mary, secondary, urban, and interstate, shall bear the same proportionate share of the reduction. § 1.19 Records and cost keeping. (a) Such records of the cost of construction, of inspection, of tests, and of maintenance done by or on behalf of the State, shall be kept, by or under the direction of the State highway department, as will enable the State to report, upon the request of the Administrator, the amount and nature of the expenditure for these purposes. (b) The records required by paragraph (a) of this section for each project, together with all supporting documents, shall be retained for a period of three years after the payment of the final voucher, and shall be open at all times to inspection by the Administrator, or his authorized representatives, and copies thereof shall be furnished when requested. § 1.20 Payments. Vouchers in the form provided by the Administrator and certified as therein prescribed, showing amounts expended on any project and the amount claimed to be due from the Federal Government, shall be submitted by the State highway department to the Bureau of Public Roads, either after completion of the project or as the work progresses. § 1.21 Advance of funds. If necessary to enable any State highway department to make prompt payments for acquisition of rights-of-way and for construction as it progresses, the Administrator may advance the Federal share of the cost of such acquisition or construction to any State in such manner and subject to such conditions as he may prescribe. § 1.22 Delegation of authority. The Administrator shall perform the functions vested in the Secretary by the act except for the following: (a) Making regulations; (b) functions reserved to the Secretary by these regulations; (c) apportioning Federal-aid road funds among the States; and (d) functions reserved to the Secretary by internal directives and administrative regulations of the Department. The Administrator may redelegate any power or authority conferred upon him by this section to the Commissioner or to any official or officials of the Bureau of Public Roads as in his judgment will result in economy and efficiency in effectuating the purposes of the act and the regulations in this part. § 1.23 Operating procedures and instructions. The Administrator is hereby authorized to issue such operating procedures and instructions not in conflict with the act or with the regulations in this part as he may deem necessary for carrying out the provisions and effectuating the purposes of the act and the regulations in this part, and all such operating procedures and instructions issued by him shall be and continue in full force and effect from the date on which issued or made effective until modified or revoked by him. § 1.24 Public hearings. The Administrator shall prescribe procedures for State highway departments to follow with respect to public hearings on any Federal-aid highway project involving the bypassing of, or going through, any city, town or village, incorporated or unincorporated, pursuant to the provisions of section 116 (c) of the Federal-Aid Highway Act of 1956. § 1.25 1954 Secondary Road Plan. Any State may come under the 1954 Secondary Road Plan with the approval of the Administrator pursuant to such operating procedures and instructions as the Administrator may from time to time prescribe. Such approval will remain in effect at the discretion of the Administrator. Any State, District, or Territory which comes under the 1954 Secondary Road Plan shall not be subject in connection with secondary road projects to the following sections of this part: §§ 1.8 (a), (b) (3) and (c); 1.10 (a), (b), (c), (d), (e), (f), (g), (h), the last sentence of (j), and (k); 1.12 (b), (c), (d) and (e). § 1.26 Application of regulations. The regulations in this part shall take effect upon publication in the FEDERAL REGISTER and shall supersede all regulations heretofore in effect for carrying out the provisions of the act. any construction be started, without the prior approval of the division engineer. § 15.6 Surveys. (a) Surveys, and the preparation of construction plans, specifications and cost estimates, may be made for any improvement that is to be considered for inclusion in a future forest highway program. Such surveys may be made on routes that ultimately may become a part of the forest highway system as well as present forest highway routes. (b) Before the completion of a survey, the regional forester shall be notified in writing so that he shall have opportunity to examine the surveyed line or the location map and to indicate any details of location desirable for the protection or development of the national forests. § 15.7 Construction. (a) No construction shall be undertaken upon any designated part of the forest highway system by any Federal agency until a survey and cost estimate have been approved by the division engineer and the State highway department, unless otherwise specifically authorized by the Commissioner; but the Forest Service at its expense may make temporary repairs on forest highways or construct timber utilization roads on the forest highway system following as closely as practicable surveys made by the Bureau of Public Roads at the request of the Forest Service. (b) Approval of plans, specifications and estimates shall be by the Commissioner, or his duly authorized representative, following which the division engineer may advertise projects carried in the approved forest highway program. (c) The construction of forest highways will be performed by the contract method, unless otherwise authorized by the Commissioner. The Commissioner, or his duly authorized representative, shall accept or reject proposals from bidders on any forest