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Hawaii, which sum equals the amount such Territory would have received for roads built and incorporated upon the 7 per centum system as approved, during the period from 1917 to 1925. The Secretary of the Treasury shall pay to the Territory of Hawaii, or to such official or depository as may be designated by it, on warrants drawn by the Secretary of Agriculture, such part of such sum as may from time to time be necessary for the construction or reconstruction of any highway in such Territory the project for which has been approved by the Secretary of Agriculture. The provisions of this Act shall in no way impair the right of such Territory to receive the benefits of the Federal Highway Act. (Mar. 10, 1924, sec. 1, 43 Stat. 17; Feb. 23, 1931, 46 Stat. 1415; 23 U. S. C., sec. 41.)

1458. Limitation of payments.—That the payments which the Secretary of Agriculture may make from sums appropriated under this Act or any Act amendatory thereof or supplementary thereto [23 U. S. C., secs. 1-25] after the fiscal year ending June 30, 1923, sha!!

exceed $15,000 per mile exclusive of the cost of bridges of more than twenty feet of clear span: Provided, That the limitation of payments herein provided shall apply to the public-land States, except that the same is hereby increased in proportion to the increased percentage of Federal aid authorized by section 11 of the Act entitled "An Act to amend the Act entitled An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes !, approved November 9, 1921 [23 U.S.C., sec. 12). (Feb. 28, 1919, sec. 5, 40 Stat. 1200; June 19, 1922, sec. 4, 42 Stat. 660; 23 U. S. C., sec. 42.)

1459. Time of apportionment.—Immediately upon the passage of this Act and thereafter not later than January 1, of each year, the Secretary of Agriculture is authorized to apportion among the several States, as provided in section 21 of the Federal Highway Act, approved November 9, 1921, the $75,000,000 herein authorized to be apportioned for the fiscal year ending June 30, 1926, and on or before January 1 next preceding the commencement of each succeeding fiscal year he shall make like apportionment of the appropriation herein authorized, or which may hereafter be authorized, for each fiscal year. (Feb. 12, 1925, sec. i, 43 Stat. 889; 23 U. S. C., sec. 43.)

1460. Appropriations available for discharging obligations.—The appropriations now or hereafter made for the purpose of carrying out the provisions of the Act of July 11, 1916, and statutes amendatory thereof and supplemental thereto (23 U. S. C., secs. 1-25] shall be considered available for the purpose of discharging the obligations created by the approval of projects. (Jan. 22, 1923, 42 Stat. 1157; 23 U. S. C., sec. 45.)

1461. False statements, etc., as to highway projects; penalty.-If any officer, agent, or employee of the United States, or any officer, agent, or employee of any State or Territory, or any person, association, firm, or corporation, or any officer or agent of any person, association, firm, or corporation shall knowingly make any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any project submitted for approval to the Secretary of Agriculture under the provisions of the Federal Highway Act, or shall knowingly make any false statement, false representation, or false report or claim for work or materials for the construction of any project approved by the Secretary of Agriculture under said Federal Highway Act and all amendments thereto, or shall knowingly make any false statement or false representation in any report required to be made under said Federal Highway Actor Acts supplementary thereto with the intent to defraud the United States shall, upon conviction thereof, be punished by imprisonment not to exceed' five years or by a fine not to exceed $10,000, or by both fine and imprisonment within said limits. (June 19, 1922, sec. 4, 42 Stat. 661; 23 U. S. C., sec. 46.)

1462. Partial invalidity of provisions.-If any provision of this section, or the application thereof to any person or circumstances, shall be held invalid, the validity of the remainder of the section and the application of such provision to other persons or circumstances shall not be affected thereby. (June 19, 1922, sec. 4, 42 Stat. 661.)

1463. Maintenance of roads constructed. To maintain the roads constructed under the provisions of this Act [23 U. S. C.] shall be the duty of the States, or their civil subdivisions, according to the laws of the several States. If at any time the Secretary of Agriculture shall find that any road in any State constructed under the provisions of this Act [23 . S. C.] is not being properly maintained he shall give notice of such fact to the highway department of such State and if within four months from the receipt of said notice said road has not been put in a proper condition of maintenance then the Secretary of Agriculture shall thereafter refuse to approve any project for road construction in said State, or the civil subdivision thereof, as the fact may be, whose duty it is to maintain said road, until it has been put in à condition of proper maintenance. (July 11, 1916, sec. 7, 39 Stat. 358; 23 U. S. C., sec. 48.)

