Page images
PDF
EPUB

for the Service, the Service shall be responsible for the performance of all architectural and landscape architectural services, and the Bureau shall be responsible for the performance of all highway engineering services.

[blocks in formation]

STEWART L. UDALL,

Secretary of the Interior.

Approved: August 10, 1964.

LUTHER H. HODGES,

Secretary of Commerce.

[F.R. Doc. 64-8254; Filed, Aug. 14, 1964; 8:47 a.m.]

ROADS OF THE BUREAU OF INDIAN AFFAIRS

25 C.F.R., Ch. 1, Pt. 162

Sec.

162.1 Purpose.

162.2

162.3

Definitions.

Construction, maintenance, repair, and improvement.

162.4 Approval of road plans and designation as roads of the Bureau of

[blocks in formation]

162.8 Transfer of jurisdiction for maintenance to a State.

[blocks in formation]

AUTHORITY: §§ 162.1 to 162.9 issued under 45 Stat. 750; 25 U.S.C. 318a. Interpret or apply sec. 6, 49 Stat. 1521, as amended; 25 U.S.C. 318b. SOURCE: §§ 162.1 to 162.9 appear at 22 F.R. 10587, Dec. 24, 1957.

Sec. 162.1. Purpose

The regulations in this part govern the survey, construction, maintenance, repair, and improvement of roads serving Indian lands that are not subject to taxation by a State; the transfer of jurisdiction with respect to the maintenance of such roads to a State; and cooperation in the construction, maintenance, repair, and improvement of roads serving both Indian lands that are not subject to taxation by a State and other lands in such State.

Sec. 162.2. Definitions

As used in this part:

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Roads" means roads, trails, and bridges serving Indian lands for which, under the act of May 26, 1928 (45 Stat. 750, 25 U.S.C. 318a), financial aid is available only from specific appropriation of Federal funds therefor, or from contributions of State funds and tribal In

dian funds, and which have been designated as roads of the Bureau of Indian Affairs. The term does not include roads or bridges on Indian reservations for which financial aid to a State is available under the Federal-Aid Road Act of 1916 (39 Stat. 355), as amended and supplemented (23 U.S.C. 1, et seq.) and the regulations in 23 CFR Part 1, or other State roads.

(c) "State" means a State or Territory or political subdivision thereof.

Sec. 162.3. Construction, maintenance, repair, and improvement

Subject to the availability of appropriations therefor and of any contribution of State funds and tribal Indian funds, the Secretary shall survey and construct new roads to provide an adequate system of road facilities on Indian reservations, shall maintain and repair existing roads subject to the regulations in this part, and shall improve them to adequate standards. Before accepting a contribution of tribal funds, the Secretary shall determine that such contribution can be made without undue impairment of necessary tribal functions performed with tribal funds.

Sec. 162.4. Approval of road plans and designations as roads of the Bureau of Indian Affairs

[ocr errors]

Pursuant to section 6 of the act of June 16, 1936 (49 Stat. 1519, 1521), as amended and supplemented (25 U.S.C. 318b), the engineering plans for all roads constructed under the regulations in this part shall be approved by the Commissioner of Public Roads of the United States Department of Commerce, or his authorized representative, before any expenditures are made for the construction of such roads. The Secretary shall obtain the concurrence of the Commissioner of Public Roads in the designation of roads as roads of the Bureau of Indian Affairs. All construction thereof shall be under the general supervision of the Commissioner of Public Roads or his authorized representative.

Sec. 162.5. Consent of Indian landowners

Before any work is undertaken for the construction of roads hereunder, the Secretary shall obtain the written consent of the Indian landowners. Where an Indian has an interest in tribal land by virtue of a land use assignment, such consent shall be obtained from both the Indian holder of the assignment and the Indian tribe. If it appears that the road might be transferred to a State within 10 years, then, before such construction is undertaken, there shall be obtained from the Indian landowners right-of-way easements for a road and highway in favor of the United States, its successors and assigns, with the right to construct, maintain, and repair improvements, thereon and thereover, for such purposes and with the further right in the United States, its successors and assigns, to transfer the right-of-way easements by assignment, grant, or otherwise. The right-of-way easements are to be on a form approved by the Secretary.

Sec. 162.6. Use of roads

Roads subject to the regulations in this part shall be open for free public use. When required for public safety, fire prevention or sup

pression, or fish or game protection, or to prevent damage to unstable roadbed, the Secretary may close them to public use.

Sec. 162.7. Roadless and wild areas

Roads passable to motor transportation shall not be constructed under the regulations in this part within the boundaries of the roadless and wild areas established in Part 163 of this chapter.

Sec. 162.8. Transfer of jurisdiction for maintenance to a State

As the maintenance of roads and bridges by a State is normally financed from revenues collected by it from motor vehicle license fees and gasoline taxes to which Indians are subject, the Secretary may enter into an agreement with a State for the transfer to the State of jurisdiction with respect to the maintenance of roads constructed or improved to adequate standards under the regulations in this part. Sec. 162.9. Cooperation with States or Indian tribes

If roads subject to the regulations in this part provide road facilities for both Indian lands that are not subject to taxation by a State and for other lands in such State, the Secretary may enter into an agreement with such State for cooperation in construction, maintenance, repair, and improvement of such roads by the Secretary. He may also enter into such agreements with an Indian tribe for a contribution from its tribal funds of such costs, if he determines that such Indian tribe can make such contribution without undue impairment to necessary tribal functions performed with such funds.

