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§ 103. Extension of secondary road system.

Funds heretofore or hereafter made available for expenditure under the provisions of 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, as amended and supplemented, for secondary or feeder roads are also made available for expenditure on any roads (including bridges thereon) which are lines of the strategic network of highways and are not on the system of Federal-aid highways. (Nov. 19, 1941, ch. 474, § 3, 55 Stat. 765.)

CROSS REFERENCES

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

§ 104. Strategic highway network.

(a) For carrying out projects to correct critical deficiencies in lines of the strategic network of highways and bridges, during the continuance of the emergency declared by the President on May 27, 1941, there is authorized to be appropriated the sum of $25,000,000. Such sum shall be immediately apportioned among the States in accordance with the provisions of section 21 of this title, as amended and supplemented, and shall be expended in accordance with the provisions of 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, as amended and supplemented: Provided, That during the continuance of the emergency declared by the President on May 27, 1941, when funds heretofore, herein, or hereafter made available for expenditure in accordance with the provisions of said sections, on the system of Federal-aid highways, or on secondary or feeder roads, are expended for any project on the strategic network of highways, including all such projects under construction during the period of said emergency, the Federal share payable on account of any such project shall be increased to three-fourths of the total cost thereof, plus a percentage of the remaining one-fourth of such cost in 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, equal to the percentage that the area of such lands in such State is of its total area.

(b) There is authorized to be appropriated, during the continuance of the emergency declared by the President on May 27, 1941, the sum of $25,000,000, which shall, after November 19, 1941, be allocated by the Secretary of Commerce to States for projects within such States without regard to the apportionment provisions of section 21 of this title, as amended and supplemented, and shall be available for expenditure in accordance with the provisions of this chapter, to supplement other Federal highway funds now or hereafter available for use for projects for the reconstruction and replacement of critically deficient bridges and the correction of other critical deficiencies in the strategic network of highways.

(c) Upon apportionment or allocation to the States of the sums authorized to be appropriated by this section, the State highway departments may submit projects, and such projects shall be acted upon and may be approved, in the same manner and with like

effect as in the case of projects submitted for approval in accordance with the provisions of section 21a of this title. (Nov. 19, 1941, ch. 474, § 4, 55 Stat. 765; 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 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.

EMERGENCY DECLARED ON MAY 27, 1941 Unlimited national emergency declared by Proc. No. 2487, was terminated April 28, 1952, by Proc. No. 2974, April 30, 1952, 17 F. R. 3813, 66 Stat. c31, set out in note preceding section 1 of Appendix to Title 50, War and National Defense.

ADDITIONAL APPROPRIATIONS $10,515,637-Act Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 70.

$10,000,000-Act May 3, 1945, ch. 106, title I, § 1, 59 Stat. 117.

$10,000,000--Act June 27, 1944, ch. 286, title I, § 1, 58 Stat. 371.

$10,000,000-Act June 26, 1943, ch. 145, title I, § 1, 57 Stat. 180.

CROSS REFERENCES

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

§ 105. Reapportionment of Federal highway funds.

Federal funds apportioned to the States prior to January 1, 1942, for expenditure on the system of Federal-aid highways, on secondary or feeder roads, and for the elimination of hazards to life at railroad grade crossings in accordance with the provisions of 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, as amended and supplemented, which were not on that date obligated by the States and which shall not be so obligated on or before June 30, 1943, shall not be reapportioned among the States in accordance with the provisions of said sections, as amended and supplemented, but shall remain available for obligation by the States during continuance of the emergency declared by the President on May 27, 1941, and for a period of one year thereafter. (Nov. 19, 1941, ch. 474, § 5, 55 Stat. 766; July 13, 1943, ch. 236, § 2, 57 Stat. 560.)

AMENDMENTS 1943-Act July 13, 1943, among other changes, substituted "January 1, 1942" for “December 31, 1941".

CROSS REFERENCES

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

§ 106. Access roads.

