Highways, etc., damaged by Army or Navy. Reimbursement to States. Payment of claim. Provisos. Cooperative development, etc. ing prohibited. funds. SEC. 10. EMERGENCY REPAIRS.-The Commissioner of Public Roads is authorized to reimburse the several States for the necessary rehabilitation or repair of roads and highways of States or their subdivisions substantially damaged by the Army or the Navy, or both. The Commissioner is authorized on behalf of the United States to consider, ascertain, adjust, and determine any claim accruing subsequent to May 27, 1941, submitted by the State highway department of any State, in accordance with regulations prescribed by the Commissioner, for reimbursement of the cost of such rehabilitation or repair. Such amount as may be found to be due to any claimant shall be certified to Congress for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount allowed: Provided, That no claim shall be considered by the Commissioner unless notice of intention to file such claim has been presented to him within thirty days after the occurrence of the damage upon which the claim is based, except that in case of damage caused by maneuvers such notice shall be filed within thirty days after completion of such maneuvers: And provided further, That in either case such notice of damage accruing before the passage of this Act shall be filed within thirty days after the passage thereof. SEC. 11. OFF-STREET PARKING.-In order to facilitate the flow of traffic on sections of the strategic network of highways forming bypasses around and connections into and through municipalities and metropolitan areas, the Commissioner of Public Roads is authorized to cooperate with the States in the location, development, and construction of off-street facilities for the parking of vehicles, and projects for providing such facilities shall be considered to be highway projects. Where street park Where provision is made by any State for the permanent prohibition of parking of vehicles within the roadway or street portion of any through highway over which the State has been legally vested with traffic control and which forms a section of the strategic network of Availability of highways, funds heretofore or hereafter made available for expenditure in accordance with the provisions of the Federal Highway Act, as amended and supplemented, for construction and reconstruction on the system of Federal-aid highways, are hereby also made available, on the pro rata basis heretofore provided by law, for the location, development, and construction of off-street vehicle parking facilities to serve the area where parking on such highway is so prohibited, including the cost of acquiring the lands necessary for such facilities: Provided, That the Federal Works Administrator is authorized and directed to withhold from any allotment of Federal highway funds to any State a sum equal to the Federal share of the cost of any offstreet parking facilities upon the failure of such State adequately to enforce such permanent prohibition of parking of vehicles within the roadway or street portion in connection with which Federal funds have been expended for the construction of such off-street parking Restriction on cost. facilities: And provided further, That the authority contained in this section shall not be exercised unless the Commissioner of Public Roads finds that the Federal share of the cost of providing such off-street parking facilities will be materially less than the Federal share of the cost of widening or relocating the section of the strategic network of highways which such off-street parking facilities are designed to serve, and that the benefits to be derived from the construction of off-street parking facilities will be substantially as great as the benefits to be derived from such widening or relocation. Provisos. Enforcement of parking prohibition. SEC. 12. COST OF RIGHT-OF-WAY ON STRATEGIC HIGHWAY NETWORK. When funds heretofore or hereafter made available for expenditure in accordance with the provisions of the Federal Highway Act, as amended and supplemented, are expended for any project on the strategic network of highways the acquisition of new or additional rights-of-way necessary for such project may, to the extent determined by the Federal Works Administrator, be included as part of the construction of such project and Federal funds shall be available, to the extent determined by the Federal Works Administrator, to pay a share of the costs of such acquisition. SEC. 13. COST OF RIGHT-OF-WAY IN GRADE-CROSSING ELIMINATION.— When funds heretofore or hereafter made available for expenditure in accordance with the provisions of the Federal Highway Act, as amended and supplemented, for the elimination of hazards to life at railroad grade crossings are expended for any project on the strategic network of highways, the acquisition of new or additional rights-of-way necessary for such project may, to the extent determined by the Federal Works Administrator, be included as part of the construction of such project and such funds shall be available, to the extent determined by the Administrator, to pay a share of the costs of such acquisition. Proviso. 40 U. S. C. §§ 2588258e. 6 F. R. 2617. SEC. 14. ACQUISITION OF RIGHTS-OF-WAY.