§ 315. Rules, regulations, and recommendations.

Except as provided in sections 204 (d), 205 (a), 206 (b), 207 (b), and 208 (c) of this title, the Secretary is authorized to prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this title. The Secretary may make such recommendations to the Congress and State highway departments as he deems necessary for preserving and protecting the highways and insuring the safety of traffic thereon. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915.)

§ 316. Consent by United States to conveyance of property.

For the purposes of this title the consent of the United States is given to any railroad or canal company to convey to the State highway department of any State, or its nominee, any part of its right-ofway or other property in that State acquired by grant from the United States. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915.)

§ 317. Appropriation for highway purposes of lands or interests in lands owned by the United States. (a) If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appropriate.

(b) If within a period of four months after such filing, the Secretary of such Department shall not have certified to the Secretary that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department, or its nominee, for such purposes and subject to the conditions so specified.

(c) If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated.

(d) The provisions of this section shall apply only to projects constructed on a Federal-aid system or under the provisions of chapter 2 of this title. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916.)

§ 318. Highway relocation due to airport.

Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or extended after December 20, 1944, or for the reconstruction or relocation of any highway which has been or may be

closed or the usefulness of which has been or may be impaired by the location or construction of any airport constructed or extended after December 20, 1944, unless, prior to such construction or extension, as the case may be, the State highway department and the Secretary have concurred with the officials in charge of the airport that the location of such airport or extension thereof and the consequent reconstruction or relocation of the highway are in the public interest. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916.)

§ 319. Landscaping.

The construction of highways by the States with funds apportioned in accordance with section 104 of this title may include such roadside and landscape development, including such sanitary and other facilities as may be deemed reasonably necessary to provide for the suitable accommodation of the public, all within the highway right-of-way and adjacent publicly owned or controlled rest and recreational areas of limited size and with provision for convenient and safe access thereto by pedestrian and vehicular traffic, as may be approved by the Secretary. Such construction likewise may include the purchase of such adjacent strips of land of limited width and primary importance for the preservation of the natural beauty through which highways are constructed, as may be approved by the Secretary. Not to exceed 3 per centum of such sums, apportioned to a State in any fiscal year in accordance with section 104 of this title may be used by it for the purchase of such adjacent strips of land without being matched by such State. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916.)

§ 320. Bridges on Federal dams.

(a) Each executive department, independent establishment, office, board, bureau, commission, authority, administration, corporation wholly owned or controlled by the United States, or other agency of the Government of the United States, hereinafter collectively and individually referred to as "agency", which on or after July 29, 1946, has jurisdiction over and custody of any dam constructed or to be constructed and owned by or for the United States, is authorized, with any funds available to it, to design and construct any such dam in such manner that it will constitute and serve as a suitable and adequate foundation to support a public highway bridge upon and across such dam, and to design and construct upon the foundation thus provided a public highway bridge upon and across such dam. The highway department of the State in which such dam shall be located, jointly with the Secretary, shall first determine and certify to such agency that such bridge is economically desirable and needed as a link in the State or Federalaid highway systems, and shall request such agency to design and construct such dam so that it will serve as a suitable and adequate foundation for a public highway bridge and to design and construct such public highway bridge upon and across such dam, and shall agree to reimburse such agency pursuant to subsection (d) of this section for any

additional costs which it may be required to incur because of the design and construction of such dam so that it will serve as a foundation for a public highway bridge and for expenditures which it may find it necessary to make in designing and constructing such public highway bridge upon and across such dam. In no case shall the design and construction of a bridge upon and across such dam be undertaken hereunder except by the agency having jurisdiction over and custody of the dam, acting directly or through contractors employed by it, and after such agency shall determine that it will be structurally feasible and will not interfere with the proper functioning and operation of the dam.

