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TITLE 23.-HIGHWAYS

This title was enacted by Pub. L. 85-767, § 1, Aug. 27, 1958, 72 Stat. 885

Chapter 1.-FEDERAL-AID HIGHWAYS

101. Definitions and declaration of policy.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown herein.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 4601-6a.

$ 125. Emergency relief.

(a) An emergency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120 of this title, for (1) the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of (A) natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or (B) catastrophic failures from any cause, in any part of the United States, and (2) the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after December 31, 1967, and prior to December 31, 1970, because of imminent danger of collapse due to structural deficiencies or physical deterioration. Subject to the following limitations, there is hereby authorized to be appropriated such sums as may be necessary to establish the fund authorized by this section and to replenish it on an annual basis: (1) Not more than $50,000,000 is authorized to be expended in any fiscal year ending before July 1, 1972, and not more than $100,000,000 is authorized to be expended in any one fiscal year commencing after June 30, 1972, to carry out the provisions of this section and an additional amount not to exceed $100,000,000 is further authorized to be expended in the fiscal year ending June 30, 1973, to carry out the provisions of this section, except that, if in any fiscal year the total of all expenditures under this section is less than the amount authorized to be expended in such fiscal year, the unexpended balance of such amount shall remain available for expenditure during the next two succeeding fiscal years in addition to amounts otherwise available to carry out this section in such years, and (2) 60 per centum of the expenditures under this section for any fiscal year are authorized to be appropriated from the Highway Trust Fund and the remaining 40 per centum of such expenditures are authorized to be appropriated only from any moneys in the Treasury not otherwise appropriated.

(As amended Pub. L. 92-361, Aug. 3, 1972, 86 Stat. 503.)

Page 611

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-361 substituted provisions setting forth maximum expendable amounts for fiscal years ending July 1, 1972 and for fiscal years commencing after June 30, 1972 and an additional amount for fiscal year ending June 30, 1973, for provisions setting forth maximum expendable amount for any fiscal year.

§ 129. Toll roads, bridges, tunnels, and ferries.

(a) Notwithstanding the provisions of section 301 of this title, the Secretary may permit Federal participation, on the same basis and in the same manner as in the construction of free highways under this chapter, in the construction of any toll bridge, toll tunnel, or approach thereto, upon compliance with the conditions contained in this section. Such bridge, tunnel, or approach thereto, must be publicly owned and operated. Federal funds may participate in the approaches to a toll bridge or toll tunnel whether such bridge or tunnel is to be or has been constructed, or acquired, by the State or other public authority. The State highway department or departments must be a party or parties to an agreement with the Secretary whereby it or they undertake performance of the following obligations:

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(3) after the date of final repayment, the bridge or tunnel shall be maintained or operated as a free bridge or free tunnel; except in the case of a bridge which connects the United States with any foreign country: Provided, That such tolls or charges do not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management: And further provided, That the entity or governmental instrumentality responsible for the operation of the portion of the bridge within the jurisdiction of the foreign country is charging tolls for the use of the bridge.

(As amended Pub. L. 92-434, § 7, Sept, 26, 1972, 86 Stat. 732.)

AMENDMENTS

Subsec. (a) (3). Pub. L. 92-434 substituted "or" for "and" making text read "maintained or operated", and required domestic and foreign tolls for international bridges, and that the tolls be limited to amount necessary for maintenance, repair, and operation thereof. § 138. Preservation of parklands.

AMENDMENTS

1968-Pub. L. 90-495 amended section generally so as to render it identical to section 1653 (f) of Title 49, Transportation, governing all programs and projects subject to the jurisdiction of the Secretary of Transportation. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 581, 586, 587, 589, 590 of this title.

§ 141. Repealed. Pub. L. 91-646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907.

Section, Pub. L. 90-495, § 35(a), Aug. 23, 1968, 82 Stat. 836, provided for real property acquisition policies and is now covered by sections 4651 (1), (3), and (5) and 4655(1) of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF REPEAL

Repeal of section not applicable to any State so long as sections 4630 and 4655 of Title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91646, set out as a note under section 4601 of Title 42, The Public Health and Welfare.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91-646 as not affected by such repeal, see section 306 of Pub. L. 91-646, set out in part as a note under section 4651 of Title 42, The Public Health and Welfare.

Chapter 5.-HIGHWAY RELOCATION ASSISTANCE §§ 501 to 512. Repealed. Pub. L. 91-646, title II, § 220 (a)(10), Jan. 2, 1971, 84 Stat. 1903.

Sections, Pub. L. 90-495, § 30, Aug. 23, 1968, 82 Stat. 830-834, related to highway relocation assistance, providing as follows:

Section 501, declaration of policy;

Section 502, assurances of adequate relocation assistance program;

Section 503, administration of relocation assistance program;

Section 504, Federal reimbursement;
Section 505, relocation payments;

Section 506, amended Pub. L. 91-605, title I, § 137, Dec. 31, 1970, 84 Stat. 1735; replacement housing;

Section 507, expenses incidental to transfer of property; Section 508, relocation services;

Section 509, relocation assistance programs on Federal highway projects;

Section 510, Pub. L. 91-605, title I, § 117(b), Dec. 31, 1970, 84 Stat. 1724, construction of replacement housing; Section 511, formerly 510, renumbered Pub. L. 91-605, title I, § 117(a), Dec. 31, 1970, 84 Stat. 1724, authority of Secretary; and

Section 512, formerly 511, renumbered Pub. L. 91-605, title I, § 117(a), Dec. 31, 1970, 84 Stat. 1724, definitions. Subject matter is now covered by chapter 61 (section 4601 et seq.) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF REPEAL

Repeal of sections not applicable to any State so long as sections 4630 and 4655 of Title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91646, set out as a note under section 4601 of Title 42, The Public Health and Welfare.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by section 220 (a) of Pub. L. 91-646 as not affected by such repeal, see section 220 (b) of Pub. L. 91-646, set out as a note under section 4621 of Title 42, The Public Health and Welfare.

