ways and in the construction of secondary roads desirable from the standpoint of national defense without being matched.

Prior provisions of a similar nature were contained in act June 8, 1938, ch. 328, § 1 (d), 52 Stat. 634.

§ 8. Character of construction, etc., required; approval of Secretary of Commerce.

Only such durable types of surface and kinds of materials shall be adopted for the construction and reconstruction of any highway which is a part of the primary or interstate and secondary or intercounty systems as will adequately meet the existing and probable future traffic needs and conditions thereon. The Secretary of Commerce shall approve the types and width of construction and reconstruction and the character of improvement, repair, and maintenance in each case, consideration being given to the type and character which shall be best suited for each locality and to the probable character and extent of the future traffic. (Nov. 9, 1921, ch. 119, § 8, 42 Stat. 214; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7, § 2, eff. Aug. 19, 1949, 14 F. R. 5228, 63 Stat. 1070. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administration were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 8a. Approval of methods of bidding, plans and specifications.

The Secretary of Commerce shall approve only such methods of bidding and such plans and specifications of highway construction for the type or types proposed as will be effective in securing competition and conducive to safety, durability, and economy of maintenance. (June 8, 1938, ch. 328, § 12, 52 Stat. 636; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30,

Page 3100

1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance, or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

State or States, or political subdivision or subdivisions thereof, in the construction of such bridge shall have been repaid from the tolls, the collection of tolls for the use of such bridge shall thereafter cease, and the same shall be maintained and operated as a free bridge. (Mar. 3, 1927, ch. 370, 44 Stat. 1398; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT

Sections 7 and 8 of act July 11, 1916, to which reference is made in this section, were incorporated into the Code as section 48 of this title and section 503 of Title 16, Conservation, respectively. For distribution of the Federal Highway Act in this Code, see note under section 1 of this title.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Functions of Secretary of Agriculture were transferred to the Federal Works Administrator by 1939 Reorg. Plan No. I.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 9a-1. Same; additional aid.

In the case of each and every State which, prior to January 1, 1947, shall have constructed or acquired any toll bridges, including interstate toll bridges, serving the approved system of Federal-aid highways, and which has caused or, prior to January 1, 1947, shall cause any such toll bridge or toll bridges to be made free, the Secretary of Commerce is authorized to pay out of the regular and secondary Federal-aid road funds apportioned to such State not to exceed 50 per centum of such amount as may be approved by the Secretary of Commerce as the current reasonable value of the physical property, exclusive of rights-of-way, of any such bridge, or not to exceed 50 per centum of the bonds or other obligations created and issued for the construction of such bridge which shall remain unpaid and outstanding, or such percentage of the amount by which such outstanding bonds or other obligations shall exceed any funds accumulated or provided for their amortization, the date such bridge is made free, which

on

ever shall be least: Provided, That no payment of Federal funds shall be made on account of any such bridge which was not constructed in accordance with plans and specifications which would meet the standards required under sections 1, 2, 3, 3a, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15-20, 21; 22, 23 and 25 of this title at the time such bridge was constructed: Provided further, That no such payment shall be made which will exceed 50 per centum of the current reasonable value of the physical properties of any such bridge, nor shall such payment in the case of any bridge which was constructed or acquired with the aid of Federal funds or with the aid of a grant from the Federal Government exceed 50 per centum of the current reasonable value of the physical properties of such bridge which remains after deducting therefrom the share of cost or of grant already paid by the Federal Government, or shall not exceed 50 per centum of the bonds or other obligations created and issued for the construction of such bridge which shall remain unpaid and outstanding, or such percentage of the amount by which such outstanding bonds or other obligations shall exceed any funds accumulated or provided for their amortization, on the date such bridge is made free, whichever shall be least, and any amount so paid on account of any such bridge from regular Federal-aid road funds shall be used for matching unobligated regular Federal-aid road funds available to the State for expenditure in the improvement of highways on the system of Federal-aid highways, and any amount so paid on account of any such bridge from secondary Federal-aid road funds shall be used for matching unobligated secondary Federal-aid road funds available to the State for expenditure in the improvement of secondary or feeder roads. (Aug. 14, 1937, ch. 626, 50 Stat. 640; July 19, 1939, ch. 328, § 1, 53 Stat. 1066; July 13, 1943, ch. 236, § 8, 57 Stat. 562; July 31, 1945, ch. 333, 59 Stat. 507; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

AMENDMENTS

1945-Act July 31, 1945, amended section by substituting "January 1, 1947" for "January 1, 1945" wherever appearing, inserting "or, not to exceed bridge was constructed" following "rights-of-way, of any such bridge", deleting "which the Secretary the war effort" following "rights-of-way, of any such bridge" all preceding first proviso, inserting "or shall not exceed system of Federal-aid highways," in second proviso, and by deleting third proviso.

