SEC. 2. A location survey and estimate of cost of major projects included in the forest highway and forest development programs, under allotments set up as provided in regulation 7, shall be made by the Bureau as soon as practicable. SEC. 3. Construction work on any major project included in the forest highway or forest development program shall not be authorized or undertaken until a location survey and cost estimate satisfactory to the Bureau has been made by the Bureau, unless specifically agreed upon by the Forester and the chief of the Bureau. SEC. 4. Upon the completion of such survey and cost estimate, the construction of a designated project, conforming with the original project or forming a part thereof, at a designated cost not exceeding by more than 25 percent the expenditure authorized in the forest highway or forest development program, may be authorized by joint agreement of the chief of the Bureau and the Forester. Construction projects substantially deviating from the project as approved in the forest highway or forest development programs or which exceed by more than 25 percent the expenditure authorized therein shall be submitted by the chief of the Bureau and the Forester to the Secretary for approval. SEC. 5. Following the authorization of any major construction project as provided in this regulation, the Bureau shall proceed with its construction under an allotment set up as provided in regulation 7. SEC. 6. The construction of projects on all national forest highways of classes 1 and 2 of regulations 3 section 2, shall be in accordance with plans and specifications prepared under the direction of the Bureau. Such construction shall not be started until the plans and specifications have been approved by the Bureau and by the State highway department, and until the district forester has had opportunity to examine the location map or surveyed line and to indicate any details of location desirable for the protection or development of the national forests. The construction of all other major projects under the direction of the Bureau shall be in accordance with the plans and specifications prepared by the Bureau and approved by the Forest Service and each cooperating agency. SEC. 7. The construction of minor projects shall be in accordance with the specifications approved by the Forest Service and such cooperating agency as may be involved. SEC. 8. Construction work on national forest highways of classes 1 and 2 of regulation 3, section 2, shall not be considered complete until the project has been inspected and approved by the Bureau and the State highway department, nor until the district forester has approved the clearing and disposal of refuse. No other construction work on major projects shall be accepted as complete by the Bureau until it has been inspected and approved by the district forester and the cooperator. SEC. 9. Maintenance work on all forest highways shall be performed by the Bureau unless otherwise specified by agreement. The maintenance of all other road and trail projects shall be performed by the Forest Service unless otherwise provided by cooperative agreement. REGULATION 7. RECORDS AND ACCOUNTING 1 SECTION 1. Following the approval of the initial forest highway program for any State and of any subsequent projects or group of projects included therein, a lump sum allotment shall be set up by the Forest Service with the district fiscal agent of the Forest Service for disbursement on vouchers approved by authorized officers of the bureau covering: (1) The authorized expenditures of all approved major projects. (2) The current cost of maintenance on all projects to be maintained by the Bureau, as estimated by the Bureau. (3) From the administrative and equipment fund provided for by regulation 2, section 4, an amount for administrative expenses and equipment equal to ten percent of the sum of nos. 1 and 2. SEC. 2. Following the approval of the forest development road program for any State or subsequent development projects in that State, a similar allotment covering major projects so approved shall be set up for disbursement on vouchers approved by the Bureau, and a similar procedure followed in subsequent adjustments or transfers. SEC. 3. Corresponding allotments shall be set up by the Forest Service with the district fiscal agents of the service covering approved minor projects and the expenditures of the Forest Service for administration and maintenance. One 1 As amended Apr. 5, 1923. percent of each Forest Highway apportionment shall be similarly set up, for administrative expenses of the Forest Service. SEC. 4. The Forester shall be responsible for maintaining an accurate fiscal record of the status of all appropriations for national forest roads and all expenditures and allotments thereunder for administration, equipment, surveys, construction, and maintenance: SEC. 5. As soon as practicable after the end of each fiscal year the Forest Service shall prepare a report to the Secretary showing the