TITLE 24.-HOSPITALS, ASYLUMS, AND CEMETERIES

Chapter 1.-NAVY HOSPITALS, NAVAL HOME, ARMY AND NAVY HOSPITAL, AND HOSPITAL RELIEF FOR SEAMEN AND OTHERS

§ 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments.

DELEGATION OF FUNCTIONS

Authority of the President under this section to prescribe from time to time uniform rates of charges for hospitalization and dispensary services delegated to the Secretary of Defense, provided, that the authority hereby delegated may not be redelegated to any officer in the Department of the Navy, Department of the Air Force, or Department of the Army, see section 5 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 2.-THE SOLDIERS' HOME

§ 43. Officers.

The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each separate site of the home, the latter to be also treasurer; and the officers shall be taken from the Army, and appointed or removed, from time to time, as the interests of the institution may require. The governor and all other officers of the home shall be selected by the President of the United States. (As amended June 6, 1972, Pub. L. 92-310, title II, § 228 (a), 86 Stat. 207.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required the treasurer of the home to give a bond in the penal sum of $20,000.

Chapter 4.-SAINT ELIZABETHS HOSPITAL ESTABLISHMENT AND MANAGEMENT; PENSIONS, MONEYS, AND APPROPRIATIONS disbursing agent; pension

§ 165. Superintendent; money of inmates. The chief executive officer of Saint Elizabeths Hospital shall be a superintendent, who shall be appointed by the Secretary of Health, Education, and Welfare. The superintendent shall be a well-educated physician, possessing competent experience in the care and treatment of the insane; he shall reside on the premises and devote his whole time to the welfare of the institution; he shall, subject to the approval of the Secretary of Health, Education, and Welfare, appoint a responsible disbursing agent for the institution, and the said superintendent shall engage and discharge all needful and useful employees in the care of the insane and all laborers on the farm and determine their wages and duties. Page 613

The said disbursing agent, under the direction of the superintendent, shall have the custody of and pay out all moneys appropriated by Congress for Saint Elizabeths Hospital, or otherwise received for the purposes of the hospital, and all moneys received by the superintendent in behalf of the hospital or its patients, and keep an accurate account or accounts thereof. The said disbursing agent shall deposit in the Treasury of the United States, under the direction of the superintendent, all funds which may be intrusted to the latter by or for the use of patients, which shall be kept in a separate account; and the said disbursing agent is authorized to draw therefrom, under the direction of the said superintendent, from time to time, under such regulations as the Secretary of Health, Education, and Welfare may prescribe, for the use of such patients, but not to exceed for any one patient the amount intrusted to the superintendent on account of such patient. During the time that any pensioner shall be an inmate of Saint Elizabeths Hospital all money due or becoming due upon his or her pension shall be paid by the Veterans' Administration to the superintendent or disbursing agent of the hospital, upon a certificate by such superintendent that the pensioner is an inmate of the hospital and is living, and such pension money shall be by said superintendent or disbursing agent disbursed and used, under regulations to be prescribed by the Secretary of Health, Education, and Welfare, for the benefit of the pensioner, and, in case of a male pensioner, his wife, minor children, and dependent parents, or, if a female pensioner, her minor children, if any, in the order named, and to pay his or her board and maintenance in the hospital, the remainder of such pension money, if any, to be placed to the credit of the pensioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital; or, in the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to her minor children, and, in the case of a male pensioner, be paid to his wife, if living; if no wife survives him, then to his minor children; and in case there is no wife nor minor children, then the said unexpended balance to his or her credit shall be applied to the general uses of said hospital: Provided, That in the case of any pensioner transferred to the hospital from the National Home for Disabled Volunteer Soldiers any pension money to his credit at said home at the time of his said transfer shall be transferred with him to said hospital and placed to his credit therein, to be expended as provided in this section, and in case of his return from said hospital to the home any balance

to his credit at said hospital shall in like manner be transferred to said home, to be expended in accordance with the rules established in regard thereto. (As amended June 6, 1972, Pub. L. 92-310, title II, § 228 (b), 86 Stat. 207.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required the chief executive officer and disbursing agent to give bonds for the faithful performance of their duties.

§ 166. Deputy disbursing agent; appointment; powers. Authority is granted to appoint a deputy disbursing agent who shall have the same power as the disbursing agent during the absence of that officer. (As amended June 6, 1972, Pub. L. 92-310, title II, § 228 (c), 86 Stat. 207.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required the deputy disbursing agent to give a bond.

§ 168a. Payment by executive departments for care of patients for whom responsible.

CODIFICATION

Section is also set out in the District of Columbia Code, § 32-406a.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

DELEGATION OF FUNCTIONS

Authority of the Secretary of Health, Education, and Welfare under this section to fix per diem rates for care of patients in Saint Elizabeths Hospital delegated to the Secretary of Health, Education, and Welfare, see section 3 (2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

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