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location or extension of such airport and the consequent reconstruction or relocation of the highway are in the public interest.
$ 1.17 Maintenance of projects. (a) Maintenance of all projects constructed under the provisions of the act shall be the responsibility of the State except for those projects or portions thereof which may be eliminated from the Federal-aid highway system or from the system of principal secondary and feeder roads through relocation in connection with further improvement of a project. The State highway department, acting under the laws of the State, may provide for maintenance of Federal-aid projects by agreement with municipal or other local authorities, but the responsibility of the State to maintain such projects satisfactorily remains unchanged under the requirements of section 14 of the Federal Highway Act.
(b) A project for which the State highway department proposes to provide maintenance by an agreement with a municipality or a county shall not be approved if any project previously improved with Federal funds under the provisions of the Federal Highway Act, as amended and supplemented, which the said county or other subdivision has agreed to maintain, is not being satisfactorily maintained as determined by the Commissioner.
$ 1.18 Traffic signs and signals. (a) All signs and traffic-control devices and other protective structures, whether paid for from Federal or other funds, erected on or in connection with highways or structures on which Federal funds are expended, shall be in conformity with such manual of uniform traffic-control devices as may be adopted by the American Association of State Highway officials, approved by the State highway department, and concurred in by the Commissioner.
(b) The rights-of-way provided for Federal-aid highway projects shall be held inviolate for public highway purposes and no signs (other than those specified in paragraph (a) of this section), posters, billboards, roadside stands or other private installations shall be permitted within the right-of-way limits.
$ 1.19 Diversion of gasoline and motor-vehicle taxes; reduction of apportionment. If the Administrator shall
find at any time that lesser amounts of the revenues derived from State motor: vehicle registration fees, licenses, gasoline taxes, and other special taxes on motor-vehicle owners and operators in any State are required by its laws to be applied to highway purposes than were required to be so applied by the laws of such State on June 18, 1934, he shall take such action as he may deem necessary to comply with the provisions of section 12 of the act of June 18, 1934 (48 Stat. 995), by reducing the apportionment of Federal funds to such State by not to exceed one-third of the amount to which it otherwise would be entitled for any fiscal year in which such finding may be made.
§ 1.20 Records and cost keeping. (a) Such records of the cost of construction, of inspection, of tests, and of maintenance done by or on behalf of the State, shall be kept, by or under the direction of the State highway department, as will enable the State to report, upon the request of the Commissioner, the amount and nature of the expenditure for these purposes.
(b) The accounts and records, together with all supporting documents, shall be open at all times to inspection by the Commissioner, or his authorized representatives, and copies thereof shall be furnished when requested.
§ 1.21 Payments. Vouchers in the form provided by the Commissioner and certified as therein prescribed, showing amounts expended on any project and the amount claimed to be due from the Federal Government, shall be submitted by the State highway department to the Public Roads Administration, either after completion of the project or as the work progresses.
$ 1.22 Advance of funds. If necessary to enable any State highway department to make prompt payment for work as it progresses and thereby insure expeditious completion of projects, the Commissioner may advance the Federal share of the cost of such projects to any State that does not after June 30, 1945, divert to other than highway uses road-user revenues in violation of section 12 of the act of June 18, 1934 (48 Stat. 995). Such advances shall be made in such manner and subject to such conditions as may be prescribed by the Commissioner.
$ 1.23 Delegation of authority. In carrying out the provisions of the act,
the Commissioner is hereby authorized (d) "Forester” means the Chief of the to delegate such of the duties and respon- Forest Service of the Department of Agsibilities imposed upon him to such offi- riculture, cial or officials of the Public Roads Ad
(e) "State" means any State, Terriministration as in his judgment will re
tory, or insular possession eligible to result in economy and efficiency in effectu
ceive forest highway funds. ating the purposes of the act and of the
(f) "State highway department” is regulations in this part.
