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character of informational, regulatory, and warning signs, curb and pavement or other markings, and traffic signals installed or placed by any public authority or other agency, shall be subject to the approval of the State highway department with the concurrrence of the Secretary, who is hereby directed to concur only in such installations as will promote the safe and efficient utilization of the highways.
(d) No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under title II, unless proper safety protective devices complying with safety standards determined by the Secretary at that time as being adequate shall be installed or be in operation at any highway or railroad grade crossing on that portion of the highway with respect to which such expenditures are to be made.
(e) No funds shall be approved for expenditure on any Federal-aid highway, or highway affected by title II, unless proper safety protective devices complying with safety standards determined by the Secretary at that time as being adequate shall be installed or be in operation at any drawbridge on that portion of the highway with respect to which such expenditures are to be made.
(f) The Secretary shall not, as a condition precedent to his approval under section 105, require any State to acquire title to, or control of, any marginal land along the proposed highway in addition to that reasonably necessary for road surfaces, median strips, gutters, ditches, and side slopes, and of sufficient width to provide service roads for adjacent property to permit safe access at controlled locations in order to expedite traffic, promote safety, and minimize roadside parking.
PROJECT AGREEMENTS Sec. 107. (a) As soon as practicable after the plans, specifications, and estimates for a specific project have been approved, the Secretary shall enter into a formal project agreement with the State highway department concerning the construction and maintenance of such project. Such project agreement shall make provision for State funds required for the State's pro rata share of the cost of construction of such project and for the maintenance thereof after completion of construction.
(b) The Secretary may rely upon any representations made by the State highway department with respect to any arrangements or agreements made by the State highway department and appropriate local officials where a part of the project is to be constructed at the expense of, or in cooperation with, local subdivisions of the State.
LETTING OF CONTRACTS SEC. 108. (a) The provisions of this section shall not be applicable to contracts for projects on the Federal-aid secondary system in those States where the Secretary has discharged his responsibility pursuant to section 111.
(b) A request for the submission of bids for the construction of each project on a Federal-aid system, a defense access road, or a public lands highway, unless some other method is permitted under the provisions of paragraph (c) of this section, shall be made by advertisement in all cases where the construction is to be performed by the State highway department or under its supervision. The Secretary shall require such plans and specifications and such inethods of bidding as shall be effective in securing competition.
(c) Construction of each project, subject to the provisions of paragraph (b) of this section, shall be performed by contract awarded by competitive bidding, unless She Secretary shall affirmatively tind that, under the circumstances relating to such project, some other method is in the public interest. All such findings shall be reported promptly in writing to the Committees on Public Works of the Senate and the House of Representatives.
(d) The Secretary shall require as a condition precedent to his approval of pach contract awarded by competitive bidding pursuant to paragraph (e), and subject to the provisions of this section, a sworn statement, executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
(e) No contract awarded by competitive bidding pursuant to paragraph (c), and subject to the provisions of this section, shall be entered into by any State highway department or local subdivision of the State without compliance with
the provisions of this section, and without the prior concurrence of the Secretary in the award thereof.
CONSTRUCTION SEC. 109. (a) The construction of any highways or portions of highways located on a Federal-aid system shall be undertaken by the respective State highway departments or under their direct supervision. Such construction in each State shall be carried out in accordance with its laws, except to the extent that such laws may be in conflict with the laws of the United States or the regulations made under this Act. Except as provided in section 111, such construction shall be subject to the inspection and approval of the Secretary. Construction may be begun as soon as sums are available for expenditure pursuant to paragraph (a) of section 112.
(b) Convict labor shall not be used in such construction unless it is labor performed by convicts who are on parole or probation.
SEC. 110. (a) It shall be the duty of the State highway department to maintain, or cause to be maintained, any project constructed under the provisions of this title or constructed under the provisions of prior Acts. The duty to maintain any such project shall cease when it no longer constitutes a part of a Federalaid system.
(b) In any State wherein the State highway department is without legal authority to maintain a project constructed on the Federal-aid secondary system, or within a municipality, such highway department shall enter into a formal agreement for its maintenance with the appropriate officials of the county or municipality in which such project is located.
(c) If at any time the Secretary shall find that any project constructed under the provisions of this title, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State highway department. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the entire State until such project shall have been put in proper condition of maintenance, unless such project is subject to an agreement pursuant to paragraph (b) of this section, in which case approval shall be withheld only for secondary or urban projects in the county or municipality where such project is located.
SECONDARY ROAD RESPONSIBILITY SEC. 111. (a) The Secretary may, upon the request of any State highway department, discharge his responsibility relative to the plans, specifications, estimates, surveys, contract awards, design, inspection, and construction of all projects on the Federal-aid secondary system by his receiving and approving a certified statement by the State highway department setting forth that the plans, design, and construction for each such project are in accord with those standards and procedures which (1) were adopted by such State highway department, (2) were applicable to projects in this category, and (3) were approved by him.