(b) Construction of any bridge upon and across any dam pursuant to this section shall not be commenced unless and until the State in such State, shall enter into an agreement with such agency and with which such bridge is to be located, or the appropriate subdivision of the Secretary to construct, or cause to be constructed, with or without the aid of Federal funds, the approach roads necessary to connect such bridge with existing public highways and to maintain, or cause to be maintained, such approach roads from and after their completion. Such agreement may also provide for the design and construction of such bridge upon and across the dam by such agency of the United States and for reimbursing such agency the costs incurred by it in the design and construction of the bridge as provided in subsection (d) of this section. Any such agency is hereby authorized to convey to the State, or to the appropriate subdivision thereof, without costs, such easements and rights-of-way in its custody or over lands of the United States in its custody and control as may be necessary, convenient, or proper for the location, construction, and maintenance of the approach roads referred to in this section including such roadside parks or recreational areas of limited size as may be deemed necessary for the accommodation of the traveling public. Any bridge constructed pursuant to this section upon and across a dam in the custody and jurisdiction of any agency of the United States, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall constitute and remain a part of said dam and be maintained by the agency. Any such agency may enter into any such contracts and agreements with the State or its subdivisions respecting public use of any bridge so located and constructed as may be deemed appropriate, but no such bridge shall be closed to public use by the agency except in cases of emergency or when deemed necessary in the interest of national security.

(c) All costs and expenses incurred and expenditures made by any agency in the exercise of the powers and authority conferred by this section (but not including any costs, expenses, or expenditures which would have been required in any event to satisfy a legal road or bridge relocation obligation or to meet operating or other agency needs) shall be recorded and kept separate and apart from the other costs, expenses, and expenditures of such

agency, and no portion thereof shall be charged or allocated to flood control, navigation, irrigation, fertilizer production, the national defense, the development of power, or other program, purpose, or function of such agency.

(d) Not to exceed $10,000,000 of any money heretofore or hereafter appropriated for expenditure in accordance with the provisions of this title or prior Acts shall be available for expenditure by the Secretary in accordance with the provisions of this section, as an emergency fund, to reimburse any agency for any additional costs or expenditures which it may be required to incur because of the design and construction of any such dam so that it will constitute and serve as a foundation for a public highway bridge upon and across such dam and to reimburse any such agency for any costs, expenses, or expenditures which it may be required to make in designing and constructing any such bridge upon and across a dam in accordance with the provisions of this section, except such costs, expenses, or expenditures as would have been required of such agency in any event to satisfy a legal obligation to relocate a highway or bridge or to meet operating or other agency needs, and there is authorized to be appropriated any sum or sums necessary to reimburse the funds so expended by the Secretary from time to time under the authority of this section. Of each bridge constructed upon and across a dam under the provisions of this section, there may be financed wholly with Federal funds that portion thereof which is located within the physical limits of the masonry structure, or structures, of the dam, and the Secretary shall in his sole discretion determine what additional portion of the bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or its appropriate subdivision with or without the aid of Federal funds; but said portion of the bridge so financed by the State or its subdivisions, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall nevertheless be designed and constructed solely by the agency having custody and jurisdiction of the dam as provided in subsection (a) of this section.

(e) In making, reviewing, or approving the design of any bridge or approach structure to be constructed under this section, the agency shall, in matters relating to roadway design, loadings, clearances and widths, and traffic safeguards, give full consideration to and be guided by the standards and advice of the Secretary.

(f) The authority conferred by this section shall be in addition to and not in limitation of authority conferred upon any agency by any other law, and nothing in this section contained shall affect or be deemed to relate to any bridge approach structure, or highway constructed or to be constructed by any such agency in furtherance of its lawful purposes and requirements or to satisfy a legal obligation incurred independently of this section. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 917.)

The National Home for Disabled Volunteer Soldiers...

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36. 37.

Manufacture of products by patients at naval hospitals; ownership of products.

881, 2. Repealed. July 1, 1944, ch. 373, title VIII, § 813, 58 Stat. 714.

Section 1, acts Mar. 3, 1875, ch. 156, § 3, 18 Stat. 485; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, which defined word seamen, is now covered by section 201 of Title 42, The Public Health and Welfare.

Section 2, R. S. § 4801, which provided for the acceptance of gifts in aid of marine hospitals, is now covered by section 219 of Title 42, The Public Health and Welfare.

Page 4083

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed these sections, was renumbered 711 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, § 9 (b), 62 Stat. 47, and 813 by act July 30, 1956, ch. 779, § 3 (b), 70 Stat. 720.

§§ 3-5. Repealed. June 15, 1943, ch. 125, § 3, 57 Stat. 153, eff. July 1, 1943.

