appropriate, but no such bridge shall be closed to public use by the agency except in cases of emergency or when deemed necessary in the interest of national security.66 (c) All costs and expenses incurred and expenditures made by any agency in the exercise of the powers and authority conferred by this section (but not including any costs, expenses, or expenditures which would have been required in any event to satisfy a legal road or bridge relocation obligation or to meet operating or other agency needs) shall be recorded and kept separate and apart from the other costs, expenses, and expenditures of such agency, and no portion thereof shall be charged or allocated to flood control, navigation, irrigation, fertilizer production, the national defense, the development of power, or other program, purpose, or function of such agency. (d) Not to exceed $13,000,000 of any money heretofore or hereafter appropriated for expenditure in accordance with the provisions of this title or prior Acts shall be available for expenditure by the Secretary in accordance with the provisions of this section, as an emergency fund, to reimburse any agency for any additional costs or expenditures which it may be required to incur because of the design and construction of any such dam so that it will constitute and serve as a foundation for a public highway bridge upon and across such dam and to reimburse any such agency for any costs, expenses, or expenditures which it may be required to make in designing and constructing any such bridge upon and across a dam in accordance with the provisions of this section, except such costs, expenses, or expenditures as would have been required of such agency in any event to satisfy a legal obligation to relocate a highway or bridge or to meet operating or other agency needs, and there is authorized to be appropriated any sum or sums necessary to reimburse the funds so expended by the Secretary from time to time under the authority of this section. Of each bridge constructed upon and across a dam under the provisions of this section, there may be financed wholly with Federal funds that portion thereof which is located within the physical limits of the masonry structure, or structures, of the dam, and the Secretary shall in his sole discretion determine what additional portion of the bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or its appropriate subdivision with or without the aid of Federal funds; but said portion of the bridge so financed by the State or its subdivisions, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall nevertheless be designed and constructed solely by the agency having custody and jurisdiction of the dam as provided in subsection (a) of this section.67 (e) In making, reviewing, or approving the design of any bridge or approach structure to be constructed under this section, the agency shall, in matters relating to roadway design, loadings, clearances and widths, and traffic safeguards, give full consideration to and be guided by the standards and advice of the Secretary. (f) The authority conferred by this section shall be in addition to and not in limitation of authority conferred upon any agency by any other law, and nothing in this section contained shall affect or be 66 Amended by sec. 4 (c) of Public Law 88-423, Aug. 13, 1964 (78 Stat. 397). 67 Amended by sec. 108 of Public Law 86-342, Sept. 21, 1959 (73 Stat. 611). deemed to relate to any bridge, approach structure, or highway constructed or to be constructed by any such agency in furtherance of its lawful purposes and requirements or to satisfy a legal obligation incurred independently of this section. OTHER PROVISIONS OF PUBLIC LAW 85–767, APPROVED AUGUST 27, 1958 (72 STAT. 885), NOT CODIFIED IN TITLE 23, UNITED STATES CODE Repeal of prior acts SEC. 2. The following Acts and portion of Acts cited by reference to the Statutes at Large, except for the provisions and sections hereinafter excepted, are hereby repealed: 1. Act of July 11, 1916 (39 Stat., ch. 241, page 355). 2. Sections 5, 6, 7, 8, and 9 of Act of February 28, 1919 (40 Stat., ch. 60, page 1189 at 1200-1202). 3. Act of November 9, 1921 (42 Stat., ch. 119, page 212). 4. Section 4 of Act of June 19, 1922 (42 Stat., ch. 227, page 652 at 660-661). 5. Section 1 of Act of March 10, 1924 (43 Stat., ch. 46, page 17). 6. Act of February 12, 1925 (43 Stat., ch. 219, page 889). 7. Act of June 22, 1926 (44 Stat., ch. 648, page 760). 8. Act of March 3, 1927 (44 Stat., ch. 370, page 1398). 14. Act of February 20, 1931 (46 Stat., ch. 231, page 1173). 15. Act of February 23, 1931 (46 Stat., ch. 283, page 1415). 16. Section 304 of Act of July 21, 1932 (47 Stat., ch. 520, page 709 at 722). 17. Subsection (g) of section 204 of Act of June 16, 1933 (48 Stat., ch. 90, page 195 at 204). 18. Act of June 18, 1934 (48 Stat., ch. 586, page 993). 19. Act of June 16, 1936 (49 Stat., ch. 582, page 1519). 20. Act of June 23, 1936 (49 Stat., ch. 730, page 1891). 21. Act of June 8, 1938 (52 Stat., ch. 328, page 633), except the following provision: Section 4 thereof. 