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Title 23—Highways

Cross REFERENCES: Forest Service, Department of Agriculture: See Parks, Forests, and

Memorials, 36 CFR Chapter II. Office of the Secretary of Labor and labor regulations: See Labor, Title 29. Regulations concerning construction and maintenance of roads on Indian lands, Bureau of

Indian Affairs, Department of the Interior: See Indians, 25 CFR Part 162. Regulations of the Bureau of Land Management concerning rights-of-way for roads and

highways: See Public Lands, Interior, 43 CFR Part 244. Regulations relating to use of land for roads and trails of the Forest Service, Department of

Agriculture: See Parks, Forests, and Memorials, 36 CFR 251.5. Bureau of Employment Security, Department of Labor: See Employees' Benefits, 20 CFR

Chapter V.



Part 1

Regulations under the Federal-Aid Road Act of July 11, 1916, as amended

and supplemented.
Rules and regulations for administering forest highways.


AUTHORITY: $$ 1.1 to 1.26 issued under Part 1-Regulations Under the

sec. 18, 42 Stat. 216, as amended; 23 U. S. C. Federal-Aid Road Act of July 19. 11, 1916, as Amended and

SOURCE: $$ 1.1 to 1.26 appear at 22 F. R.

1063, Feb. 21, 1957. Supplemented

$ 1.1 Definitions. For the purposes Sec. 1.1 Definitions.

of the regulations in this part, the fol1.2 Purpose.

lowing terms shall be construed, respec1.3 Organization and powers


State tively, to mean: highway department.

(a) Act. The Federal-Aid Road Act 1.4 Selection and designation of highway

of July 11, 1916, and all acts amendatory systems.

thereof or supplementary thereto Establishment of "urban area" bound1.5 aries.

(U. S. C. 23), except those provisions 1.6 Programs of proposed projects.

which relate to national forest roads 1.7 Project statements.

and highways, national park and na1.8 Surveys, plans, specifications, and es- tional park approach roads and parktimates.

ways, and Indian reservation roads. 1.9 Project agreements. 1.10 Construction and contracts.

(b) Secretary. The Secretary of 1.11 Rights-of-way.

Commerce, Department of Commerce. - 1.12 Labor and employment.

(c) Administrator. The Federal 1.13 Highway planning and research

Highway Administrator, Bureau of projects. 1.14 Railway-highway crossing projects.

Public Roads, Department of Commerce. 1.15 Coordination of airport and highway (d) Commissioner. The Commislocation.

sioner of Public Roads, Bureau of Public 1.16 Maintenance of projects.

Roads, Department of Commerce. 1.17 Traffic signs and signals. 1.18 Diversion of gasoline and motor-vehicle

(e) State. The 48 States, District of taxes; reduction of apportionment.

Columbia, Hawaii, Puerto Rico, and 1.19 Records and cost keeping.

Alaska to the extent that the regula1.20 Payments.

tions in this part apply to Alaska under 1.21 Advance of funds.

section 107 of the Federal-Aid Highway 1.22 Delegation of authority.

Act of 1956. 1.23 Operating procedures and instructions. 1.24 Public hearings.

(f) State highway department. The 1.25 1954 Secondary Road Plan.

department of each State government 1.26 Application of regulations.

adequately organized and equipped to

exercise all the functions incident to operations under the Federal highway legislation and authorized, by the laws of the State, to make final decisions for the State in all matters relating to, and to enter into, on behalf of the State, all contracts and agreements providing for State-Federal cooperative road projects.

(g) Latest available Federal census. The latest available Federal decennial census, except for the establishment of "urban area" boundaries as provided in $ 1.5.

(h) Urban area. An area including and adjacent to a municipality or other urban place of five thousand or more population as shown by the latest available Federal census.

(i) Rural areas. All areas of the State not included in "urban areas."

(j) 1954 secondary road plan. The plan under which a State requests that the Secretary of Commerce discharge his responsibility relative to certain statutory duties pertaining to secondary roads by receiving and approving a statement certified by the State highway department, all as more fully set forth in, and pursuant to, the second, third, and fourth provisos of section 1 of the Federal-aid Highway Act of 1954.

(k) Interstate system. The National System of Interstate and Defense Highways.

$ 1.2 Purpose. (a) To establish the pattern for a long-range program of highway development designed for the national and civil defense and to serve the major classes of highway traffic broadly defined as (1) interstate or interregional, (2) intercity or intrastate, (3) rural secondary or farm-to-market, and (4) intra-urban;

(b) To recognize the State highway department as the legal representative of the State including all government subdivisions in the administration of the act within each State;

(c) To provide for a more comprehensive rural-road program through cooperation between the State highway department, the county or other appropriate local road officials, and the Bureau of Public Roads in connection with the Federal-aid secondary systems;

(d) To insure continuity in the direction of expenditures to accomplish the objectives of the long-range program by the selection of road systems and by an

nual improvement programs of projects lying upon each system;

(e) To create for the purposes of the act "urban areas" which are urban in character and which may include suburban communities outside municipal boundaries and to make provision for aiding the planning and development of arterial highways to serve such areas;

(f) To accelerate the construction of the Federal-aid highway systems and the prompt completion of the Interstate System.

