REGULATION 16. PROJECTS THROUGH UNAPPROPRIATED OR UNRESERVED PUBLIC LANDS, NONTAXABLE INDIAN LANDS, OR OTHER FEDERAL RESERVATIONS OTHER THAN FOREST RESERVATIONS

SECTION 1. The term "main roads" as used in the act of June 24, 1930 (Public, No. 426, 71st Cong.), shall be construed to include sections of the Federal-aid highway system, continuations thereof, and necessary connections between routes thereon.

SEC. 2. Projects for construction under said act of June 24, 1930, shall be selected and recommended jointly by the district engineer of the Bureau of Public Roads and the State highway department.

SEC. 3. Construction of projects hereunder may be undertaken either by the States or by the Federal Government, as may be provided by project agreements entered into between the State highway departments and the Secretary of Agriculture.

SEC. 4. All provisions of regulations 1 to 14, both inclusive, and of regulation 18, in so far as the same may be applicable and not in conflict with this regulation, shall apply to projects hereunder.

REGULATION 17. STATE EMERGENCY FINANCIAL CONDITIONS 3

SECTION 1. During the fiscal year 1932 it shall be discretionary with the Secretary to approve projects for which construction contracts were executed prior to approval of the project statements or prior to recommendation by the district engineer of the Bureau of Public Roads that the plans and specifications be approved, and to make payments on projects so approved for work performed prior to such recommendation by the district engineer, if the Secretary shall find that such projects are eligible in all other respects and that a public emergency exists with respect to the State's highway finances.

REGULATION 18. PROJECTS UNDER THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 4

SECTION 1. The term "Emergency Construction Highway Funds", as used in this regulation, shall mean the $120,000,000 of Federal funds appropriated by the act of July 21, 1932 (Public, No. 302, 72nd Cong.), to be used as a temporary advance of funds to meet the States' share of the cost of work performed before July 1, 1933, on Federal-aid projects under the Federal Highway Act. projects involving the use of such funds shall be designated "Emergency Construction Highway Projects", which shall be indicated on projects by prefixing the letter "E" to the project number.

All

SEC. 2. Emergency construction highway projects shall be initiated by the States and submitted as other Federal-aid projects, and all such projects shall be subject to all provisions of the rules and regulations, as heretofore promulgated and amended, except where the same may be in conflict or inconsistent with this regulation.

SEC. 3. A program of emergency construction highway projects shall be selected to meet the following conditions: A distribution of projects within the State which, measured in terms of both number and cost, shall bear a reasonably uniform relationship to the number of locally unemployed persons; a selection of types of construction that afford reasonable opportunities for employment of available unemployed persons; and the inclusion of types of construction that will permit employment through the winter months.

SEC. 4. Twenty-five percent of the emergency construction highway fund shall remain unobligated until November 1 in any State which shall not have established from other sources a reserve fund in at least an equivalent amount available for use for emergency highway employment purposes during the winter months.

SEC. 5. In the performance of work on emergency construction highway projects, no convict labor shall be directly employed.

SEC. 6. All contracts for the construction of emergency construction highway projects shall prescribe the minimum rates of wages, as predetermined by the State highway department, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated also in the advertisement for bids and in proposals or bids which may be submitted. The wage rates so determined may be a minimum rate for unskilled labor and a minimum rate for skilled labor, or for skilled labor a minimum rate may be fixed for each class of such labor.

* Amendments adopted Dec. 29, 1930, and July 28, 1932. Amendment adopted Apr. 23, 1932.

• Amandments adopted July 28, 1932, and Aug. 25, 1932.

SEC. 7. Contracts for all emergency construction highway projects shall contain stipulations that (except in executive, administrative, and supervisory positions), so far as practicable, no individual directly employed on any such project shall be permitted to work more than thirty hours per week, and that in the employment of labor preference shall be given to available ex-service men who are found to be qualified and who have dependents.

SEC. 8. In order to give effect to the requirement in the statute for maximum employment of local labor consistent with reasonable economy in construction, hand-labor methods will be required to the extent possible without interfering with the quality of the work or unreasonably increasing its total cost.