highway construction projects and execute any necessary contracts and supporting bonds therefor. If it is impracticable to construct a project or any part thereof by the contract method, the Commissioner may proceed with force account construction as authorized by paragraph (d), section 23, of the Federal Highway Act, as amended and supplemented. (d) Construction work on projects shall not be considered complete until the project has been inspected and approved by the division engineer and the cooperating agency, nor until the regional forester has approved the clearing and disposal of refuse. § 15.8 Maintenance. Maintenance of forest highways shall be the responsibility of the cooperating agency unless otherwise approved by the Commissioner. However, maintenance of projects during their construction and for a specified period after completion of construction may be the responsibility of the Bureau of Public Roads in accordance with a cooperative agreement between the cooperator and the Bureau of Public Roads. $ 15.9 Records and accounting. (a) The Commissioner shall keep all records which he deems necessary of survey, construction, and maintenance costs for projects under his supervision. (b) Each equipment depot under the jurisdiction of the Bureau of Public Roads shall be operated on a self-sustaining basis. Work done in the equipment depots will be charged on an actual cost basis, including overhead. Projects on which equipment is used will be charged with the cost of such equipment on a depreciation or appropriate rental basis. (c) Cooperative funds contributed by any cooperator shall be deposited in the United States Treasury to the credit of the fund set up for Cooperative Work, Forest Highways, Bureau of Public Roads. INDEX A Accidents abroad, aircraft; reporting, protective services, etc., State Department regulations, 22 Part 102 Advice or assistance to foreign governments, by American citizens, 22 Part 3 Agricultural interests, American protection and promotion of, by Foreign Service officers, 22 Part 101 Aid to foreign countries. See International Cooperation Administration. Air Commerce Act of 1926; exclusion of certain functions under, from operation of Administrative Procedure Act, 22 § 128.1 Aircraft: Accidents of American aircraft abroad, and foreign aircraft accidents involving Americans; reporting, assistance, etc., by Foreign Service officers, 22 Part 102 Exportation of aircraft, parts, etc., designated as implements of war, 22 §§ 121.5, 121.21 Foreign military aircraft flights; clearances, use of military installations, etc., 22 Part 127 Stolen airplanes, etc., American or Mexican; treatment of, under treaty with Mexico, 22 Part 32 United States Munitions List items; exportation of aircraft, parts, etc., designated as implements of war, 22 §§ 121.5, 121.21 Airmen; visas for nonimmigrant crewmen, 22 §§ 41.60-41.67 Aliens: Departure prejudicial to interests of United States, control of, 22 Part 46 Enemy aliens brought to United States from other American Republics without admission under immigration laws, 22 Part 111 International educational exchange service; admission, grants, etc., under various programs, 22 Parts 61-63 Seamen and airmen, entering United States; documentation of nonimmigrant crewmen, 22 §§ 41.60-41.67 Travel control of alien nationals in wartime or national emergency, 22 Part 53 Visas, for aliens, immigrant and nonimmigrant. See State Department. American citizens and nationals; travel control of, protection and welfare abroad, passports, nationality procedures, etc. See State Department. American economic, commercial, and agricultural interests, abroad; promotion and protection of, by Foreign Service officers, 22 Part 101 American-made visual and auditory educational materials; measures to facilitate circulation of, abroad, 22 Part 502 American National Red Cross; assistance to, by Foreign Service officers and employees, 22 § 71.8 American Republics and other Western Hemisphere countries; shipments of arms to, travel control of Americans to or from, documentation of aliens from, etc. See State Department. Armed Services: Arms for individual use of members of Armed Forces; exemption from licens ing controls, 22 § 123.54 Armed Services-Continued Deceased personnel: American servicemen buried abroad; exemption for family of, from passport fee, 22 §§ 51.49, 51.50 Personal estates of Coast Guard and Defense Department personnel; responsibility of Foreign Service officers respecting, 22 §§ 72.23, 72.24, 72.54 Documentation requirements for alien members of and members of Armed Services of foreign governments; exemption by law or treaty, 22 § 41.22 Naval force in foreign port, requests for, by Foreign Service officers, 22 § 71.2 Shipment of aircraft parts, etc., to Armed Services, 22 § 123.41 Travel control in time of war or national emergency; exceptions for members of Armed Forces, 22 § 53.3 (c), (d) Arms, ammunitions, and implements of war, international traffic in; licensing controls and agreements, registration of manufacturers, exporters and importers, violations, etc., 22 Parts 121-128 Foreign military aircraft flights, 22 Part 127 Technical data and information, 22 §§ 121.8-121.10, Parts 124, 125 United States Munitions List; designation of certain articles as arms, ammunitions, and implements of war, 22 § 121.21 Asians; immigration quotas, etc., 22 §§ 42.14-42.18 Attorneys, selection of; assistance by Foreign Service officers, 22 § 92.82 Auditory educational materials, American-made; circulation abroad, 22 Part 502 B Banking institutions; letters of commitment to, authorizing assistance to participating countries in International Cooperation Administration programs, 22 §§ 201.16, 201.22 Births of children