§ 1.3 Organization and powers of State highway department. Each State shall maintain at its own expense a State highway department as defined in g 1.1, having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by the act and by the regulations in this part. From time to time as the Secretary may determine, there shall be furnished to him, by or on behalf of a State, information concerning: (a) Laws affecting roads and the authority of the State and local officials in reference to the acquisition of rights-ofway, construction, maintenance, and control of roads; (b) the State highway department, how equipped and organized; (c) constitutional and legislative provisions relative to revenues for the administration, construction, reconstruction, and maintenance of roads; and (d) funds that will be available to meet the State's share of the cost of construction work to be performed and the sources of such funds.

$ 1.4 Selection and designation of highway systems. (a) The highway systems designated to become the pattern for the long-range development of adequate highway service shall be so selected as to form an integrated net within each State and with like systems at State boundaries. There is no predetermined time limit for the submission of the full selection of the systems and no fixed maximum for the mileage of the systems other than the specific limitations of the act.

(b) The extent of the overall mileage of the systems as finally approved shall be determined by the ratio of the estimated annual income that will be available from all sources for, and the estimated annual costs of, the maintenance, construction, and reconstruction of the mileage included in the long-range program and shall be so balanced as to permit completion of the initial improvements within a reasonable period of years. The conservation and development of natural resources and of economic and social values, particularly those encouraging desirable land utilization, by providing adequately improved and maintained highways are to be given greater weight in the selection of routes for inclusion in the several systems than is the existing numerical traffic volume.

(c) The highway systems to be selected and designated in accord with the requirements of the act are:

(1) The Interstate System as required by section 7 of the Federal-Aid Highway Act of 1944, as amended by section 108 (1) of the Federal-Aid Highway Act of 1956, including such toll roads, bridges and tunnels as may be approved as part of the Interstate System pursuant to section 113 of the 1956 Act.

(2) The Federal-aid highway system as now constituted and approved, with such revisions as may be approved.

(3) A Federal-aid secondary system as required by the act. The roads selected shall be roads not included in the Federal-aid highway system and shall be exclusively within “rural areas,” except that in States which have a population density exceeding 200 per square mile, roads and streets within “urban areas" may be included; and also except for approved extensions of the secondary system within urban areas. The system so selected in cooperation with local road officials shall be submitted to the Administrator in the form required by him and shall be subject to his approval.

(d) An extension of a secondary system into an urban area may be approved where such extension connects the point from which the extension is made with another point on the secondary system outside of the urban area either by direct connection, using the secondary system exclusively, or an indirect connection which uses a portion of another Federal-aid system. Any such extension may be financed only with urban funds. This paragraph does not affect the statutory right of those States which have a population density exceeding 200 per square mile to include in the secondary system roads and streets within urban areas.

(e) All revisions of systems, including transfers from one system to another, are subject to approval by the Adminis

trator. However, approval of revisions of any section of the Interstate System between such control points as may be established, on which section an interstate project has been constructed, or is under actual construction, with Federalaid funds, will be given only under the most unusual circumstances and conditions, which would clearly justify such approval.

$ 1.5 Establishment of urban area" boundaries. Prior to the inclusion in a proposed program of any project involving funds authorized for urban areas, the boundaries of the particular urban area or areas involved shall be submitted by the State highway department and approved by the Administrator, in accord with the terms of the act. For the purposes of this section, the term “latest available Federal census" as used in the act, shall mean the latest published official census, decennial or special. Projects in urban areas for which the boundaries have been established may be approved prior to the determination of the boundaries of all urban areas within a State.

§ 1.6 Programs of proposed projects. Each State highway department shall prepare and submit to the Administrator for approval detailed programs of proposed projects for the utilization of any apportionment of funds made to the State under the provisions of the act. Projects for construction on the Federalaid secondary system shall be selected and the specifications with respect thereto shall be determined by the State highway department and the appropriate local officials in coperation with each other, subject to approval by the Administrator as provided by the act. These programs shall be in such form and shall be supported by such information as the Administrator may require. Prior to the inclusion in the program of projects lying off the approved systems, the routes of which such projects form an integral part shall be submitted by the State highway department and approved by the Administrator as routes of the appropriate system.

$ 1.7 Project statements. (a) The program required by $ 1.6 may be accepted as constituting the project statement referred to in the act.

(b) The Administrator shall not authorize the advertisement of any project and shall not concur in the award

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