defined in the Federal Highway Act. § 1.24 Operating procedures and in- (g) "County authorities” means the structions. The Commissioner is hereby commissioners, supervisors, or other ofauthorized to issue such operating pro- ficials charged by law with the selection cedures and instructions not in conflict
of roads in a county, road district, or with the act or with the regulations in town, and with the expenditure of funds this part as he may deem necessary for for road building and maintenance. carrying out the provisions and effectu
(h) “Division engineer” means the diating the purposes of the act and the
vision engineer of the Public Roads Adregulations in this part, and all such op- ministration. erating procedures and instructions issued by him shall be and continue in full
(i) "Regional forester" means the reforce and effect from the date on which
gional forester of the Forest Service. issued or made effective until modified or (j) “Forest roads" means roads wholly revoked by him.
or partly within, adjoining or adjacent to $ 1.25 Application
and serving the national forests.
of regulations. The regulations in this part apply to all
(k) "Forest highways" means those provisions of the act and to all classes
forest roads of primary importance to of projects thereunder, and shall take
the State, counties, or communities and effect April 21, 1945.
which are selected and designated by the Secretary and the Administrator as con
stituent parts of a forest highway system. Part 15—Rules and Regulations
(1) "Forest highway fund" means any for Administering Forest High- authorization or appropriation made for
forest highways. ways
(m) "Construction” means reconstrucSec.
tion and improvement of roads as well as 15.1 Definitions.
original construction. 15.2 Apportionment. 15.3 The forest highway system.
(n) "Highway planning survey" means 15.4 Selection of forest highway program.
the Nation-wide cooperative survey of 15.5 Cooperative agreements.
highways and highway transportation by 15.6 Surveys.
the highway departments of the States 15.7 Construction.
and the Public Roads Administration. 15.8 Maintenance. 15.9 Records and accounting.
(0) "Maintenance” means the preserv15.10 Commissioner's report.
ing and keeping, through constant at
tention, of each roadway and roadside AUTHORITY: $$ 15.1 to 15.10 issued under
structure and facility as nearly as possisec. 6, 54 Stat. 869; 23 U, S. C. 23b. Interpret
ble in its original condition as conor apply sec. 23, 42 Stat. 218, as amended; 23 U. S. C. 23.
structed, or subsequently improved, to
provide satisfactory and safe highway SOURCE: $ $ 15.1 to 15.10 appear at 10 F. R.
service. 5498. $ 15.1 Definitions. For the purpose of
§ 15.2 Apportionment. (a) From such
information, investigations, and sources this part the following terms, respec
as the Forester shall deem most accutively, shall mean:
rate he shall prepare a tabulation show(a) "Secretary” means the Secretary ing the areas and value of the national of Agriculture of the United States. forest land in each State, including the
(b) “Administrator" means the Fed- value of forage and timber. This tabueral Works Administrator of the United lation, when approved by the Secretary, States.
shall serve as the basis of apportionment (c) “Commissioner" means the Com
for the forest highway fund. missioner of Public Roads, Public Roads (b) On or before January 1 of each Administration, Federal Works Agency. year the Secretary shall apportion
among the several States, Alaska, and Puerto Rico the forest highway fund authorized for the next succeeding fiscal year as follows: One-half in the ratio that the area of national forest land in any State bears to the total area of such land in all States, and one-half in the ratio that the value of national forest land in any State bears to the total value of such land in all States, subject to any modifications that future legislation may require.
(c) Ten percent not exceeding $100,000 of the amount so apportioned to each State shall be held as a reserve and the balance shall be made available immediately after apportionment for the forest highway work program. Allotments will be made from this reserve for administration and, in special cases, to programmed projects. Any balances in the reserve will be entirely released for programming not later than the date of the apportionment of the succeeding fiscal year authorization. At the beginning of the fiscal year for which the funds are authorized, allotments will be made from the reserve to cover the administrative requirements of the Public Roads Administration and the Forest Service.