(b) The Secretary shall not approve such standards and procedures unless they are in accordance with the provisions of paragraph (b) of section 104, paragraph (b) of section 105, and paragraph (b) of section 106.
(c) The foregoing provisions of this section shall not be construed to relieve the Secretary of his obligation to make a final inspection of each project after construction and to require an adequate showing of the estimated cost of construction and the actual cost of construction.
AVAILABILITY OF SUMS APPORTIONED
Sec. 112. (a) On and after the date that the Secretary has certified to each State highway department the sums apportioned to each Federal-aid system or part thereof pursuant to an authorization under this Act, or under prior Acts, such sums shall be available for expenditure under the provisions of this Act.
(b) Such sums shall continue available for expenditure in that State for the appropriate Federal-aid system or part thereof for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse, subject to the conditions that sums for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is covered by formal project agreements providing for the expenditure of funds authorized by each Act which contains provisions authorizing the appropriation of funds for Federal-aid highways. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.
(c) The total payments to any State shall not at any time during a current fiscal year exceed the total of all apportionments to such State in accordance with section 102 for such fiscal year and all preceding fiscal years.
FEDERAL SHARE PAYABLE Sec. 113. (a) Subject to the provisions of paragraph (c) of this section, the Federal share payable on account of any project, financed with primary, secondary, or urban funds, on the Federal-aid primary system and the Federal-aid secondary system shall not exceed 50 per centum of the cost of construction, except that in the case of any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area.
(b) Subject to the provisions of paragraph (c) of this section, the Federal share payable on account of any project, financed with interstate funds on the interstate system shall not exceed 60 per centum of the cost of construction, except that in the case of any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area.
(c) The Federal share payable on account of any project for the elimination of hazards of railway-highway crossings, as more fully described and subject to the conditions and limitations set forth in section 121, may amount to 100 per centum of the cost of construction of such projects, except that not more than 50 per centum of the right-of-way and property damage costs, paid from public funds, on any such project, may be paid from sums apportioned in accordance with section 102. Not more than 10 per centum of all the sums apportioned for all the Federal-aid systems for any fiscal year in accordance with section 102 shall be nsed under this paragraph or under section 121.
(d) The Secretary may rely on a certificate from the Secretary of the Department of the Interior certifying as to the area of the lands referred to in paragraphs (a) and (b) of this section. The Secretary of the Interior is hereby authorized and directed to make such a certificate as of June 30 of each year.
le) The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 117 shall not exceed 50 per centum of the cost thereof.
(f) The Secretary is authorized to cooperate with the State highway departments and with the Department of the Interior in the construction of Federal-aid highways within Indian reservations, nontaxable Indian lands, and national parks and monuments under the jurisdiction of the Department of the Interior and to pay the amount assumed therefor from the funds apportioned in accordance with section 102 to the State wherein the reservations and national parks and monuments are located.
PAYMENT TO STATES FOR CONSTRUCTION Sec. 114. (a) The Secretary may, in his discretion, from time to time as the work progresses, inake payments to a State for costs of construction incurred by it on a project. These payments shall at no time exceed the Federal share of the costs of construction incurred to the date of the voucher covering such payment.
(b) After completion of a project in accordance with the plans and specifications, and approval of the final voucher by the Secretary, a State shall be entitled to payment out of the appropriate sums apportioned to it of the unpaid balance of the Federal share payable on account of such project. (c)
No payment shall be made under this title, except for a project located on a Federal-aid system and covered by a project agreement. No final payment
shall be made to a State for its costs of construction of a project until the completion of the construction has been approved by the Secretary following inspections pursuant to section 109 (a).
(d) In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments contained in sections 113 and 121. Payments for engineering, except preliminary engineering, and inspection costs on any one project shall not exceed the Federal share of 10 per centum of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, supervising, and inspecting.
(e) Such payments shall be made to such official or officials or depository as may be designated by the State highway department and authorized under the laws of the State to receive public funds of the State.
PAYMENT TO STATES FOR BOND RETIREMENT
Sec. 115. Any State that shall use the proceeds of bonds issued by the State, county, city, or other political subdivision of the State for the construction of one or more projects on the Federal-aid primary or interstate system may claim payment of any portion of the sums apportioned to it for expenditure on such system to aid in the retirement of the principal of such bɔnds at their maturities, to the extent that the proceeds of such bɔnds have been actually expended in the construction of one or more of such projects. Such claim for payment may be made only when all of the provisions of this Act have been complied with to the same extent and with the same effect as though payment were to be made to the State under section 111, instead of this section 115, and the Federal share payable shall not exceed the pro rata basis of payment authorized in section 113. This section shall not be construed as a commitment or obligation on the part of the United States to provide funds for the payment of the principal of any such bonds.