22. Act of July 19, 1939 (53 Stat., ch. 328, page 1066). 23. Act of September 5, 1940 (54 Stat., ch. 715, page 867). 24. Act of November 19, 1941 (55 Stat., ch. 474, page 765). 25. Act of July 2, 1942 (56 Stat., ch. 474, page 562). 26. Act of July 13, 1943 (57 Stat., ch. 236, page 560), except the following provision: Subsection (a) of section 7 thereof. 27. Act of April 4, 1944 (58 Stat., ch. 164, page 189). 28. Act of December 20, 1944 (58 Stat., ch. 626, page 838). 34. Act of October 15, 1951 (65 Stat., ch. 501, page 421), except the following provision: Section 1 thereof. 35. Act of October 16, 1951 (65 Stat., ch. 507, page 422). 36. Act of June 25, 1952 (66 Stat., ch. 462, page 158), except the following provisions: (a) The first two paragraphs of section 1; (b) The first sentence of section 2; (c) In section 3 in the first sentence the following words: "For the purpose of carrying out the provisions of section 23 of the Federal Highway Act (42 Stat. 218), as amended and supplemented, there is hereby authorized to be appropriated (1) for forest highways the sum of $22,500,000 for the fiscal year ending June 30, 1954, and a like sum for the fiscal year ending June 30, 1955, and (2) for forest development roads and trails the sum of $22,500,000 for the fiscal year ending June 30, 1955."; (d) In subsection (a) of section 4 the following words: "For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in national parks, monuments, and other areas administered by the National Park Service, including areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1955."; (e) Subsection (b) of section 4; (f) In subsection (c) of section 4 the following words: "For the construction, improvement, and maintenance of Indian reservation roads and bridges and roads and bridges to provide access to Indian reservations and Indian lands under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1955.": (g) In the first sentence of section 5 the following words: "Recognizing the mutual benefits that will accrue to the Republic of Nicaragua and to the United States from the completion of the road from San Benito to Rama in said Republic of Nicaragua, the construction of which road was begun and partially completed pursuant to an agreement between said Republic and the United States, there is hereby authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1954, for the construction of such road, to be available until expended."; (h) The first sentence of section 6; (i) In section 8 the following words: "For the purpose of carrying out the provisions of section 10 of the Federal-Aid Highway Act of 1950 (64 Stat. 785), there is hereby authorized to be appropriated for the survey, construction, reconstruction, and maintenance of main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations the sum of $2,500,000 for the fiscal year ending June 30, 1955, to remain available until expended." (i) Section 10 to the first proviso. 37. Act of May 6, 1954 (68 Stat., ch. 181, page 70), except the following provisions: (a) The first two paragraphs of section 1; (b) The last five provisos of section 1; (c) The first sentence of subsection (a) of section 2; (d) The first sentence of section 3 to the word “Provided"; (e) Section 4 to the word "Provided"; (f) Section 5; (g) The first sentence of section 7; (h) Section 8 to the word "Provided"; (i) Section 14; (i) Section 18; and (k) Section 22. 38. Title I of the Act of June 29, 1956 (70 Stat. 374), except the following provisions: (a) Subsection (a) (1) (2) of section 102; (b) The first sentence of section 103 (a) to the word "Provided"; (c) Section 104 (a), section 104 (b) and section 104 (c), to the word "Provided": (d) Section 105; (e) Subsections (b), (c) and (d) of section 107; (f) Section 108 (b) and (c); (g) Section 108 (k); (h) Section 114; (i) Section 117; and (i) The last proviso of section 118. 39. Sections 1 and 3 of the Act approved August 3, 1956 (70 Stat. 990). 40. Act of April 16, 1958 (72 Stat. 89) except the following provisions: (a) Subsection (a) (1) (2) of section 1; (b) Section 2; (c) The first sentence of section 3 (a) to the words "Provided" and the third, fourth and fifth provisos; (d) Subsection (b) of section 3; Section 4 (a), section 4 (b) and section 4 (c) to the word "Provided"; (f) Section 5; (g) Section 7; (h) Section 8; and (i) Section 9. Construction SEC. 3. (a) If any provision of title 23, as enacted by section 1 of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of the provision to other persons or circumstances shall not be affected thereby. (b) The provisions of this Act shall be subject to Reorganization Plan Numbered 5 of 1950 (64 Stat. 1263). Savings clause SEC. 4. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions under section 2 of this Act. Report and recommendations SEC. 5. The Secretary of Commerce is hereby directed to submit to the Congress not later than February 1, 1959, a report on the progress made in attaining the objectives set forth in section 101 of title 23, as enacted by section 1 of this Act, together with recommendations. Approved August 27, 1958. |