work accomplished in each State on forest development roads and the disbursements made therefor. For the purpose of this report the bureau shall furnish to the Forest Service information regarding the work accomplished on any forest development_roads under the direction of the Bureau. The Bureau shall also furnish to the Forest Service a copy of each monthly statement exhibiting the progress of all its construction and the financial status of each project. As soon as practicable after the end of each fiscal year the Bureau shall also report to the Secretary the work done on national forest highways in each State and the disbursements made therefor. SEC. 6. Cooperative funds deposited in the United States Treasury shall be placed in the appropriation "Cooperative work, Forest Service", authorized by act of Congress of June 30, 1914 (38 Stat. 415, 430), and shall be audited, disbursed, and recorded in the same manner as funds under the act. Cooperative funds not deposited in the Treasury shall be audited and disbursed as provided in the cooperative agreement. SEC. 7. The Bureau shall keep all records which it deems necessary of survey, construction, and maintenance costs on major projects supervised by it. The Bureau shall furnish the Forest Service with a final report showing the accomplishments and expenditures on each project constructed by it, and on the projects constructed under a cooperative agreement a copy of the report will be furnished by the Bureau to the cooperating agency. REGULATION 81 SECTION 1. The term "Emergency construction forest-highway funds, 28 used in this regulation, shall mean the five million dollars of Federal funds appropriated by the act of July 21, 1932 (Public, No. 302, 72d Cong.), to be used for the construction and improvement of national-forest highways. All projects involving the use of such funds shall be known as "Emergency construction forest-highway projects" and shall be designated by prefixing the letter "E" to the project number. SEC. 2. In the performance of work on emergency construction forest-highway projects, no convict labor shall be directly employed. SEC. 3. All contracts for the construction of emergency construction foresthighway projects shall prescribe the minimum rates of wages which the contractors shall pay skilled and unskilled labor, and such minimum rates shall be stated also in the proposals or bids which may be submitted. The wage rates so fixed may be a minimum rate for unskilled labor and a minimum rate for skilled labor, or they may be minimum rates for unskilled labor and for different classes of skilled labor. SEC. 4. Contracts for all emergency construction forest-highway projects shall contain stipulations that (except in executive, administrative, and supervisory positions), so far as practicable, no individual directly employed on any such project shall be permitted to work more than thirty hours per week, and that in the employment of labor preference shall be given to available ex-service men who are found to be qualified, and who have dependents. SEC. 5. In order to give effect to the requirement in the statute for maximum employment of local labor consistent with reasonable economy in construction, hand labor methods will be required to the extent possible without interfering with the quality of the work or unreasonably increasing its total cost. SEC. 6. The specifications for each emergency construction forest highway project shall contain special provisions for carrying into effect the stipulations required by sections 3, 4, and 5 of this regulation, which shall include a requirement that the contractor shall promptly furnish to the district engineer of the Bureau of Public Roads one copy of each pay roll certified under oath by the contractor or his authorized representative. SEC. 7. All forest highway projects advertised for contract subsequent to the date of approval of this regulation during the fiscal year 1933 shall be emergency 1 Amendment adopted July 29, 1932. construction forest highway projects and shall be financed jointly with regular forest highway funds and emergency construction forest highway funds. SEC. 8. This regulation shall apply only to emergency construction forest highway projects. RULES AND REGULATIONS FOR CARRYING OUT THE PROVISIONS OF TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT AUTHORIZING FUNDS UNDER SECTION 205 FOR THE CONSTRUCTION OF HIGHWAYS AND RELATED PROJECTS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 301 OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 (Approved August 9, 1933) APPLICATION OF REGULATIONS SECTION 1. The term "act" as used herein shall be construed to mean those provisions of title II of the National Industrial Recovery Act of June 16, 1933 (Public, No. 67, 73d Cong.), which authorize the construction of (a) national forest highways, (b) national forest roads, trails, bridges, and related projects, (c) national park roads and trails in national parks, owned or authorized, (d) roads on