The Commissioner of Public Roads is authorized to provide for the construction, maintenance and improvement of access roads (including bridges, tubes and tunnels thereon) to military and naval reservations, to defense industries and defense-industry sites, and to the sources of raw materials when such roads are certified to the Secretary of Commerce as important to the national defense by the Secretary of the Army or the Secretary of the Navy, and for replacing existing highways and highway connections that are shut off from general public use by necessary closures or restrictions at military and naval reservations and defense-industry sites: Provided, That such certification for access roads to sources of raw materials and industrial sites may be made by the Secretary of Commerce. The acquisition of new or additional rights-of-way necessary for such projects may, to the extent determined by the Secretary of Commerce, be included as part of the construction of such projects and Federal funds shall be available to pay the cost of such acquisition. For carrying out the purpose of this section there is hereby authorized to be appropriated during the continuance of the emergency declared by the President on May 27, 1941, the sum of $290,000,000, of which not to exceed $27,500,000 shall be available for access roads to sources of raw materials, which shall be available, without regard to apportionment among the several States, for paying all or any part of the cost thereof: Provided, however, That in determining the expenditure of the funds under this section due consideration shall be given to projects for such roads in States which have heretofore expended their own funds for the immediate construction of roads and highways deemed essential to the national defense, which roads and highways but for the action of such States would be properly considered for construction with Federal funds under the provisions of this section: Provided further, That during the continuance of such emergency the Commissioner of Public Roads is authorized to enter into contracts in amounts not exceeding the total of such authorization: And provided further, That not exceeding $5,000,000 of this appropriation be used by the Commissioner of Public Roads in areas certified to the Secretary of Commerce, by the Secretary of the Army, or the Secretary of the Navy, or by their authorized representatives, as maneuver areas, for such improvement and construction as may be necessary to keep the roads therein, which have been or may be used for training of the armed forces, in suitable condition for such training purposes, and to repair the damage caused thereto by the operations of men and equipment in such training. (Nov. 19, 1941, ch. 474, § 6, 55 Stat. 766;

July 2, 1942, ch. 474, § 1, 56 Stat. 562; July 13, 1943. ch. 236, § 4, 57 Stat. 561; Apr. 4, 1944, ch. 164, 58 Stat. 189; Ex Ord. No. 9638, Oct. 4, 1945, 10 F. R. 12591; Ex. Ord. No. 9809, Dec. 12, 1946, 11 F. R. 14281; Ex. Ord. No. 9841, Apr. 23, 1947, 12 F. R. 2645; July 26, 1947, ch. 343, Title II, § 205 (a), 61 Stat. 501; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, §§ 1, 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070.)

AMENDMENTS

1944-Act Apr. 4, 1944, amended section by striking out "$260,000,000" and inserting in lieu "$290,000,000," and by adding last proviso.

1943-Act July 13, 1943, substituted "not to exceed $27,500,000" for "$10,000,000".

1942-Act July 2, 1942, amended section in several particulars, including the addition of proviso at end of first sentence and last proviso to section, addition of "maintenance" where first occurring, and increase of appropriation from "$150,000,000".

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

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 relating to the Commissioner of Public Roads were transferred to the Commissioner of Public Roads, and all functions of the Administrator of General Services relating to the Federal Works Administrator were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 6a-1 of this title.

All functions of the Federal Works Administrator were transferred to the Administrator of General Services, and 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. The office of Federal Works Administrator was 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.

"Secretary of Commerce" was substituted for "Administrator of the Office of Temporary Controls" on authority of Ex. Ord. No. 9841, set out as a note under section 601 of Appendix to Title 50, War and National Defense, which abolished the Office of Temporary Controls and transferred to the Secretary of Commerce all functions of the Temporary Controls Administrator which were immediately prior to the taking effect of Ex. Ord. No. 9809 vested in the Civilian Production Administrator.

The "Administrator of the Office of Temporary Controls" was substituted for the "Chairman of the War Production Board" on authority of Ex. Ords. Nos. 9638 and 9809. Ex. Ord. No. 9638 terminated the War Production Board and transferred its functions to the Civilian Production Board. Ex. Ord. No. 9809, set out as a note under section 601 of Appendix to Title 50, War and National Defense, terminated the Civilian Production Administration and transferred its functions to the Office of Temporary Controls.

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.

EMERGENCY DECLARED ON MAY 27, 1941 Unlimited national emergency declared by Proc. No. 2487, was terminated April 28, 1952, by Proc. No. 2974, April 30, 1952, 17 F. R. 3813, 66 Stat. c31, set out in note preceding section 1 of Appendix to Title 50, War and National Defense.

ADDITIONAL APPROPRIATIONS

Section 10 of act June 25, 1952, ch. 462, 66 Stat. 161, provided that: "For the purpose of carrying out the provisions of section 6 of the Defense Highway Act of 1941 (55 Stat. 765), as amended [this section], and section 12 of the Federal-Aid Highway Act of 1950 (64 Stat. 785), as amended [set out as a note under this section], there is hereby authorized to be appropriated the additional sum of $50,000,000 to remain available until expended: Provided, That whenever any project for the construction or improvement of a circumferential highway around a city or of a radial intracity route thereto submitted by any State, is certified by the Secretary of Defense, or such other official as the President may designate, as being important for civilian or military defense, such project may be constructed under the authorization in this section and in accordance with the conditions contained therein: And be it further provided, That with respect to any proposed construction or reconstruction of a timber access road under the authority contained in this section, advisory public hearings shall be held at a place convenient or adjacent to the area of construction or reconstruction with notice and reasonable opportunity for interested persons to present their views as to the practicability and feasibility of such construction or reconstruction."