-By agreement with the State highway department of any State, such new or additional rights-of-way, lands, or interests in lands in such State as may be required for any project authorized by this Act, may be acquired by such highway department or by any political subdivision of such State, and the Commissioner of Public Roads may advance or reimburse the share of the cost of such acquisition payable by the Federal Government: Provided, however, That if the Federal Works Administrator shall determine that the highway department of any State approval of title. is unable to obtain possession and the right to enter upon and use the required rights-of-way, lands, or interests in lands, improved or unimproved, with sufficient promptness, the Federal Works Administrator is authorized to acquire, prior to approval of title by the Attorney General, in the name of the United States, such rights-of-way, lands, or interests in lands as may be required in such State for such projects, by purchase, donation, condemnation, or otherwise, in accordance with the laws of the United States (including the Act of February 26, 1931, 46 Stat. 1421) and, during the continuance of the emergency declared by the President on May 27, 1941, may enter upon and take possession thereof, and expend public funds for projects thereon, prior to approval of title by the Attorney General (without regard to the provisions of sections 355, 1136, and 3709 of the Revised Statutes, as amended, and without regard to State, municipal, or local US 1339; 41 laws, ordinances, or regulations). The costs incurred by the Federal Works Administrator in acquiring any such rights-of-way, lands, or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition; and shall be payable out of the funds available for paying the cost, or the Federal share of the cost, of the project for which such rights-of-way, lands, or interests in lands are acquired. The Federal Works Administrator is further authorized and directed, by proper deed executed in the name of the United States, to convey any lands or interest in lands acquired in any State under the provisions of this section to the highway department of such State, or to such political subdivision thereof as its laws may provide, upon condition that such highway department or political subdivisions will accept the same and will maintain the project constructed thereon. SEC. 15. ROAD WORK FOR FEDERAL AGENCIES.-The Commissioner of Public Roads is authorized, upon the request of any branch of the Federal Government, to perform any service in connection with the 278941° 42—PT. I- 49 34 U. S. C. § 520; 10 U. S. C. Payment of costs. Conveyance of lands, etc., to States. 31 U. S. C. § 686. Proviso. Proviso. Short title. November 21, 1941 Construction of public works. construction of roads or bridges, including the preparation of plans, designs, specifications and estimates, the execution of contracts, and supervision of the work, payment of all costs involved in such work to be made by transfer of funds in accordance with the provisions of section 7 of the Act approved May 21, 1920 (41 Stat. 613), as amended. SEC. 16. DETAIL OF EMPLOYEES AS STUDENTS.-During any fiscal year the Commissioner of Public Roads is hereby authorized, in his discretion, to detail not to exceed ten of the regularly employed personnel of the Public Roads Administration as students for limited periods at such technical institutions as will enable such personnel to acquire special knowledge which will better fit them for the lines of work to which they are assigned: Provided, That no expense other than the salaries of personnel so detailed and the cost of tuition and other regular fees required at such institutions shall be incurred by the United States under this section. SEC. 17. DETAIL OF ARMY AND NAVY OFFICERS.-The Secretary of War and the Secretary of the Navy, upon request of the Federal Works Administrator, are authorized to make temporary details to the Public Roads Administration of officers of the Army and officers of the Navy, without additional compensation, for technical advice and for consultation regarding highway needs for the national defense: Provided, That the travel and subsistence expenses of officers so detailed shall be paid, from appropriations available to the Public Roads Administration, on the same basis as authorized by law and by regulations of the War Department for officers of the Army and by law and by regulations of the Navy Department for officers of the Navy. SEC. 18. This Act may be cited as the "Defense Highway Act of 1941". To authorize the incorporated city of Ketchikan, Alaska, to undertake certain public works and for such purpose to issue bonds in a sum not exceeding $250,000. Be it enacted by the Senate and House of Representatives of the Ketchikan, Alaska, United States of America in Congress assembled, That the incorporated city of Ketchikan, Alaska, is hereby authorized and empowered (1) to construct, furnish, and equip a new public-school building, including the purchase and clearing of the necessary site therefor; (2) to reconstruct and remodel for use as a high school the present public-school building which is now jointly used for grade and high-school purposes; (3) to construct, furnish, and equip a new fire hall for use of the city and to tear down and remove the present building used for that purpose which is no longer safe or adequate; and for such purposes to issue bonds in any amount not exceeding $250,000, the same to be in excess of the present bonded indebtedness of said city. Bond issue. Special election. SEC. 2. Before said bonds shall be issued a special election shall be ordered by the common council of the said city of Ketchikan, Alaska, at which election the question of whether such bonds shall be issued in any amount not exceeding $250,000 for any or all of the purposes hereinbefore set forth shall be submitted to the qualified electors of said city of Ketchikan, Alaska, whose names appear on the last assessment roll of said city for purposes of municipal taxation. The form of the ballot shall be such that the electors may vote for or The against the issuance of bonds in any amount not exceeding $250,000 for any or all of the purposes herein specified. Not less than twenty days' notice of such election shall be given to the public by posting notices of same in three conspicuous places within the corporate limits of the city of Ketchikan, Alaska, one of which shall be at the front door of the United States post office at Ketchikan, Alaska. election notices shall state that bonds in any amount not exceeding $250,000 are proposed to be issued for the purposes, or any of them, herein specified. The registration for such election, the manner of conducting the same, and the canvass of the returns of said election. shall be, as nearly as practicable, in accordance with the requirements of law in general or special elections in said municipality; and such bonds shall be issued for the purposes herein authorized only upon condition that not less than 55 per centum of the votes cast at such election in said municipality shall be in favor of the issuance of said bonds for such purpose or purposes. SEC. 3. The bonds herein authorized shall be coupon in form and shall mature in not to exceed thirty years from the date thereof. Such bonds may bear such date or dates, may be in such denomination or denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable at such place or places, may be sold at either public or private sale, may be nonredeemable or redeemable (either with or without premium), and may carry such registration privileges as to either principal and interest, or principal only, as shall be prescribed by the common council of said city of Ketchikan. The bonds shall bear the signatures of the mayor and of the clerk of the city of Ketchikan, and shall have impressed thereon the official seal of said municipality. The coupons to be annexed to such bonds shall bear the facsimile signatures of the mayor and of the clerk of said municipality. . In case any of the officers whose signatures or countersignatures appear on the bond shall cease to be such officers before delivery of such bonds, said signatures or countersignatures, whether manual or facsimile, shall nevertheless be valid and sufficient for all purposes, the same as if said officers had remained in office until such delivery. Said bonds shall bear interest at a rate to be fixed by the common council of the city of Ketchikan, not to exceed, however, 5 per centum per annum, payable semiannually, and said bonds shall be sold at not less than the principal amount plus accrued interest. Such bonds shall be, and shall at all times be treated as, negotiable instruments for all purposes. SEC. 4. The bonds herein authorized to be issued shall be general obligations of the said city of Ketchikan, payable as to both interest and principal from ad valorem taxes which shall be levied upon all of the taxable property within the corporate limits of such municipality in an amount sufficient to pay the interest on and the principal of such bonds as and when the same become due and payable, and also payable from any other funds of said city which may lawfully be applied thereto. SEC. 5. No part of the funds arising from the sale of said bonds shall be used for any purpose or purposes other than those specified in this Act. Said bonds shall be sold only when and in such amounts as the common council of the city of Ketchikan shall direct; and the proceeds thereof shall be distributed only for the purposes, or any of them, hereinbefore mentioned and under the orders and direction of said common council from time to time as such proceeds may be required for said purposes. SEC. 6. The said city of Ketchikan is hereby authorized to enter into contracts with any person or persons, firms or corporations, public or private, for the sale of such bonds; and such contracts may Notice of election. Registration, etc. Percentage of favorable votes required. Form and maturity of bonds. Signatures, etc. Interest rate. Obligations payable from taxes. Restrictions. Contracts for sale of bonds. contain such terms and conditions as may be agreed upon by and between the common council of said city of Ketchikan and any such Acceptance of grants purchaser. The city of Ketchikan is further authorized to accept any grant or grants for which it may be eligible to aid in the financing of the public works herein authorized, and through its common council to enter into any and all suitable contracts necessary or proper to secure such grant or grants. to aid in financing. Approved, November 21, 1941. [CHAPTER 476] AN ACT To authorize maintenance and use of a banking house upon the United States military reservation at Hickam Field, Oahu, Hawaii. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Bishop National Bank of Hawaii, at Honolulu, a national banking association organized and existing under the laws of the United States relative to national banks be, and it is hereby, authorized, upon the completion of the erection of the building authorized to be erected by said bank under the provisions of a revocable license issued by the Secretary of War on the United States military reservation at Hickam Field, Oahu, Hawaii, to maintain, alter, improve, and use the same, under such regulations and conditions and for such term or terms as the Secretary of War may from time to time prescribe, for the purpose of conducting therein a general banking business authorized under and by the charter of the bank and the laws of the United States relative to national banks. Approved, November 21, 1941. [CHAPTER 477] AN ACT To authorize an appropriation for the purpose of establishing a national cemetery at Honolulu, Territory of Hawaii. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000 to establish a national cemetery at Honolulu, Territory of Hawaii: Provided, That a suitable location for such a cemetery, acceptable to the War Department, shall be made available without cost to the United States Government. Approved, November 21, 1941. [CHAPTER 478] AN ACT To authorize the Secretary of War to grant a right-of-way to Grand Trunk Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to grant to Grand Trunk Western Railroad Company, a corporation, incorporated and consolidated under the laws of the States of Michigan and Indiana, its successors and assigns, for such compensation and under such other terms and conditions as may be approved by the Secretary of War, |