GEOMETRIC DESIGN STANDARDS FOR THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS

Developed in accordance with section 109b, Title 23-Highways, United States Code (section 1081, Federal-Aid Highway Act of 1956 as amended by section 4, Federal-Aid Highway Amendments Act of 1963). Adopted July 12, 1956, by the American Association of State Highway Officials and approved July 17, 1956, by the Bureau of Public Roads, U.S. Department of Commerce; revisions adopted April 12 and October 20, 1963, and approved May 14 and November 15, 1963. General

The National System of Interstate and Defense Highways is the most important in the United States. It carries more traffic per mile than any other comparable national system and includes the roads of greatest significance to the economic welfare and defense of the Nation. The highways of this system must be designed in keeping with their importance as the backbone of the Nation's highway systems. To this end they must be designed with control of access to insure their safety, permanence and utility and with flexibility to provide for possible future expansion. Two-lane highways should be designed so that passing of slower moving vehicles can be accomplished with ease and safety at practically all times. Divided highways should be designed as two separate one-way roads to take advantage of terrain and other

conditions for safe and relaxed driving, economy, and pleasing appearance. All known features of safety and utility should be incorporated in each design to result in a National System of Interstate and Defense Highways which will be a credit to the Nation.

These objectives can be realized by conscious attention in design to their attainment. All Interstate highways shall meet the following minimum standards. Higher values which represent desirable minimum values, a device used in previous Interstate standards, are not shown because it is expected that designs will generally be made to values as high as are commensurate with conditions, and values near the minimums herein will be used in design only where the use of higher values will result in excessive cost. In determination of all geometric features, including right-of-way, a generous factor of safety should be employed and unquestioned adequacy should be the criterion. All design features required to accommodate the traffic of the year for which the highway is to be designed shall be provided in the initial design; however, where justifiable, the construction may be accomplished in stages.

The American Association of State Highway Officials "Policy on Geometric Design of Rural Highways," the "Policy on Arterial Highways in Urban Areas," and the "Standard Specifications for Highway Bridges" (published by the Association, 917 National Press Building, Washington, D.C.) shall be used as design guides where they do not. conflict with these Standards.

Traffic basis

Each section of Interstate highway shall be designed to serve safely and efficiently the volumes of passenger vehicles, buses, and trucks, including tractor-trailer and semitrailer combinations and corresponding military equipment, estimated to be that which will exist in the design year which hereafter is to be 20 years beyond that in which the plans, specifications and estimates for actual construction of the section are approved, including attracted, generated, and development traffic on the basis that the entire system is completed.

The peak-hour traffic used as a basis for design shall be as high as the 30th highest hourly volume of the design year, hereafter referred to as the design hourly volume, "DHV." Unless otherwise specified, DHV is the total, two-direction volume of mixed traffic.

Control of access

On all sections of the Interstate System, access shall be controlled. by acquiring access rights outright prior to construction or by the construction of frontage roads, or both. Control of access is required for all sections of the Interstate System. Under all of the following conditions, intersections at grade may be permitted in sparsely settled rural areas which are a sufficient distance from municipalities or other traffic-generating areas to be outside their influence, and where no appreciable hazard is created thereby.

(a) The Interstate highway is a two-lane highway having a DHV of less than 500.

(b) Each intersection at grade is with a public road or private driveway with little potential for traffic increase and on which the current ADT does not exceed 50 vehicles.

(c) Such intersections do not exceed two per side of the Interstate highway per mile.

(d) Sufficient additional corner right-of-way at each intersection at grade is acquired to insure that access connections on the crossroad are sufficiently removed to minimize interference with the Interstate highway.

(e) The right to eliminate, terminate, or reroute each such public road or private driveway is vested in the appropriate public authority at the time of initial construction.

Where a grade separation is called for under these standards and extraordinary conditions exist under which a grade separation would not be in the public interest, an intersection at grade may be permitted through agreement between the State highway department and the Secretary of Commerce.

Railroad crossings

Railroad grade crossings shall be eliminated for all through-traffic lanes.

Intersections

All at-grade intersections of public highways and private driveways shall be eliminated, or the connecting road terminated, rerouted, or intercepted by frontage roads, except as otherwise provided under Control of Access.

Design speed

The design speed of all highways on the system shall be at least 70, 60, and 50 miles per hour for flat, rolling, and mountainous topography, respectively, and depending upon the nature of terrain and development. The design speed in urban areas should be at least 50 miles per hour.

Curvature, superelevation, and sight distance

These elements and allied features, such as transition curves, should be correlated with the design speed in accordance with A Policy on Geometric Design of Rural Highways of the American Association of State Highway Officials.

On two-lane highways, sections with sufficient sight distance for safe passing should be frequent enough and the total length of such sections be a sufficient percentage of the highway length to accommodate the DHV. Where it is not feasible to provide enough passing opportunities, a divided highway should be provided instead. Gradients

For design speeds of 70, 60, and 50 miles per hour, gradients generally shall be not steeper than three, four, and five percent, respectively. Gradients two percent steeper may be provided in rugged terrian.

Width and number of lanes

Traffic lanes shall not be less than 12 feet wide.

Where the DHV exceeds 700 or exceeds a lower two-lane design capacity applicable for the conditions on a particular section, the highway shall be a divided highway. For lower volumes, the highway

« PreviousContinue »