Act Sept. 7, 1950, ch. 912, § 12, 64 Stat. 791, as amended Oct. 16, 1951, ch. 507, 65 Stat. 422, provided that: "For the purpose of carrying out the provisions of section 6 of the Defense Highway Act of 1941 (55 Stat. 765) as amended [this section], there is hereby authorized to be appropriated the sum of $45,000,000 to remain available until expended: Provided, That $20,000,000 of the sum authorized by this section shall be available for contract immediately upon the passage of this Act [Sept. 7, 1950]: Provided further, That the roads authorized to be constructed under this section shall be certified to the Secretary of Commerce as important to the national defense by the Secretary of Defense or such other official as the President may designate: And provided further, That not exceeding $5,000,000 of any funds appropriated under this authorization may be used by the Secretary of Commerce in areas certified to him by the Secretary of Defense as maneuver areas, for such reconstruction, maintenance, and repair work as may be necessary to keep the roads therein which have been or may be used for training of the Armed Forces in suitable condition for such training purposes, and for repairing the damage caused to such roads by the operations of men and equipment in such training."

For delegation of authority and separability of provisions under that act, see note under section 3a of this title.

Prior to said act Sept. 7, 1950, the provisions of this chapter relating to the availability for obligation of funds appropriated pursuant to this chapter had been repealed, except for the completion of access road projects which were then under construction, by Joint Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449.

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§ 107. Advance of funds.

If the Commissioner of Public Roads shall determine that it is necessary for the expeditious completion of projects undertaken pursuant to this chapter, he may advance to any State from funds heretofore or hereafter made available the Federal share of the cost thereof to enable the State highway department to make prompt payments for work as it progresses. The funds so advanced shall be deposited in a special trust account by the State treasurer, or other 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 work actually performed in accordance with plans, specifications, and estimates approved by the Bureau of Public Roads under the provisions of this chapter. Any unexpended balances of funds so advanced shall be returned to the credit of the appropriation from which the funds have been advanced. (Nov. 19, 1941, ch. 474, § 7, 55 Stat. 767; 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.

All functions of the Commissioner of Public Roads, which were transferred to the Administrator of General Services, were transferred back to the Commissioner of Public Roads, and the functions of the Public Roads Administration, which were transferred to the Bureau of Public Roads within the General Services Administration, were transferred back to the Public Roads Administration within the Department of Commerce by 1949 Reorg. Plan No. 7. 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 and 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

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

§108. Flight strips.

In order to insure greater safety for traffic on the public highways by providing additional facilities in connection therewith to be available for the landing and take-off of aircraft, the Commissioner of Public Roads is authorized to provide, in cooperation with the Air Force, for studies and for the construction of flight strips adjacent to public highways or

roadside-development areas along such highways. The acquisition of new or additional lands necessary for such projects may, to the extent determined by the Secretary of Commerce, be included as part of the construction thereof and Federal funds shall be available to pay the cost of such acquisition. For carrying out the purposes of this section, there is authorized to be appropriated during the continuance of the emergency declared by the President on May 27, 1941, in addition to any funds that may be available under any other appropriation, the sum of $10,000,000, which shall be available, without regard to apportionment among the several States, for paying all or any part of the cost of such projects. (Nov. 19, 1941, ch. 474, § 8, 55 Stat. 767; July 26, 1947, ch. 343, title II, § 208, 61 Stat. 503; 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.)

CHANGE OF NAME

"Army Air Corps" was changed to "Air Force" by act July 26, 1947.

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.

EMERGENCY DECLARED ON MAY 27, 1941 Unlimited national emergency declared by Proc. No. 2487, was terminated April 28, 1952, by Proc. No. 2974, April 30, 1952, 17 F. R. 3813, 66 Stat. c31, set out in note preceding section 1 of Appendix to Title 50, War and National Defense.

CROSS REFERENCES

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

Investigation of location and development of flight strips, see section 10c of this title.

§ 109. Surveys and plans.

The Commissioner of Public Roads is authorized to make such surveys and plans as may be necessary to carry out the purposes of this chapter, including advance engineering surveys and plans for future development of the strategic network of highways and bypasses around and extensions into and through municipalities and metropolitan areas. Any funds available for carrying out any of the purposes of

sections 104, 106, and 108, of this title may be used for paying the Federal share of the cost of the surveys and plans required for such purposes, respectively, and the necessary administrative expenses for carrying out the provisions of this chapter shall be made available in accordance with the provisions of section 21 of this title. By agreement with the State highway department of any State, any project carried out in such State under the provisions of this section may be carried out through or in cooperation with the highway department of such State. For carrying out advance engineering surveys there is authorized to be appropriated during the continuance of the emergency declared by the President on May 27, 1941, for apportionment among the States in accordance with the provisions of section 21 of this title, as amended and supplemented, the sum of $10,000,000. Such sum shall be matched with State funds on the pro rata basis heretofore provided by law. (Nov. 19, 1941, ch. 474, § 9, 55 Stat. 767; 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.