Indian reservations, and (e) roads through public lands, under an allotment of funds to be expended as provided in paragraph (2) of section 301 of the Emergency Relief and Construction Act of 1932. These regulations shall apply to (1) national forest highways, (2) national park roads and trails in national parks, owned or authorized, and (3) roads through public lands, constructed in whole or in part with funds made available under section 205 of the act. PROJECTS SUBJECT TO OTHER RULES AND REGULATIONS SEC. 2. (a) All forest highway projects involving the use of funds under section 205 of the act shall be subject also to the rules and regulations of the Secretary of Agriculture for administering forest roads and trails under the provisions of the Federal Highway Act, as heretofore promulgated and amended, except such provisions thereof as are in conflict or inconsistent with these rules and regulations. (b) All projects in national parks and national monuments and in authorized national park areas, involving the use of funds under section 205 of the act, shall be subject to all the provisions of the rules and regulations of the Secretary of the Interior for administering road and trail projects, except such provisions as are in conflict or inconsistent with these rules and regulations. (c) All projects through public lands, involving the use of funds under this act, shall be subject to the provisions of regulations 16 and 18 of the rules and regulations of the Secretary of Agriculture for administering the Federal Highway Act, except such provisions as are in conflict or inconsistent with these rules and regulations. PRIORITY OF PROJECTS SEC. 3. In the selection of projects to be included in the programs for work under this act priority shall be given to those projects most urgently needed and of the highest importance for the purposes to be served by the appropriation and for serving the Federal properties upon which the appropriation is based; that is, national forests, national parks, or public lands. In determining such need and importance full consideration shall be given to: (a) The closing of gaps in the Federal-aid highway system; (b) the appropriate landscaping of parkways or roadsides on a reasonably extensive mileage; (c) the correlating and supplementing of existing transportation facilities by road, rail, air, and water, which serve the Federal reservations; (d) reconstruction designed to reduce maintenance cost and decrease future Federal highway expenditures; (e) providing a large number of small projects designed to employ the maximum of human labor; and (f) the elimination of hazards to highway traffic, the widening of narrow bridges and roadways, the building of footpaths, the replacement of unsafe bridges, and the construction of facilities to improve accessibility and the free flow of traffic. PREFERENCE IN THE USE OF MATERIALS SEC. 4. All contracts for the construction of projects under this act shall require that preference be given to the use of materials produced under codes of fair competition approved under the National Industrial Recovery Act. CONVICT LABOR SEC. 5. No convict labor shall be employed and no materials manufactured or produced by convict labor shall be used on any project constructed under this act. WAGES OF LABOR SEC. 6 (a) All contracts for the construction of projects under the act shall prescribe the minimum rates of wages, as predetermined by the contracting officer or his duly authorized representative, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated also in the advertisement for bids and in proposals or bids which may be submitted. The wage rates so determined may be a minimum rate for unskilled labor and a minimum rate for skilled labor, or for skilled labor a minimum rate may be fixed for each class of such labor. Such wages shall be just and reasonable compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort. (b) All contracts for the construction of projects under this act shall require that the wages of skilled and unskilled labor shall be paid in legal tender of the United States. All contracts for the construction of projects under this act shall contain a provision that no deduction from the wages of skilled or unskilled labor shall be allowed on account of goods purchased or obligations incurred in any commissary or store owned, leased or otherwise controlled by the contractor. Obligations so incurred shall be subject to collections only in the same manner in which obligations incurred in the ordinary course of business are collectible. PREFERENCE IN EMPLOYMENT OF LABOR SEC. 7. Contracts for all projects under this act shall contain stipulations that in the employment of labor preference shall be given, where they are qualified, to ex-service men with dependents, and then in the following order: (a) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the political subdivision and/or county in which the work is to be performed; and (b) to citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State