SEC. 9. The specifications for each emergency construction highway project shall contain special provisions, which shall be in conformity with instructions issued by the Bureau of Public Roads, for carrying into effect the stipulations required by sections 6, 7, and 8 of this regulation, which shall include a requirement that the contractor shall promptly furnish to the State highway department copies of each pay roll certified under oath by the contractor or his authorized representative.

SEC. 10. In view of the need for providing immediate employment and the advanced stage of the current construction season, projects advertised for bids prior to approval of the project statement by the Secretary, and/or prior to recommendation of approval of the plans, specifications, and estimates by the district engineer of the Bureau of Public Roads, may be submitted as emergency construction highway projects, and the Secretary may approve such projects of this nature as in his judgment merit approval, if they comply in all other respects with the law and regulations.

SEC. 11. Projects for which contracts were awarded prior to the date of approval of this regulation but are inoperative because of lack of State funds may be submitted as emergency construction highway projects and, if eligible in all other respects, may be approved, if in the judgment of the Secretary the facts warrant such action, subject, however, to the condition that the contracts already contain, or that the contractors voluntarily agree to incorporating therein, such stipulations as are required by sections 6, 7, and 8 of this regulation, and subject also to such other conditions as the Secretary may impose.

SEC. 12. On each project involving emergency construction highway funds regular Federal-aid funds apportioned to the State under the Federal Highway Act shall be used to the maximum extent permissible by the statute: Provided, That the regular Federal aid on projects in States having relatively small unobligated balances of such funds shall be in such amounts as the Secretary may approve in the project agreement for each project.

SEC. 13. No contract for any emergency construction highway project hereafter shall be entered into or award therefor made by any State without prior concurrence in such action by the district engineer of the Bureau of Public Roads. SEC. 14. Except as provided in regulation 16, this regulation shall apply only to "Emergency Construction Highway Projects" as defined in section 1 hereof. SEC. 15. Progress payments, in the discretion of the Chief of the Bureau of Public Roads, may be made, as authorized by section 13 of the Federal Highway Act and when recommended by the district engineer of said Bureau, for work involved in "Emergency Construction Highway Projects," when the plans, specifications, and estimates therefor have been approved and certification of that fact made as required by section 11 of said act: Provided, That no final payment shall be made on any such project until a project agreement therefor has been executed.

RULES AND REGULATIONS FOR CARRYING OUT THE PROVISIONS OF TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT FOR CONSTRUCTING PUBLIC HIGHWAYS AND RELATED PROJECTS IN ACCORDANCE WITH PROVISIONS OF THE FEDERAL HIGHWAY

ACT

(Approved June 23, 1933)

DEFINITIONS

SECTION 1. The term "Act" as used herein shall be construed to mean those provisions of title II of the National Industrial Recovery Act of June 16, 1933 (Public, No. 67, 73d Cong.), which authorize the emergency construction of public highways and related projects in accordance with the provisions of the Federal Highway Act.

The term "State" as used herein shall include the Territory of Hawaii and the District of Columbia. The term "National Recovery Highway Funds" shall mean the $400,000,000 of Federal funds authorized under section 204 of the act

of June 16, 1933 (Public, No. 67, 73d Cong.), to be granted to the several State highway departments for the construction of public highways and related projects on the Federal-aid highway system and on extensions thereof into and through municipalities and on secondary or feeder roads in accordance with the provisions of the Federal Highway Act. All projects located on the Federal-aid highway system outside of municipalities involving the use of such funds shall be designated "National Recovery Highway Projects," indicated by prefixing the letters 'NRH" to the project number. All projects located on extensions of the Federalaid highway system into and through municipalities involving the use of such funds shall be designated "National Recovery Municipal Highway Projects," indicated by prefixing the letters "NRM" to the project number. All projects located on secondary or feeder roads involving the use of such funds shall be designated "National Recovery Secondary Highway Projects," indicated by prefixing the letters "NRS" to the project number.

INITIATION OF PROJECTS

SEC. 2. All projects under this act shall be initiated by the States and submitted in the same manner as other Federal-aid projects, and all such projects shall be subject to all provisions of the rules and regulations of the Secretary of Agriculture for administering the Federal Highway Act, as heretofore promulgated, except such provisions as are in conflict with these rules and regulations.