$ 15.3 The forest highway system. (a) Forest highways shall be determined by the Secretary and the Administrator and shall be classified as follows:
(1) All forest highways on the Federal-aid highway system.
(2) All forest highways which are on an approved primary State highway and not covered in subparagraph (1) of this paragraph.
(3) All forest highways on the secondary or feeder roads system and any other forest road, of primary importance to the counties or communities, when designated as a forest highway.
(b) The forest highway system previously approved by the Secretary may be increased or decreased in mileage by addition or deletion of sections from time to time, in accordance with the following procedure:
The division engineer shall request from each State highway department a map showing the roads within or adjacent to the national forests which the State Highway Planning Survey shows to be of primary importance to the States, counties, or communities and which, therefore, may be proposed for inclusion in the forest highway system. The divi
sion engineer will furnish a copy of this map to the regional forester for his comments and suggestions. Subsequently the division engineer will arrange a conference with the State highway department and the regional forester to agree on recommendations of routes to be included in the forest highway system. A map of the routes selected at this conference shall be submitted by the Commissioner and the Forester, with their recommendations, to the Secretary and to the Administrator for final action.
§ 15.4 Selection of forest highway program. (a) After each authorization of appropriations by Congress for forest highways the division engineer shall request each State highway department to submit to him and to the regional forester a map and a corresponding list of forest highway projects proposed for the fiscal period covered by such authorization, including its recommendations on all projects proposed to it by counties, communities, or other agencies.
The regional forester may call upon the division engineer for any necessary investigations to supply him accurate and full information on any projects proposed by the State or county.
(b) Projects included in the forest highway programs shall be based upon the following considerations:
(1) Provision for the maintenance of roads existing or under construction.
(2) The completion of necessary surveys.
(3) Findings of the highway planning survey.
(4) Benefit to forest development, protection, and administration, as indicated by the transportation plan of the Forest Service.
(5) Construction correlation with military requirements and with adjacent Federal and State road programs.
(6) The economy of continuity of operations and ability of cooperators to maintain adequately the improvement.
(c) Within 60 days following the receipt of the maps and lists required by paragraph (a) of this section, the division engineer shall arrange for a joint conference with the State highway department and the regional forester for consideration of a program for the fiscal period of the authorization. A joint report of this conference shall be filed by the division engineer with the Commis
sioner and by the regional forester with the Forester.
(d) Following the joint conference report the Commissioner and the Forester each year shall prepare a forest hi ay work program for the ensuing fiscal year, and following the Secretary's apportionment, as provided in § 15.2, the Commissioner shall submit such work program to the Administrator and the Secretary for their approval.
(e) The approved forest highway work program may be modified on recommendation of the Commissioner and the Forester with the approval of the Administrator and the Secretary.
$ 15.5 Cooperative agreements. (a) A cooperative agreement for any project which involves financial contributions for construction or maintenance from cooperators shall be approved prior to beginning work thereon.
(b) Negotiations for cooperative agreements shall be conducted by the division engineer and the detailed provisions shall be agreed upon by him and the cooperator. All cooperative agreements shall be prepared on forms furnished by the Commissioner for execution by him and the cooperator.
(c) No work under a cooperative agreement involving forest highway funds shall be advertised, no contracts let, nor any construction started without the prior approval of the division engineer.
§ 15.6 Surveys. (a) A location survey, plans, specifications, and estimate of cost for projects to be included for construction in any present or future forest highway work program, under allotments set up as provided hereinafter in § 15.9, shall be made by the division engineer as soon as practicable, unless otherwise specifically directed by the Commissioner. Roads that ultimately may become a part of the forest highway system may be programmed for preliminary location survey and corresponding estimate of cost in the same manner as location surveys are programmed for adopted forest highways.
(b) Before the completion of a survey, the regional forester shall be notified in writing so that he shall have opportunity to examine the surveyed line or the location map and to indicate any details of location desirable for the protection or development of the national forests.