1943-Act July 13, 1943, among other changes substituted "January 1, 1945" for "July 1, 1941" in both instances and added last proviso clause.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 9b. Same; section 9 inapplicable.

In the administration of this chapter, section 9 of this title shall not apply to publicly owned toll bridges or approaches thereto, operated by the highway department of any State, subject, however, to the condition that all tolls received from the operation of any such bridge, less the actual cost of operation and maintenance, shall be applied to the repayment of the cost of its construction or acquisition, and when the cost of its construction or acquisition shall have been repaid in full, such bridge thereafter shall be maintained and operated as a free bridge. (Mar. 3, 1933, ch. 203, 47 Stat. 1456; June 16, 1933, ch. 90, title II, § 204, 48 Stat. 204.) REFERENCES IN TEXT

In the original "this chapter" reads "the Federal Highway Act, and acts amendatory thereof or supplementary thereto." For distribution of said act in this Code, see note under section 1 of this title.

§ 10. Width of right of way and wearing surface.

All highways in the primary or interstate system constructed after November 9, 1921, shall have a right of way of ample width and a wearing surface of an adequate width which shall not be less than eighteen feet, unless, in the opinion of the Secretary of Commerce, it is rendered impracticable by physical conditions, excessive costs, probable traffic requirements, or legal obstacles. (Nov. 9, 1921, ch. 119, § 9, 42 Stat. 214; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, Title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance, or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section of this title. All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out

as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 10a. Planting and maintaining shade trees along Federal-aid highways.

In every case in which, the judgment of the Secretary of Commerce and the highway department of the State in question, it shall be practicable to plant and maintain shade trees along the highways authorized by this chapter, the planting of such trees shall be included in the specifications provided in section 8 of this title. (May 21, 1928, ch. 660, § 2. 45 Stat. 683; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30. 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT

In the original this section referred to highways authorized by the Federal Highway Act (act Nov. 9, 1921, ch. 119, 42 Stat. 212) and by act May 21, 1928. For distribution of the Federal Highway Act in this Code, see note under section 1 of this title. The act of May 21. 1928, was incorporated into the Code as sections 6a and 12 of this title.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies, and employees of such Department were, with a few exceptions. transferred to the Secretary of Commerce, with power vested in him to authorize their performance, or the performance of any of his functions by any of such offcers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were trans. ferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title. All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Functions of Secretary of Agriculture were transferred to the Federal Works Administrator by 1939 Reorg. Plaz No. I.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings. Property, and Works.

§ 10b. Construction of roadside and landscape developments; preservation of natural beauty.

Hereafter the construction of highways by the States with the aid of Federal funds 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 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 Bureau of Public Roads. 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 Bureau of Public Roads: Provided, That not to exceed 3 per centum of the Federal-aid funds apportioned to and matched by any State under Act Sept. 5, 1940, ch. 715, 54 Stat. 867 may be used for the purchase of such adjacent strips of land without being matched by the States. (June 8, 1938, ch. 328, § 1 (c), 52 Stat. 633; Sept. 5, 1940, ch. 715, § 11, 54 Stat. 870; June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT

For distribution of act Sept. 5, 1940, ch. 715, §§ 1-20, 54 Stat. 867, Federal Highway Act of 1940, in this Code, see Tables Volume.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

The Public Roads Administration, together with all functions of the Commissioner of Public Roads, which were transferred to the Bureau of Public Roads within the General Services Administration, was transferred to the Department of Commerce to be administered by the Commissioner of Public Roads subject to the direction and control of the Secretary of Commerce by 1949 Reorg. Plan No. 7, § 1. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Public Roads Administration were transferred to the Bureau of Public Roads within the General Services Administration by section 103 (a) of act June 30, 1949. Said section 103 (a) is set out as section 630b (a) of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

10c. Flight strips adjacent to public highways.

The Commissioner of Public Roads, in cooperation with the State Highway Departments of the respective States, is authorized, upon the request of any State, to investigate the location and development of flight strips adjacent to public highways or roadside development areas, for the landing and take-off of aircraft. (Sept. 5, 1940, ch. 715, § 13, 54 Stat. 871; June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions,

transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

The Public Roads Administration, which was transferred to the Bureau of Public Roads within the General Services Administration, was transferred to the Department of Commerce by 1949 Reorg. Plan No. 7, § 1. See note set out under section 10b of this title.