SECONDARY OR FEEDER ROADS DEFINED

SEC. 3. Secondary or feeder roads, as referred to in this section of the act, . shall be defined as roads which are not now included in the approved system of Federal-aid highways, but which are either part of the State highway system or are important local highways leading to shipping points, or which will permit the coordination or extension of existing transportation facilities, including highway, rail, air, and water.

APPLICATION OF FUNDS TO PROJECTS

SEC. 4. Not more than 50 percent of the funds apportioned to any State under this act shall be applied to projects on the Federal-aid highway system outside of the corporate limits of municipalities; not less than 25 percent of such funds shall be applied to projects on extensions of the Federal-aid highway system into and through municipalities; and not more than 25 percent of such funds shall be applied to secondary or feeder roads until provision has been made for the satisfactory completion of at least 90 percent of the initial limiting Federal-aid highway system in such State. Upon a proper showing by any State that, either all needed improvements on extensions of the Federal-aid highway system into and through municipalities can be completed with an expenditure less than 25 percent of the State's apportionment, or that municipal authorities are unable or unwilling to obtain the necessary rights of way for needed improvements, or for other reasons, the Secretary of Agriculture may revise the above percentages with reference to such State. The reconstruction of existing facilities that are adequate for traffic shall not be considered needed improvements.

PRELIMINARY STATEMENT OF PROPOSED ASSIGNMENT OF APPORTIONMENT

SEC. 5. Each State highway department shall submit for approval to the Secretary of Agriculture and through him to the Special Board for Public Works a preliminary statement showing the proposed assignment of the State's apportionment to (1) the Federal-aid highway system outside of municipalities, (2) extensions of the Federal-aid highway system into and through municipalities, and (3) secondary or feeder roads. This statement shall list the counties or political subdivisions in which projects to be submitted will be located. A project or projects of one or more of the defined classifications shall be provided in at least 75 percent of all counties of the State, unless it be shown either (1) that the number of counties in which need of employment exists constitutes a smaller percentage of the total; or (2) that needed and suitable road construction projects cannot be found in that percentage of the total number of counties. In selecting counties in which projects are to be located, consideration shall be given to the relative need for employment in such counties.

DETAILED PROGRAMS OF PROPOSED CONSTRUCTION-PRIORITY OF PROJECTS

SEC. 6. Upon approval of the preliminary statement in whole or in part each State highway department shall prepare and submit detailed programs of proposed construction of each of the three classes of projects enumerated in the foregoing section, indicating the termini, the character of the work, the estimated cost, and the amount of Federal funds desired. The three programs may be submitted independently and may be so approved in whole or in part. In the selection of projects to be included in these programs priority shall be given to: (a) the closing of gaps in the Federal-aid highway system; (b) the appropriate landscaping of parkways or roadsides on a reasonably extensive mileage; (c) the correlating and supplementing of existing transportation facilities by road, rail, air, and water, and providing of service to freight-receiving stations, airports, and emergency landing fields; (d) reconstruction designed to reduce maintenance cost and decrease future State and local highway expenditures; (e) providing a large number of small projects designed to employ the maximum of human labor; and (f) the elimination of hazards to highway traffic, such as the separation of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate railroad crossings, the widening of narrow bridges and roadways, the building of footpaths, the replacement of unsafe bridges, the construction of routes to avoid congested areas, and the construction of facilities to improve accessibility and the free flow of traffic.

The Secretary and the Board reserve the right to require the construction of roads desired by the United States Railroad Coordinator to provide adequate year-round highway service in replacement of branch-line railroad service proposed to be abandoned.

SURVEYS, PLANS, AND SPECIFICATIONS-PAYMENT OF COSTS

SEC. 7. Surveys and plans, specifications, and estimates for all projects under this act in each State shall be prepared under the immediate direction of the State highway department and the construction involved shall be under the immediate supervision of the State highway department. Funds apportioned under this act shall not be available for the payment of any portion of the cost of surveys and plans undertaken prior to the approval of the program. Payment will be made of the actual itemized expenditures for surveys and plans on National Recovery Highway Projects and National Recovery Municipal Highway Projects only upon a showing by the State that the revenues available to the State for such purposes are insufficient to pay such costs. Payment may be made of the actual itemized cost of surveys and plans for National Recovery Secondary Projects. Payment may be made of the actual itemized cost of construction engineering and inspection on all projects. Payment for engineering services will not be made on a percentage basis.