All functions of the Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Commissioner of Public Roads by 1949 Reorg. Plan No. 7. See note set out under section 6a-1 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.

EMERGENCY DECLARED ON MAY 27, 1941 Unlimited national emergency declared by Proc. No. 2487, was terminated April 28, 1952 by Proc. No. 2974, April 30, 1952, 17 F. R. 3813. 66 Stat. c31, set out in note preceding section 1 of Appendix to Title 50, War and National Defense.

ADDITIONAL APPROPRIATIONS $3,000,000-Act May 3, 1945, ch. 106, title I, § 1, 59 Stat. 117.

$4,000,000-Act June 27, 1944, ch. 286, title I, § 1, 58 Stat. 371.

$3,000,000-Act June 26, 1943, ch. 145, title I, § 1, 57 Stat. 180.

CROSS REFERENCES

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

Federal-aid roads, surveys and plans for, see section 12 of this title.

§ 110. Emergency repairs.

The Commissioner of Public Roads is authorized to reimburse the several States for the necessary

rehabilitation or repair of roads and highways of States or their subdivisions substantially damaged by the Army or the Navy, or both, by any other agency of the Government or by any person or contractor employed by or contracting with the Army or Navy or any other agency of the Government "in the performance of contract work in connection" with the prosecution of the war or national defense. The Commissioner is authorized on behalf of the United States to consider, ascertain, adjust, and determine any claim accruing subsequent to May 27, 1941, submitted by the State highway department of any State, in accordance with regulations prescribed by the Commissioner, for reimbursement of the cost of such rehabilitation or repair.

Such amount as may be found to be due to any claimant shall be certified to Congress for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount allowed: Provided, That no claim shall be considered by the Commissioner unless notice of intention to file such claim has been presented to him within thirty days after the occurrence of the damage upon which the claim is based, except that in case of damage caused by maneuvers such notice shall be filed within thirty days after completion of such maneuvers: And provided further, That in either case such notice of damage accruing before the passage of sections 101-117 of this title shall be filed within thirty days after the passage of sections 101-117 of this title. (Nov. 19, 1941, ch. 474, § 10, 55 Stat. 768; July 13, 1943, ch. 236, § 6, 57 Stat. 561; 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.)

AMENDMENTS

1943-Act July 13, 1943, added "by any other agency war or national defense.", to first sentence.

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 Administrator of General Services with regard to the Bureau of Public Roads were transferred to the Commissioner of Public Roads by 1949 Reorg. Plan No. 7. See note set out under section 6a-1 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

Repeal of provisions of this chapter relating to availability of funds for obligation, see note preceding section 101 of this title.

§ 111. Off-street parking.

In order to facilitate the flow of traffic on sections of the strategic network of highways forming bypasses around and connections into and through municipalities and metropolitan areas, the Commissioner of Public Roads is authorized to cooperate with the States in the location, development, and construction of off-street facilities for the parking of vehicles, and projects for providing such facilities shall be considered to be highway projects. Where provision is made by any State for the permanent prohibition of parking of vehicles within the roadway or street portion of any through highway over which the State has been legally vested with traffic control and which forms a section of the strategic network of highways, funds heretofore or hereafter made available for expenditure in accordance with the provisions of 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, as amended and supplemented, for construction and reconstruction on the system of Federal-aid highways, are also made available, on the pro rata basis heretofore provided by law, for the location, development, and construction of off-street vehicle parking facilities to serve the area where parking on such highway is so prohibited, including the cost of acquiring the lands necessary for such facilities: Provided, That the Secretary of Commerce is authorized and directed to withhold from any allotment of Federal highway funds to any State a sum equal to the Federal share of the cost of any off-street parking facilities upon the failure of such State adequately to enforce such permanent prohibition of parking of vehicles within the roadway or street portion in connection with which Federal funds have been expended for the construction of such off-street parking facilities: And provided further, That the authority contained in this section shall not be exercised unless the Commissioner of Public Roads finds that the Federal share of the cost of providing such off-street parking facilities will be materially less than the Federal share of the cost of widening or relocating the section of the strategic network of highways which such offstreet parking facilities are designed to serve, and that the benefits to be derived from the construction of off-street parking facilities will be substantially as great as the benefits to be derived from such widening or relocation. (Nov. 19, 1941, ch. 474, § 11, 55 Stat. 768; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, §§ 1, 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 unaer 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 relating to the Commissioner of Public Roads were transferred to the Commissioner of Public Roads, and all functions of the Administrator of General Services relating to the Federal

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