in which the work is to be performed; provided that these provisions shall apply only where such labor is available and qualified to perforin the work to which the employment relates. HOURS OF LABOR SEC. 8. Contracts for all projects under this act shall contain a stipulation that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual shall be permitted to work more than 30 hours in any 1 week. This requirement shall be construed, (a) to permit working time lost because of inclement weather or unavoidable delays during the period of employment in any 1 week, to be made up in the succeeding week or weeks of any 1 calendar month; and (b) to permit a limitation of not more than 130 hours' work in any 1 calendar month to be substituted in the contract for the requirement of not more than 30 hours' work in any 1 week on projects in localities where a sufficient amount of labor is not available in the immediate vicinity of the work. It shall not be considered practicable and feasible to apply either of these limitations to work located at points so remote and so inaccessible that camps are necessary for the housing and boarding of all of the labor employed on the work, and unemployment has been absorbed in the area of the work, as determined by the contracting officer or his duly authorized representative prior to advertisement: Provided, however, That in all such cases no individual shall be permitted to work more than 8 hours in any 1 day or more than 40 hours in any 1 week. The limitation on hours of employment shall not apply to labor while employed in fighting forest fires. HUMAN LABOR IN LIEU OF MACHINERY SEC. 9. In order to give effect to the provisions of the act it will be required that the maximum of human labor be used in lieu of machinery wherever practicable and consistent with sound economy and public advantage. CERTIFIED PAY ROLLS TO BE FURNISHED SEC. 10. The specifications for each project shall contain special provisions which shall be in conformity with instructions issued by the Bureau of Public Roads for carrying into effect the stipulations required by these rules and regulations, which provisions shall include a requirement that the contractor shall promptly furnish to the contracting officer, or his duly authorized representative, copies of each pay roll certified under oath by the contractor or his authorized representative. Such copies shall be available for inspection by the Special Board for Public Works. SELECTION OF LABOR SEC. 11. All contracts for work to be done under these regulations shall provide that the labor required shall be selected from qualified workers referred by employment agencies designated by the United States Employment Service. SUBLETTING OR SUBCONTRACTING SEC. 12. All contracts for projects under the act shall contain suitable stipulations designed to insure that not less than 80 percent of the work embraced in the contract, exclusive of items not commonly found in contracts for similar work, or which require highly specialized knowledge, craftsmanship, and/or equipment not ordinarily available in contracting organizations which perform work of the character embraced in the contract, shall be performed by the contractor with his own organization. FORCE ACCOUNT WORK SEC. 13. Any work done by direct labor under the act shall be subject to these rules and regulations. VIOLATIONS OF RULES AND REGULATIONS Sec. 14. Any contractor who deliberately violates the spirit and intent of these rules and regulations or the special provisions issued thereunder shall not be eligible to bid upon any further work involving the use of funds under section 204 and section 205 of the National Industrial Recovery Act. APPLICATION OF REGULATIONS SEC. 15. These regulations shall apply to all projects defined in section 1 hereof. FLOOD-RELIEF LEGISLATION AND RULES AND APPROPRIATIONS FOR VERMONT, NEW HAMPSHIRE, AND KENTUCKY An Act Making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1929, and for other purposes * * * FLOOD RELIEF, VERMONT, NEW HAMPSHIRE, AND KENTUCKY For the relief of the following States as a contribution in aid from the United States, induced by the extraordinary conditions of necessity and emergency resulting from the unusually serious financial loss to such States through the damage to or destruction of roads and bridges by the floods of 1927, imposing a public charge against the property of said States beyond their reasonable capacity to bear, and without acknowledgment of any liability on the part of the United States in connection with the restoration of such local improvements, namely: Vermont, $2,654,000; New Hampshire, $653,300; Kentucky, $1,889,994; in all, $5,197,294, to be immediately available and to remain available until expended: Provided, That the sums hereby appropriated shall be expended by the State highway departments of the respective States with the approval of the Secretary of Agriculture for the restoration, including relocation, of roads and |