of American nationals abroad, registration of, 22 § 52.1 Bonds of Foreign Service officers, action on, in cases of damages resulting from neglect of duty, etc., 22 § 13.3 Books, maps, newspapers, etc., purchase of, by State Department, 22 Part 132 Border-crossing identification cards for nonimmigrants; requirements, 22 §§ 41.641.8, 41.20-41.22 C Canada: Arms, ammunition, implements of war, etc.; shipments to or from, 22 §§ 123.23 125.12 Documentation of aliens from, 22 §§ 41.6, 41.7, 41.20, 42.6 Travel of United States citizens and nationals to or from; exceptions from control requirements, 22 § 53.3 Waters, use of; applications for approval of use, International Joint Commis sion, United States and Canada, rules of procedure in connection with 22 Part 401 Canal Zone; departure of aliens from, control of, 22 § 46.6 Catastrophes abroad, reports on, by Foreign Service officers, 22 § 71.7 Certificates, etc.: American nationality, identity, etc., certificates respecting, 22 §§ 50.14-50 Educational materials, visual and auditory, American-made, for circulat False certificates by consular officers as to ownership of property, 22 § 13.4 Chemicals, poison gases, etc.; international traffic in, export controls, 22 §§ 121 121.25 Children: See State Department Alien, entering United States, documentation of. Passports and visas for; regulations respecting. See State Department. highway department shall determine that the organization that is to undertake the work is able and equipped to perform such work at costs which are reasonable and which compare favorably with similar contract work. (b) No part of the Federal money set aside on account of any project shall be paid until it has been shown to the satisfaction of the Administrator that adequate methods, either advertising or other devices appropriate for the purpose, were employed, prior to the beginning of construction, to insure economy and efficiency in the expenditure of such money. An advertising period of 2 weeks may be accepted, provided a suitable mailing list of contractors is maintained by a State highway department to whom notices of new work are mailed, and public advertisement is inserted at least once a week for 2 weeks in such publications as will insure adequate publicity, the first insertion to be 2 weeks prior to the opening of bids. In case of emergency an advertising period of less than 2 weeks, or another method insuring competitive prices, may be approved. (c) All contracts for the construction of highways under the act shall require the contractor to furnish all materials entering into the work, except as otherwise authorized by the prior approval of the Administrator. No requirement shall be contained in any contract entered into by any State providing price differentials for, requiring the use of, or otherwise discriminating in favor of materials produced within the State. (d) No procedure or requirement shall be approved which, in the judgment of the Secretary, is designed or may operate to prevent the submission of a bid by, or the award of a contract to, any responsible contractor, whether resident or nonresident of the State wherein the work is to be performed, such as laws or regulations which require the licensing of a contractor before he may submit a bid or which prohibit the consideration of a bid submitted by a contractor not so licensed, or rules which govern the prequalification of contractors by which the amount of work that may be awarded to a contractor is limited otherwise than by a full and appropriate evaluation of his experience, equipment, financial resources, and performance record. (e) No contract for any project or part thereof shall be entered into or award therefor made by any State without prior concurrence in such action by the Administrator, and no alteration in the contract subsequently shall be made without the approval of the Administrator. Prior to concurrence by the Administrator in any proposed award of a contract for work financed in whole or in part with funds made available under the Federal-Aid Highway Act of 1954 or subsequent acts, the State shall furnish a sworn statement executed by, or on behalf of, the successful bidder to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. (f) Where bids for a project are received on alternate types of construction, the award of contract shall be made to the responsible bidder submitting the lowest acceptable bid irrespective of type, unless it be satisfactorily shown that it is in the public interest to accept a higher bid. (g) All contracts for projects under the act shall contain suitable stipulations designed to insure that the contractor shall perform with his own organization work amounting to not less than 50 percent of the combined value of all items of work covered by the contract for each project: Provided, however, That any work under the contract which will require highly specialized knowledge, craftsmanship, or equipment not ordinarily available in contracting organizations qualified to bid on the project, may be designated and shown in the advertised specifications as "Specialty Items" and the items so designated may be performed by subcontract without regard to the above limitation. (h) No part of the money apportioned under the act shall be used, directly or indirectly, to pay or to reimburse a State, county, or local subdivision for the payment of any premium or royalty on any patented or proprietary material, specification, or process for a distinctive type of construction unless purchased or obtained on open actual competitive bidding at the same or less cost than unpatented articles or methods, if any, equally suitable for the same purpose, or unless the State highway department |