ADVANCES TO STATES Sec. 116. If the Secretary shall deternrine that it is necessary for the expeditious completion of projects on any of the Federal-aid systems, he may advance to any State out of any existing appropriations the Federal share of the cost of construction thereof to enable the State highway department to make prompt payments for the construction as it pregresses. The sums so advanced shall be deposited in a special revolving trust fund, by the State official authorized under the laws of the State to receive Federal-aid highway funds, to be disbursed solely upon vouchers approved by the State highway department for construction which has been actually performed and approved by the Secretary pursuant to this title. Upon determination by the Secretary that any part of the funds advanced to any State under the provisions of this section are no longer required, the amount of the advance, which it determined to be in excess of current requirements of the State, shall be repaid upon his demand, and such repayments shall be returned to the credit of the appropriation from which the funds were advanced. Any sums advanced and not repaid on demand shall be deducted from sums due to the State for the Federal pro rata share of the cost of work done on Federal-aid projects.
Sec. 117. An emergency fund is authorized for expenditure by the Secretary in accordance with the provisions of this section. The Secretary may expend funds therefrom, after receipt of an application therefor from a State highway department, for the repair or reconstruction of highways on any of the Federalaid systems in accordance with the provisions of this title when he shall find such highways have suffered serious damage as the result of disaster over a wide area, such as by floods, hurricanes, tidal waves, earthquakes, severe storms, landslides, or other catastrophes in any part of the United States. The appropriation of such moneys, not to exceed $10,000,000, as may be necessary for the initial establishment of this fund and for its replenishment on an annual basis is hereby authorized. Pending such appropriation or replenishment, the Secretary may expend from existing appropriations, such sums as may be necessary for the immediate prosecution of the work herein authorized, such existing appropriations to be reimbursed from the appropriation hereinabove authorized when made. No funds shall be expended under the provisions of this section with respect to any such catastrophe in any State unless an emergency has been declared by the Governor of such State and concurred in by the Secretary.
Sec. 118. (a) Since it is unfair and unjust to tax motor-vehicle transportation unless the proceeds of such taxation are applied to the construction, improvement, maintenance, administration, or operation of highways, an apportionment for any fiscal year of the entire sums authorized to be apportioned for that year shall not be made to a State that uses during the last preceding annual period for which figures are available for the construction, improvement, maintenance, or operation of highways and administrative expenses in connection therewith, including payments of principal and interest on bonds issued for highway purposes, a sum, less than the sum that would have been derived from its State motor vehicle registration fees, licenses, gasoline taxes, and other special taxes on motor-vehicle owners and operators of all kinds, if its laws in eflect on June 18, 1934, were still in effect. Where actual figures are not available estimates on such reasonable basis as may be approved by the Secretary may be used by him for the purposes of this section.
(b) In no case shall the provisions of this section operate to deprive any State of more than one-third of the entire apportionment authorized under this title to which that State would be entitled in any fiscal year. The amount of any reduction in a State's apportionment shall lapse.
SEC. 119. Any State highway department which submits plans for a Federalaid highway project involving the bypassing of any city or town shall certify to The Secretary that it has had public hearings and considered the economic effects of such a location.
CERTAIX TOLL BRIDGES AND TUNNELS
SEC. 120. Notwithstanding the provisions of section 301, the Secretary may pernit Federal participation, on the same basis and in the same manner as in the construction of free highways under this title, in the construction of any toll bridze, toll tumel, or approach thereto, upon compliance with the conditions cuniaineri in this section. Such bridge, tunel, or approach thereto, must be publicly owned and operated. Federal funds may participate in the approaches tv 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:
(1) All tolls received from the operation of the bridge or tunnel, less the actual cost of such operation and maintenance, shall be applied to the repayment to the State or other public authority of all of the costs of construction of such bridge or tunnel, except that part which was contributed by the United States;
(2) Vo tolls shall be charged for the use of such bridge or tunnel after the State or other public authority shall have been so repaid ; and
(3) After the date of final repayment, the bridge or tunnel shall be maintained and operated as a free bridge or free tunnel.
RAILWAY-HIGHWAY (ROSSINGS SEC. 121. (a) Except as provided in paragraphs (c) of section 113 and (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway 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 (rossings, may lip paid from suns apportioned in accordance with section 102. In any case when the elimination of the hazards of a railway-highway crossing can be pfierted by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods Dit ntioned in the first sentence of this section, then the entire cost of such relocation project, except as provided in paragraph (e) of section 13 and als of this section, may be paid from sums apportioned in accordance with section 102.
(b) The Secretary may classify the various types of projects involved in the dimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad for the purpose of determining the rail