency. (d) Not to exceed $10,000,000 of any money heretofore or hereafter appropriated for expenditure in accordance with the provisions of this Act or prior Acts shall be available for expenditure by the Secretary in accordance with the provisions of this section, as an emergency fund, to reimburse any agency for any additional costs or expenditures which it may be required to incur because of the design and construction of any such dam so that it will constitute and serve as a foundation for a public highway bridge upon and across such dam and to reimburse any such agency for any costs, expenses, or expenditures which it may be required to make in designing and constructing any such bridge upon and across a dam in accordance with the provisions of this section, except such costs, expenses, or expenditures as would have been required of such agency in any event to satisfy a legal obligation to relocate a highway or bridge or to meet operating or other agency needs, and there is hereby authorized to be appropriated any sum or sums necessary to reimburse the funds so expended by the Secretary from time to time under the authority of this section. Of each bridge constructed upon and across a dam under the provisions of this section, there may be financed wholly with Federal funds that portion thereof which is located within the physical limits of the masonry structure, or structures, of the dam, and the Secretary shall in his sole discretion determine what additional portion of the bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or its appropriate subdivision, with or without the aid of Federal funds; but said portion of the bridge so financed by the State or its subdivisions, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall nevertheless be designed and constructed solely by the agency having custody and jurisdiction of the dam as provided in paragraph (a) of this section. (e) In making, reviewing, or approving the design of any bridge or approach structure to be constructed under this section, the agency shall, in matters relating to roadway design, loadings, clearances and widths, and traffic safeguards, give full consideration to and be guided by the standards and advice of the Secretary. (f) The authority conferred by this section shall be in addition to and not in limitation of authority conferred upon any agency by any other law, and nothing in this section contained shall affect or be deemed to relate to any bridge, approach structure, or highway constructed or to be constructed by any such agency in furtherance of its lawful purposes and requirements or to satisfy a legal obligation incurred independently of this section. SEC. 321. REPEAL OF PRIOR ACTS The following Acts and portions of Acts cited by reference to the Statutes at Large, except for the provisions and sections hereinafter excepted, are hereby repealed: 1. Act of July 11, 1916 (39 Stat., ch. 241, p. 355). 2. Sections 5, 6, 7, 8, and 9 of Act of February 28, 1919 (40 Stat., ch. 69, p. 1189 at 1200-1202). 3. Act of November 9, 1921 (42 Stat., ch. 119, p. 212). 4. Section 4 of Act of June 19, 1922 (42 Stat., ch. 227, p. 652 at 660-661). 5. Section 1 of Act of March 10, 1924 (43 Stat., ch. 46, p. 17). 6. Act of February 12, 1925 (43 Stat., ch. 219, p. 889). 7. Act of June 22, 1926 (44 Stat., ch. 648, p. 760). 8. Act of March 3, 1927 (44 Stat., ch. 370, p. 1398). 15. Act of February 23, 1931 (46 Stat., ch. 283, p. 1415). 16. Section 304 of Act of July 21, 1932 (47 Stat., ch. 520, p. 709 at 722). 17. Paragraph (g) of section 204 of Act of June 16, 1933 (48 Stat., ch. 90, p. 195 at 204). 18. Act of June 18, 1934 (48 Stat., ch. 586, p. 993). 19. Act of June 16, 1936 (49 Stat., ch. 582, p. 1519). 20. Act of June 23, 1936 (49 Stat., ch. 730, p. 1891). 21. Act of June 8, 1938 (52 Stat., ch. 328, p. 633), except the following provision: Section 4 thereof. 22. Act of July 19, 1939 (53 Stat. ch. 328, p. 1066). 23. Act of September 5, 1940 (54 Stat., ch. 715, p 867). 24. Act of November 19, 1941 (55 Stat., ch.474, p. 765). 25. Act of July 2, 1942 (56 Stat., ch. 474, p. 562). 26. Act of July 13, 1943 (57 Stat., ch. 236, p. 560), except the following provision: Paragraph (a) of section 7 thereof. 27. Act of April 4, 1944 (58 Stat., ch. 164, p. 189). 28. Act of December 20, 1914 (58 Stat., ch. 626, p. 838). 29. Act of July 31, 1945 (59 Stat., ch. 333, p. 507). 30. Act of July 29, 1946 (60 Stat., ch. 694, p. 709). 31. Act of June 21, 1947 (61 Stat., ch. 114, p. 136). 32. Act of June 29, 1948 (62 Stat., ch. 732, p. 1105). 33. Act of September 7, 1950 (64 Stat. 785), except the following provision: The first sentence of section 9 to the word "Provided". 34. Act of October 15, 1951 (65 Stat., ch. 501, p 421), except the following provision: Section 1 thereof. 35. Act of October 16, 1951 (65 Stat., ch. 507, p. 422). 36. Act of June 25, 1952 (68 Stat., ch. 462, p. 158), except the following provisions: (a) The first two paragraphs of section 1; (b) The first sentence of section 2; (c) In section 3 in the first sentence the following words: "For the purpose of carrying out the provisions of section 23 of the Federal Highway Act (42 Stat. 218), as amended and supplemented, there is hereby authorized to be appropriated (1) for forest highways the sum of $22,500,000 for the fiscal year ending June 30, 1954, and a like sum for the fiscal year ending June 30, 1955; and (2) for forest development roads and trails the sum of $22,500,000 for the fiscal year ending June 30, 1955."; (d) In paragraph (a) of section 4 the following words: “For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in 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 roads authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1955."; (e) In paragraph (b) of section 4 the following words: "For the construction, reconstruction, improvement, and maintenance of parkways authorized by Acts of Congress, on lands to which title is vested in the United States, there is hereby authorized to be appropriated the sum of $10,00,000 for the fiscal year ending June 30, 1955."; (f) In paragraph (c) of section 4 the following words: "For the construction, improvement, and maintenance of Indian reservation roads and bridges and roads and bridges to provide access to Indian reservations and Indian lands under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1955."; (g) In the first sentence of section 5 the following words: "Recognizing the mutual benefits that will accrue to the Republic of Nicaragua and to the United States from the completion of the road from San Benito to Rama in said Republic of Nicaragua, the construction of which road was begun and partially completed pursuant to an agreement between said Republic and the United States, there is hereby authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1954, for the construction of such road, to be available until expended."; (h) The first sentence of section 6; (i) The first sentence of section 7 and the second sentence of section 7 to the word "Provided"; and (j) In section 8 the following words: "For the purpose of carrying out the provisions of section 10 of the Federal-Aid Highway Act of 1950 (64 Stat. 785), 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 the sum of $2,500,000 for the fiscal year ending June 30, 1955, to remain available until expended." 37. Act of May 6, 1954 (68 Stat., ch. 181, p. 70), except the following provisions: (a) The first two paragraphs of section 1; (b) The first sentence of paragraph (a) of section 2; (c) The first sentence of section 3 to the word "Provided"; (d) Section 4 to the word "Provided"; (e) Section 5; (f) The first sentence of section 7; (h) Section 8 to the word "Provided"; (i) Section 18; and (j) Section 22. CONSTRUCTION OF THIS ACT SEC. 322. (a) If any section, paragraph, or other provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of such section, paragraph, or other provision to other persons or circumstances shall not be affected thereby. (b) Whenever in this Act the singular is used, it shall be deemed also to include the plural if the context so requires. (c) Whenever in this Act reference is made to an apportionment "in accordance with section 102" it shall be deemed to include unexpended apportionments made under prior Acts. SAVINGS CLAUSE SEC. 323. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions thereof under section 321. DEFINITIONS SEC. 324. As used in this Act, unless the context requires otherwise— (a) The term "construction" means the supervising, inspecting, actual building, or rebuilding of a highway, or portion thereof. (b) The term "cost of construction" means all expenses of, and incidental to, the construction of a highway or portion thereof, including, without limiting the generality of the foregoing, the planning, locating, and designing, the acquisition of rights-of-way, and the elimination of hazards of railway-highway crossings. (c) The term "county" includes corresponding units of government under any other name in States which do not have county organizations, and likewise in those States in which the county government does not have jurisdiction over highways it may be construed to mean any local government unit vested with jurisdiction over local highways. (d) The term "forest road" means a highway wholly or partly within or adjacent to and serving the national forests. (e) The term "forest development roads and trails" means those forest roads or trails of primary importance for the protection, administration and utilization of the national forests, or where necessary, for the use and development of the resources upon which communities within or adjacent to the national forests are dependent. (f) The term "forest highway" means a forest road which is of primary importance to the States, counties, or communities within, adjoining, or adjacent to the national forests. (g) (1) The term "highway" means a public way for purposes of vehicular travel and includes roads, streets, parkways, the entire area within a right-ofway, bridges, railroad-grade separations, tunnels, drainage structures, signs, guard rails, footpaths, and protective structures. Without limiting the generality of the foregoing, it includes that portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State highway department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel. (2) The term "Federal-aid highways" means highways located on one of the Federal-aid systems described in section 103. (h) The term "Indian reservation road" means a highway located within an Indian reservation or to provide access to an Indian reservation or Indian land, and not on a Federal-aid system. (i) The term "maintenance" means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such uniform trafficcontrol devices as are necessary for its safe and efficient utilization. (j) The term "park roads and trails" means those highways or trails, including the necessary bridges, located in national parks or monuments, now or hereafter established, or in other areas administered by the National Park Service of the Department of the Interior (excluding parkways authorized by Acts of Congress) and also including approach roads to national parks or monuments authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended. (k) The term "parkway", as used in title II, means a parkway authorized by an Act of Congress on lands to which title is vested in the United States. (1) The term "prior Acts" means those Acts enumerated in section 321 of this Act. |