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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.
REPEAL OF PRIOR ACTS
SEC. 321. 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cited by reference to the Statutes at Large, except for the provisions and sections hereinafter excepted, are hereby repealed :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). 9. Act of May 21, 1928 (4.5 Stat., ch. 660, p. 683). 10. Act of May 26, 1:928 (4.5 Stat., ch. 75.), p. 750). 11. Act of April 4, 1930 ( 46 Stat., ch. 105, p. 141). 12. Act of May 5, 1930 (46 Stat., ch. 226, p. 261). 13. Act of June 24, 1930 (46 Stat., ch. 593, p. 805). 14. Act of February 20, 1931 (46 Stat., ch. 231, p. 11733). 15. Act of February 23, 1931 (416 Stat., ch. 283, p. 1415). 10. Section 304 of Art 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, 19:34 (48 Stat., ch. 586, p. 993).
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).
26. Act of July 13, 1913 (57 Stat., ch. 236, p. 560), except the following provision: Paragraph (a) of section 7 thereof.
27. Act of April 4, 1914 (58 Stat., ch. 164, p. 189).
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”.
31. Act of October 15, 1951 (65 Stat., ch. 501, p 421), except the following provision: Section 1 thereof.
3.5. 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;
(6) 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. 150), there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 19.15." ;
19) 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 yrar 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 “Proridol"; 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 (04 Stat. 785), ihere is hereby authorized to be appropriated for the survey, constrnction, reconstruction, and maintenance of main roads through inappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations mne sum of $2,500,000 for the fiscal year ending June 30, 1955, to remain available until expended."
37. Art of May 6, 1954 (68 Stat., ch. 181. p. 70), except the following provisions : (a) The first two pararraphs of section 1; b) The first sentence of paragraph (a) of section 2; re) The first sentence of section 3 to the word “Provided": 1d) Sertion 4 to the word “Provided"; (e) Section 5:
) The first sentence of section 7; (h) Section 8 to the word “Prorided" ; (i) Section 18; and (1) 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.
(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.
(m) The term “project" means an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed.
(n) The term “project agreement” means the formal instrument to be executed by the State highway department and the Secretary as required by the provisions of paragraph (a) of section 107.
(0) The term “public lands highways" means main highways through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations.
(p) The term “rural areas” means all areas of a State not included in urban areas.
(q) The term "Secretary" means Secretary of Commerce.
(r) The term "State" means any one of the forty-eight States, the District of Columbia, Hawaii, or Puerto Rico.
(8) The term "State funds" includes for the purposes of this Act 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.
(t) The term "State highway department” means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction.
(u) The term "Federal-aid system” means any one of the Federal-aid highway systems described in section 103.
(v) The term “Federal-aid primary system" means the Federal-aid highway system described in paragraph (b) of section 103.
( w) The term "Federal-aid secondary system” means the Federal-aid highway system described in paragraph (c) of section 103.
(x) the term "interstate system" means the national system of interstate highways described in paragraph (d) of section 103.
(y) The term “urban area” means an area including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available Federal census, within boundaries to be fixed by a State highway department subject to the approval of the Secretary.
Senator GORE. The committee meeting was called for the purpose of considering S. 1048 and such other Federal-aid highway bills as might be pending before the committee at this time.
At the time I announced the hearing I fully expected that the administration proposal would be before the committee at this time. It has not yet been presented but I understand it will be shortly.
This is the first time I have been privileged to preside over a Senate subcommittee. I particularly solicit the help of each one of you in the conduct of this hearing and in arriving at sound highway legislation to meet the challenge of transportation problems. Heretofore the Federal-aid highway bills have never been regarded as political. I surely hope that they never will be so regarded.
The committee will accept and desires all of the assistance possible in arriving at the best possible highway legislation for which the country is able to pay. To start the hearing I wrote a letter to Secretary of Commerce Sinclair Weeks, inviting him tto be the first witness. I also requested the reports which the Federal-aid Highway Act of 1954 required the Secretary to submit to the committee. He said they are not quite ready yet. I will read his letter:
This is in reply to your letter of February 14, 1955, inviting me to testify at hearings on February 21, 1955, on S. 1048, and other Federal-aid highway bills which may be pending before your committee at that time.
Your invitation is greatly appreciated, and I regret that other matters will require me to be absent from the city on the date of the hearing. I am, there. fore, asking Mr. F. V. du Pont, a former Commissioner of the Bureau of Public Roads and now assigned to my office as a special assistant, and Mr. C. D. Curtiss, present Commissioner of the Bureau of Public Roads, to appear in my behalf.
Without objection the full letter will be printed in the record.
Senator Case. Mr. Chairman, I do not intend to object but I reserve the right to object. I do this to determine whether or not the letter carries a response to the directive which was placed upon the Department of Commerce in the Federal-Aid Highway Act of 1954.
Senator GORE. It does. I will read the full letter if you would like.
Senator Case. I would like to have the statement read which gives the reason, if there is any, for the delay in the report which the Secretary of Commerce was directed to make by February 1, 1955.
Senator Gore. I will, at the suggestion of Senator Case, read the full letter. It is dated February 16, 1955. [Reading:]
With respect to your request that your committee be furnished with the reports, studies, and recommendations provided by the Federal-Aid Highway Act of 1954 prior to the hearings on February 21, I regret to say that all of such reports, studies, and recommendations will not be available at that time.
As you know, a draft bill for a Federal-Aid Highway Act was submitted to your committee on December 30, 1954, pursuant to section 12 of the Federal-Aid Highway Act of 1954. It has not been possible, however, to complete the studies authorized by sections 11 and 13 of the Federal-Aid Highway Act of 1954, relating to the problems posed by relocation and reconstruction of public utilities services resulting from highway improvements, and to all phases of highway financing, respectively. These latter reports required the collection of extensive data from State highway departments, public utilities, and utility regulatory agencies in all parts of the country, and the preparation of numerous statistical analyses, maps, charts, and diagrams. Completion of the reports has also been delayed by the demands made by the President's Advisory Committee on a National Highway Proqram and the Governor's Conference on the staff of the Research Department of the Bureau of Public Roads.
As soon as it became apparent that it would not be possible to complete the reports within the time designated by the Federal-Aid Highway Act of 19.74, requests for extensions of time were submitted to the Vice President of the Senate and the Speaker of the House of Representatives. The Committee on Public Works of the House has granted a 60-day extension of time for submission of the reports.
Please be assured that every effort is being made to transmit these reports to the Congress as soon as possible. Sincerely yours,
Secretary of Commercc. Senator CASE. Mr. Chairman, I want to place in the record at this point sections 11, 12, and 13 of the Highway Act of 1954. Without reading them in detail, section 11 is the one which directs the Secretary of Commerce to make a study in cooperation with the State highway departments and other partisan interests of the problems posed by the relocation and reconstruction of public utility services.
Section 12 is the section which directed the Secretary of Commerce to transmit to the committees not later than D-cember 31, 1954, a suggested draft of a bill or bills for a Federal Highway Act.
Senator Gere. Would you mind reading it? It is not long?
SEC. 11. The Secretary of Commerce is hereby directed to make a study in cooperation with the State highway departments and other parties in interest relative to the problems posed by necessary relocation and reconstruction of public utilities services resulting from highway improvements authorized under this Act. Among other things, such a study shall include a review and financial analysis of existing relationships between the State highway departments and affected utilities of all types, and a review of the various State statutes regulating existing relationships, to the end that a full and informative report may be made to the President for transmittal to the Congress of the United States not later than February 1, 1955.