All functions of the Commissioner of Public Roads were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Said section 103 (a) is set out as section 630b (a) of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

CROSS REFERENCES

Authorization of flight strips, see section 108 of this title.

§ 11. Funds apportioned to States; when payable. When any State shall have met the requirements of this chapter, the Secretary of the Treasury, upon receipt of certification from the governor of such State to such effect, approved by the Secretary of Commerce, shall immediately make available to such State, for the purpose set forth in this chapter, the sum apportioned to such State as herein provided. (Nov. 9, 1921, ch. 119, § 10, 42 Stat. 214; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT

In the original "this chapter" reads "this act," meaning the Federal Highway Act, act Nov. 9, 1921. For distribution of said act in this Code, see note under section 1 of this title.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Exective Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Bulidings, Property, and Works.

§ 12. Submission of project statements; approval; setting aside share of Federal aid.

Any State having complied with the provisions of this chapter, and desiring to avail itself of the benefits thereof, shall by its State highway department submit to the Secretary of Commerce project statements setting forth proposed construction or reconstruction of any primary or interstate or secondary or intercounty highway therein. If the Secretary of Commerce approves the project, the State highway department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require; items included for engineering, inspection, and unforeseen contingencies shall not exceed 10 per centum of the total estimated cost of its construction.

When the Secretary of Commerce approves such surveys, plans, specifications, and estimates, he shall notify the State highway department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside the share of the United States payable under this chapter on account of such projects, which shall not exceed 50 per centum of the total estimated cost thereof, except that in the case of any State containing unappropriated public lands, and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands in the State, the share of the United States payable under this chapter on account of such project shall not exceed 50 per centum of the total estimated cost thereof plus a percentage of such estimated cost equal to one-half of the percentage which the area of the unappropriated public lands, and nontaxable Indian lands, individual and tribal, in such State bears to the total area of such State: Provided, That the limitation of payments not to exceed $15,000 per mile, under existing law, which the Secretary of Commerce may make, is increased in proportion to the increased percentage of Federal aid authorized by this section: And provided further, That in the case of any State containing unappropriated public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands in the State in which the population, as shown by the latest available Federal census, does not exceed ten per square mile of area, the Secretary of Commerce, upon request from the State highway department of such State, may increase the share payable by the United States to any percentage up to and including the whole cost on projects on the primary system of Federal-aid highways and on projects on the secondary system when the latter is a continuation of a route on the primary system or directly connects with a route on the primary system of an adjoining State, but such State shall allocate and expend during the same fiscal year upon some other project or projects on the Federal-aid system, under the direction of the Secretary of Commerce, the amount it would have been required to expend upon such project. (Nov. 9, 1921, ch. 119, § 11, 42 Stat. 214; June 19, 1922, ch. 227, § 4, 42 Stat. 660; Feb. 12, 1925, ch. 219, § 4, 43 Stat. 890; May 21, 1928, ch. 660, § 1, 45 Stat. 683; 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat.

1426; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

REFERENCES IN TEXT

In the original "this chapter" reads "this act," meaning the Federal Highway Act, act Nov. 9, 1921. For distribution of said act in this Code, see note under section 1 of this title.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers. agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2. eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7, § 2. See note set out under section 2 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

Words "Federal Works Administrator" were substituted for "Secretary of Agriculture" wherever appearing in section on authority of 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

CROSS REFERENCES

Strategic highway network, surveys and plans for, see section 109 of this title.

§ 12a. Amount of Federal aid per mile; limitation of payments.

CODIFICATION

Section, acts July 11, 1916, ch. 241, § 6, 39 Stat. 357; Nov. 9, 1921, ch. 119, § 6, 42 Stat. 216; Apr. 4, 1930, ch. 105. § 3, 46 Stat. 141, was made inapplicable by terms of former section 6c of this title.

§ 12b. Projects bypassing cities and towns; public hearings.

Any State highway department which submits plans for a Federal-aid highway project involving the bypassing of any city or town shall certify to the Commissioner of Public Roads that it has had public hearings and considered the economic effects of such a location. (Sept. 7, 1950, ch. 912, § 13, 64 Stat. 791.)

CROSS REFERENCES

Delegation of authority and separability of provisions under act Sept. 7, 1950, see note under section 3a of this title.

§ 13. Construction and reconstruction work; how conducted.

The construction and reconstruction of the highways or parts of highways under the provisions of this chapter, and all contracts, plans, specifications. and estimates relating thereto, shall be undertaken by the State highway departments subject to the