§ 15.7 Construction. (a) No construction shall be undertaken upon any designated part of the forest highway system by any Federal agency until a survey and cost estimate have been made by the division engineer and approved by the State highway department and the Commissioner, unless otherwise specifically authorized by the Commissioner; but the Forest Service may make temporary repairs on forest highways or construct timber utilization roads on the forest highway system following as closely as practicable reconnaissance surveys made by the Commissioner at the request of the Forest Service.
(b) . Upon approval by the Commissioner, the division engineer may begin construction of projects carried in the approved forest highway work program.
(c) Expenditures authorized in the work program for any construction project may be increased or decreased by the Commissioner by not to exceed 25 percent by transfer between projects or from any unprogrammed balance or from the reserve. Any construction project substantially deviating, in the opinion of the Commissioner, from the project as approved in the forest highway work program, or on which the cost will exceed by more than 25 percent the expenditure authorized therein, shall be reprogrammed.
(d) Unless otherwise authorized by the Commissioner all construction of forest highways will be by the contract method and he shall accept or reject proposals from bidders on any forest highway construction projects and execute any necessary contracts and supporting bonds therefor. If it is impractical to construct a project or any part thereof by the contract method, the Commissioner may proceed as authorized by paragraph (d), section 23, of the Federal Highway Act.
(e) Construction work on projects shall not be considered complete until the project has been inspected and approved by the division engineer and by the State highway department or cooperating agency, as the case may be, nor until the regional forester has approved the clearing and disposal of refuse.
§ 15.8 Maintenance. (a) All maintenance work on all programmed forest highway projects during construction and after completion shall be performed
by the Public Roads Administration un- ment charges will be transferred to the less otherwise directed by the Commis- proper projects. sioner or specified by cooperative agree- (c) Cooperative funds contributed by ment with the State or local authority.. cooperator shall be deposited in the § 15.9 Records and accounting. (a)
United States Treasury to the credit of Following each forest highway appro
the Forest Service Cooperative Fund priation, lump sum allotments shall be
authorized by the act of June 30, 1914
(16 U. S. C. 498), which deposits will be set up by the Secretary to the Public Roads Administration and the Forest
made available for expenditure by the Service to cover the estimated require
agency concerned from the appropria
tion "Cooperative Work, Forest Service, ments of each agency based on the approved work program. These cash al
Trust Fund” (act of June 26, 1934, 31 lotments shall be available for disburse
U. S. C. 7255), and shall be audited, disment on vouchers approved by author
bursed, and recorded in the same manner ized officers of the appropriate agency
as funds under the Federal Highway Act. for:
Cooperative expenditures made by co
operators shall be audited and disbursed (1) Authorized expenditures for sur
as provided in the cooperative agreevey and construction on all forest high
ment. way projects in the approved work pro
(d) The Commissioner shall keep all gram.
records which he deems necessary of (2) Current costs of maintenance as
survey, construction, and maintenance estimated by the division engineer on all costs for projects under his supervision forest highway projects to be maintained and will furnish the Forester and any by the Public Roads Administration in cooperating agency with a copy of a final accordance with the approved program. report showing the accomplishments and (3) Administrative expenses.
expenditures on each project completed. (b) Each equipment depot under the § 15.10 Commissioner's report. (a) jurisdiction of the Public Roads Admin- Not later than September 15 each year istration shall be operated on a self- the Commissioner shall submit to the sustaining basis. Work done for other Administrator and to the Secretary a agencies will be on actual cost basis in- report covering the operations on the cluding overhead. Projects on which forest highway system for the preceding equipment is used will be charged with fiscal year, showing the current status the cost of such equipment on a depreci- of surveys, construction and maintenance ation or appropriate rental basis. The and with such recommendations as he purchase of equipment and operation of shall consider desirable. This report these equipment depots will be paid from shall contain sufficient data upon which available forest highway cash and such to base the report to Congress on forest expenditures will be carried initially in highway work required by section 19 of a suspense account. Periodically equip- the Federal Highway Act.