1464. Exchange, reclamation, and disposition of explosives.—That the Secretary of Agriculture may exchange deteriorated explosives or explosive components, obtained by transfer from the Secretary of War for distribution among the States and for use in the improvement of roads under his direct supervision, for explosives or explosive products in condition for immediate use. The Secretary of Agriculture is further authorized, by contract or otherwise, to reclaim by reworking, reconditioning, cartridging, or otherwise converting into usable form such deteriorated explosives or explosive components as can not be so exchanged, and to pay the cost thereof out of available administrative funds authorized by the Federal Highway Act approved November 9, 1921, and Acts amendatory thereof or supplementary thereto [23 U. S. C.]. The Secretary of Agriculture, in his discretion, may transfer to any department or agency of the Federal Government such of the materials acquired from such exchanges, and also such of the explosives or explosive components as may be reworked, reconditioned, cartridged, or otherwise converted hereunder, as may be required by any such department or agency for use in its authorized activities: Provided, That the charges incident to the storage, handling, protection, exchange, reworking, reconditioning, cartridging, or conversion of such explosives or explosive components as may be certified by the Secretary of Agriculture to have been incurred against said administrative funds shall be reimbursed, said funds pro rata by the department or agency of the Federal Government, the State, or other agency receiving such explosives or explosive products. (Feb. 12, 1925, sec. 3, 43 Stat. 890; 23 U. S. C., sec. 49.)

1465. Transfer of motor-propelled vehicles pertaining to Military Establishment to Department of Agriculture for highway improvement.—That the Secretary of War be, and he is hereby, authorized and directed to transfer such motor-propelled vehicles and motor equipment, including spare parts, pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes, to (a) the Department of Agriculture, for use in the improvement of highways and roads under the provisions of section 7 of the Act approved February 28, 1919, entitled “An Act making appropriations for the service of the Post Office Department, for the fiscal year 1920, and for other purposes": Provided, however, That no more motor-propelled vehicles, motor equipment, and other war material, equipment, and supplies, the transfer of which is authorized in this Act [23 U. S. c., secs. 51, 52] shall be transferred to the Department of Agriculture for the purposes named in section 7 of said Act than said Department of Agriculture shall certify can be efficiently used for such purposes within a reasonable time after such transfer. (Mar. 15, 1920, sec. 1, 41 Stat. 530; 23 U.S.C., sec. 51.)

1466. Transfer of specified surplus material, equipment, and supplies pertaining to Military Establishment to Department of Agriculture, for highway improvement. That the Secretary of War is hereby authorized and directed to transfer to the Department of Agriculture, under the provisions of section 7 of the Act approved February 28, 1919, entitled “An Act making appropriations for the service of the Post Office Department for the fiscal year 1920, and for other purposes”, for use in the improvement of highways and roads, as therein provided, the following war material, equipment, and supplies pertaining to the Military Establishment as are or may hereafter be found to be surplus and not required for military purposes, to wit, road rollers, graders, and oilers; sprinkling wagons; concrete mixers; derricks; pile-driver outfits complete; air and steam drill outfits; centrifugal and diaphragm pumps with power; rock crushers; clamshell and orange-peel buckets; road scarifiers; caterpillar and drag-line excavators; plows; cranes; trailers; rubber and steam hose; asphalt plants; steam shovels; dump wagons; hoisting engines; aircompressor outfits with power; boilers; drag, Fresno, and wheel scrapers; stump pullers; wheelbarrows; screening plants; wagon loaders; blasting machines; hoisting cable; air hose; corrugated-metal culverts; explosives and exploders; engineers' transits, levels, tapes, and similar supplies and equipment; drafting machines; planimeters; fabricated bridge materials; industrial railway equipment; conveyors, gravity and power; donkey engines; corrugated-metal roofing; steel and iron pipe; wagons and similar equipment and supplies such as are used directsy for road-building purposes. (Mar. 15, 1920, sec. 2, 41 Stat. 530; 23 U. S. C., sec. 52.)

1467. Freight and incidental charges incurred in transfer of property. That freight charges incurred in the transfer of the property provided for in this Act [23 U. S. C., secs. 51, 52, 52a) shall not be defrayed by the War Department, and if the War Department shall load any of said property for shipment the expense of said loading shall be reimbursed the War Department by the Department to which the property is transferred by an adjustment of the appropriations of the two departments. (Mar. 15, 1920, sec. 4, 41 Stat. 531; 23 U. S. C., sec. 52a.)