Each State shall maintain at its own expense a State highway department having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Agriculture the duties required by this act and these rules and regulations. No part of the cost of surveys, plans, and engineering supervision of construction will be paid to any State which restricts employment of engineers on such work to residents of the State, unless it shall be shown that a sufficient number of qualified engineers, trained in highway construction, are available within the State.

SEC. 7a. Before contract is awarded for any project bids shall be requested by advertisements inserted once a week for two weeks in such newspapers and/or other publications as will insure adequate publicity, the second insertions of such advertisement to follow one week after the date of the first publication thereof. The advertisement shall require the bids to be submitted and opened two weeks after the date of the first publication of the advertisement, and award to the lowest and best bidder shall be made promptly after the opening of the bids.

The procedure outlined in this section is designed to expedite getting projects under construction, and shall be optional with the State highway departments.

Amendment of Ang. 16, 1933.

CONTRACTS FOR CONSTRUCTION

SEC. 8. All contracts for the construction of highways under this act shall require the contractor to furnish all materials entering into the work, and no requirement shall be contained in any contract in any State providing price differentials for, or restricting the use of materials to, those produced within the State; provided, however, that preference shall be given to the use of materials produced under codes of fair competition approved under the National Industrial Recovery Act.

CONVICT LABOR

SEC. 9. No convict labor shall be employed and no materials manufactured or produced by convict labor shall be used on any project constructed under this act.

WAGES OF LABOR

SEC. 10. (a) All contracts for the construction of highways under this act shall prescribe the minimum rates of wages, as predetermined by the State highway department, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated also in the advertisement for bids and in proposals or bids which may be submitted. The wage rates so determined may be a minimum rate for unskilled labor and a minimum rate for skilled labor, or for skilled labor a minimum rate may be fixed for each class of such labor. Such wages shall be just and reasonable compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort.

(b) All contracts for the construction of projects under this act shall require that the wages of skilled and unskilled labor shall be paid in legal tender of the United States. All contracts for the construction of projects under this act shall contain a provision that no deduction from the wages of skilled or unskilled labor shall be allowed on account of goods purchased or obligations incurred in any commissary or store owned, leased, or otherwise controlled by the contractor. Obligations so incurred shall be subject to collection only in the same manner in which obligations incurred in the ordinary course of business are collectible.

PREFERENCE IN EMPLOYMENT OF LABOR

SEC. 11. Contracts for all projects under this act shall contain stipulations that in the employment of labor preference shall be given, where they are qualified, to ex-service men with dependents, and then in the following order: (a) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the political subdivision and/or county in which the work is to be performed; and (b) to citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State in which the work is to be performed; provided that these provisions shall apply only where such labor is available and qualified to perform the work to which the employment relates.

HOURS OF LABOR

SEC. 12. Contracts for all projects under this act shall contain a stipulation that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual shall be permitted to work more than 30 hours in any one week. This requirement shall be construed (a) to permit working time lost because of inclement weather or unavoidable delays during the period of employment in any one week, to be made up in the succeeding week or weeks of any one calendar month; and (b) to permit a limitation of not more than 130 hours' work in any one calendar month to be substituted in the contract for the requirement of not more than 30 hours' work in any one week on projects in localities where a sufficient amount of labor is not available in the immediate vicinity of the work and unemployment has been absorbed in the area of the work. It shall not be considered practicable and feasible to apply either of these limitations to work located at points so remote and so inaccessible that camps are necessary for the housing and boarding of all of the labor employed on the work, as determined by the State highway department with the approval of the district engineer of the Bureau of Public Roads and the Director of the United States Employment Service prior to advertisement; provided, however, that in all such cases no individual shall be permitted to work more than 8 hours in any one day or more than 40 hours in any one week.