Section 3, R. S. §§ 1614, 4808, related to deduction from pay of seamen for Navy hospital fund.

Section 4, R. S. § 4809, related to fines on seamen appropriated for Navy hospitals.

Section 5, act June 7, 1900, ch. 859, 31 Stat. 697, related to forfeitures from desertion for naval hospital fund. § 6. Pension paid to fund for benefit of naval hospital. Whenever any officer, seaman, or marine entitled to a pension is admitted to a naval hospital, his pension, while he remains there, shall be deducted from his accounts and paid to the Secretary of the Navy for the benefit of the fund from which such hospital is maintained. (R. S. § 4813; Mar. 3, 1899, ch. 421, 30 Stat. 1027; June 30, 1914, ch. 130, 38 Stat. 398.)

DERIVATION

R. S. § 4813 from act Feb. 26, 1811, ch. 26, § 5, 2 Stat. 650.

§ 6a. Disposition of amounts deducted from pensioners.

Pensions of inmates of a naval home or naval hospital, required by law prior to July 1, 1943, to be deducted from the account of the pensioner and applied for the benefit of the fund from which such home or hospital is maintained, shall be deposited into the Treasury of the United States as miscellaneous receipts. (June 15, 1943, ch. 125, § 3, 57 Stat. 153.)

EFFECTIVE DATE

Section 3 of act June 15, 1943, provided in part that this section should be effective July 1, 1943.

CROSS REFERENCES

Deduction of pension, see section 6 of this title.

S$ 7-12. Repealed. July 1, 1944, ch. 373, title VIII, § 813, 58 Stat. 714.

Section 7, R. S. § 4806; acts Mar. 3, 1875, ch. 156, § 4, 18 Stat. 485; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; July 26, 1916, ch. 256, 39 Stat. 390; 1939 Reorg. Plan No. I, §§ 201, 205 (b), eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425, which provided for the lease and sale of hospitals, is now covered by section 248 of Title 42, The Public Health and Welfare.

Section 8, acts Aug. 4, 1894, ch. 213, 28 Stat. 229; Jan. 28, 1915, ch. 20, § 2, 38 Stat. 801; July 30, 1937, ch. 545, § 2, 50 Stat. 548; 1939 Reorg. Plan No. 1, §§ 201, 205 (b), eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425, which provided for the admission of Coast Guard personnel and their families to hospitals is now covered by section 253 of Title 42, The Public Health and Welfare. Act Jan. 28, 1915, ch. 20, § 2, 38 Stat. 801 was also repealed by act Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561.

Section 9, act June 23, 1913, ch. 3, § 1, 38 Stat. 24, which provided for hospital relief of officers and employees of the Public Health Service, is now covered by sections 249 and 253 of Title 42, The Public Health and Welfare.

Section 10, act July 1, 1918, ch. 113, § 1, 40 Stat. 694, which provided for hospital relief for officers and crews of the Fish and Wildlife Service, is now covered by section 249 of Title 42, The Public Health and Welfare.

Section 11, acts Mar. 3, 1875, ch. 156, § 6, 18 Stat. 486; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; 1939 Reorg. Plan No. I, §§ 201, 205 (b), eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425, which provided for the care of foreign seamen, is now covered by section 249 of Title 42, The Public Health and Welfare.

Section 11a, R. S. § 4805; acts Mar. 3, 1875, ch. 156, § 6, 18 Stat. 486; 1939 Reorg. Plan No. I, §§ 201, 205 (b), eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425, which provided that foreign vessels were liable for hospital charges for care of their seamen, is now covered by section 249 of Title 42, The Public Health and Welfare.

Section 12, R. S. § 4804, which provided for the exclusion of employees on canal boats in coasting trade from hospital care, is now covered by section 249 of Title 42, The Public Health and Welfare.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed these sections, was renumbered 711 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, § 9 (b), 62 Stat. 47, and 813 by act July 30, 1956, ch. 779, § 3 (b), 70 Stat. 720.

§ 13. Admission of cases for study.

There may be admitted into marine hospitals for study persons with infectious or other diseases affecting the public health, and not to exceed ten cases in any one hospital at one time. (June 5, 1920, ch. 235, § 1, 41 Stat. 884.)

