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UNITED STATES

DEPARTMENT OF AGRICULTURE

FEDERAL

LEGISLATION AND REGULATIONS

RELATING TO

HIGHWAY CONSTRUCTION

UNDER THE NATIONAL INDUSTRIAL RECOVERY ACT
FEDERAL AID AND NATIONAL FOREST ROADS
FLOOD RELIEF AND MISCELLANEOUS

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323

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1933

BY THE

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III

LEGISLATION AND RULES AND REGULATIONS RELATING TO FEDERAL-AID AND NATIONAL-FOREST ROADS AND TRAILS

THE FEDERAL-AID ROAD ACT
[39 STAT. 355]

An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to cooperate with the States, through their respective State highway departments, in the construction of rural post roads; but no money apportioned under this act to any State shall be expended therein until its legislature shall have assented to the provisions of this act, except that, until the final adjournment of the first regular session of the legislature held after the passage of this act, the assent of the governor of the State shall be sufficient. The Secretary of Agriculture and the State highway department of each State shall agree upon the roads to be constructed therein and the character and method of construction: Provided, That all roads constructed under the provisions of this act shall be free from tolls of all kinds. SEC. 2. That for the purpose of this act the term "rural post road "1 shall be construed to mean any public road over which the United States mails now are or may hereafter be transported, excluding every street and road in a place having a population, as shown by the latest available Federal census, of two thousand five hundred or more, except that portion of any such street or road along which the houses average more than two hundred feet apart; the term "State highway department" shall be construed to include, any department of another name, or commission, or official or officials, of a State empowered, under its laws, to exercise the functions ordinarily exercised by a State highway department; the term "construction" shall be construed to include reconstruction and improvement of roads; 'properly maintained " as used herein shall be construed to mean the making of needed repairs and the preservation of a reasonably smooth surface considering the type of the road, but shall not be held to include extraordinary repairs, nor reconstruction; necessary bridges and culverts shall be deemed parts of the respective roads covered by the provisions of this act.

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SEC. 3. That for the purpose of carrying out the provisions of this act there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June thirtieth, nineteen hundred and seventeen, the sum of $5,000,000; for the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $10,000,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $15,000,000: for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $20,000,000; and for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $25,000,000. So much of the appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof shall be available for expenditure in that State until the close of the succeeding fiscal year, except that amounts apportioned for any fiscal year to any State which has not a State highway department shall be available for expenditure in that State until the close of the third fiscal year succeeding the close of the fiscal year for which such apportionment was made. Any amount apportioned under the provisions of this act unexpended at the end of the period during which it is available for expenditure under the terms of this section shall be reapportioned, within sixty days thereafter, to

1 Amended by section 5 of the act approved Feb. 28, 1919, 40 Stat. 1200.

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