1468. Title to vehicles, etc., vested in State.—That the title to said vehicles and equipment shall be and remain vested in the State for use in the improvement of the public highways, and no such vehicles and equipment in serviceable condition shall be sold or the title to the same transferred to any individual, company, or corporation : Provided, That any State highway department to which is assigned motor-propelled vehicles and other equipment and supplies, transferred herein to the Department of Agriculture, may, in its discretion, arrange for the use of such vehicles and equipment, for the purpose of constructing or maintaining public highways, with any State agency or municipal corporation at a fair rental which shail not be less than the cost of maintenance and repair of said vehicles and equipment. (Mar. 15, 1920, sec. 3, 41 Stat. 531; 23 U. S. C., sec. 53.)

1469. Engineering service; performance by Secretary of Agriculture on request of any branch of Government; payment.—That hereafter, the Secretary of Agriculture is authorized upon the request of any branch of the Federal Government, to perform any engineering service in connection with the survey, construction, maintenance, or improvement of roads, payment of the salaries and expenses of employees so engaged, and of the cost of transportation, repairs, and replacements of equipment and supplies of the Department of Agriculture used in such work to be made by transfer of funds in the manner provided by section 7 of the Act approved May 21, 1920 (Forty-first Statutes, page 613) [31 U. S. C., sec. 686]. (Jan. 18, 1927, 44 Stat. 997; 23 Ú. S. C., sec. 54.)

1470. Materials transferred by Secretary of War to Secretary of Agriculture for highway use; title to remain in State.—That the Secretary of War be, and he is hereby, authorized and directed to transfer to the Department of Agriculture under the provisions of section 7 of the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year 1920, and for other purposes”, and Acts amendatory thereto for use in the improvement of highways and roads as therein provided, the following war materials, machinery, and equipment pertaining to the Military Establishment out of the reserve stocks of the said Military Establishment, to wit: One hundred five-ton caterpillar tractors complete with tools and spare parts; and one thousand motor trucks, three-quarter to five ton capacity. The freight charges incurred in the transfer of the property provided for in this provision shall be defrayed by the Department of Agriculture, and if the War Department shall load any of the said property for shipment, the expense of said loading shall be reimbursed to the War Department by the Department of Agriculture by an adjustment of the appropriations of the two departments. The title to said materials, machinery, and equipment shall be and remain vested in the State for use in the improvement of the public highways, and no such materials, machinery, and equipment in serviceable condition shall be sold or the title to the same transferred to any individual, company, or corporation. (Mar. 4, 1925, 43 Stat. 1281.)

1471. Advance funds for emergency construction of highways; deduction from regular apportionments.—That the amounts so advanced (for expenditure in emergency construction on the Federal-aid highway system] shall be reimbursed to the Federal Government over a period of ten years, commencing with the fiscal year 1938, by making annual deductions from regular apportionments made from future authorizations for carrying out the provisions of such Act, as amended and supplemented. (July 21, 1932, 47 Stat. 716; Mar. 3, 1933, 47 Stat. 1457.)

1472. Federal aid extended only to States using on roads lawful amounts of taxes derived from automobiles.-Since it is unfair and unjust to tax motor-vehicle transportation unless the proceeds of such taxation are applied to the construction, improvement, or maintenance of highways, after June 30, 1935, Federal aid for highway construction shall be extended only to those States that use at least the amounts now provided by law for such purposes in each State from State motor vehicle registration fees, licenses, gasoline taxes, and other special taxes on motor-vehicle owners and operators of all kinds for the construction, improvement, and maintenance of highways and administrative expenses in connection therewith, including the retirement of bonds for the payment of which such revenues have been pledged, and for no other purposes, under such regulations as the Secretary of Agriculture shall promulgate from time to time: Provided, That in no case shall the provisions of this section operate to deprive any State of more than one-third of the amount to which that State would be entitled under any apportionment hereafter made, for the fiscal year for which the apportionment is made. (June 18, 1934, sec. 12, 48 Stat. 995; 23 U. S. C., sec. 55.)

1473. Deductions not to be made on account of prior advances or loans to States.—No deductions shall hereafter be made on account of prior advances and/or loans to the States for the construction of roads under the requirements of the Federal Highway Act (June 18, 1934, sec. 14, 48 Stat. 996; 23 U. S. C., sec. 56.)

INDIANS

AGREEMENTS WITH INDIANS

CONTRACTS WITH INDIANS

1474. Interest of agents and employees in Indian contracts.—That no agent or employee of the United States Government, or of any of the Departments thereof, while in the service of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee col

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