§ 14. Establishment of Navy hospitals.

The Secretary of the Navy shall procure at suitable places proper sites for Navy hospitals, and if the necessary buildings are not procured with the site, shall cause such to be erected, having due regard to economy, and giving preference to such plans as with most convenience and least cost will admit of subsequent additions, when the funds permit and circumstances require; and shall provide, at one of the establishments, a permanent asylum for disabled and decrepit Navy officers, seamen, and marines: Provided, That no sites shall be procured or hospital buildings erected or extensions to existing hospitals made unless authorized by Congress. (R. S. § 4810; Mar. 4, 1913, ch. 148, 37 Stat. 902.)

DERIVATION

Acts Feb. 26, 1811, ch. 26, § 3, 2 Stat. 650; July 10, 1832, ch. 149, §5, 4 Stat. 573.

§ 14a. Annual appropriations for maintenance, operation, and improvement of naval hospitals. Commencing with the fiscal year 1944, annual appropriations in such amounts as may be necessary are authorized from the general fund of the Treasury for the maintenance, operation, and improvement of naval hospitals. (June 15, 1943, ch. 125. § 1 (c), 57 Stat. 152.)

§ 15. Superintendence of Navy hospitals.

The Secretary of the Navy shall have the general charge and superintendence of Navy hospitals. (R. S. § 4807.)

DERIVATION

Acts Feb. 26, 1811, ch. 26, § 1, 2 Stat. 650; July 10, 1832, ch. 194, § 5, 4 Stat. 573.

§ 16. Allowance of rations to Navy hospitals.

For every Navy officer, seaman, or marine admitted into a Navy hospital, the institution shall be al

lowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine. (R. S. § 4812.)

DERIVATION

Act Feb. 26, 1811, ch. 26, § 5, 2 Stat. 650.
CROSS REFERENCES

Naval patients, deductions for care in other Governinent hospitals, see section 6201 of Title 10, Armed Forces.

§ 16a. Additional personnel for patients of Veterans' Administration in naval hospitals.

On and after May 29, 1945, additional commissioned, warranted, appointed, enlisted, and civilian personnel of the Medical Department of the Navy, required for the care of patients of the United States Veterans' Administration in naval hospitals, may be employed in addition to the numbers annually appropriated for. (May 29, 1945, ch. 130, § 1,

59 Stat. 208.)

CODIFICATION

Section is from the Naval Appropriation Act, 1946, act May 29, 1945. Similar provisions were contained in the following prior appropriation acts:

1944-June 22, 1944, ch. 269, § 1, 58 Stat. 308. 1943-June 26, 1943, ch. 147, § 1, 57 Stat. 204.

§ 17. Government of Naval Asylum.

The asylum for disabled and decrepit Navy officers, seamen, and marines shall be governed in accordance with the rules and regulations prescribed by the Secretary of the Navy. (R. S. § 4811.)

DERIVATION

Act Feb. 26, 1811, ch. 26, § 4, 2 Stat. 650.

§ 18. Rules and regulations for Army and Navy Hospital.

The Army and Navy hospital at Hot Springs, Arkansas, shall be subject to such rules, regulations, and restrictions as shall be provided by the PresiIdent of the United States and shall remain under the jurisdiction and control of the Department of the Army. (June 30, 1882, ch. 254, § 1, 22 Stat. 121; June 18, 1930, ch. 525, § 2, 46 Stat. 781.)

CODIFICATION

Section, except last clause of last sentence, is from act June 30, 1882. Last clause of last sentence is from act June 18, 1930, ch. 525, § 2, 46 Stat. 781.

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

Ex. ORD. No. 10272. DELEGATION OF AUTHORITY TO THE SECRETARY OF THE ARMY

Ex. Ord. No. 10272, July 10, 1951, 16 F. R. 6711, provided: By virtue of the authority vested in me by section 1 of the act of August 8, 1950, c. 646, 64 Stat. 419 [section 301 of Title 3], and as President of the United States, it is hereby ordered that the Secretary of the Army be, and he is hereby, designated and empowered to exercise the authority vested in the President by section 1 of the act of June 30, 1882, 22 Stat. 117, 121, as amended [this section], to provide rules, regulations, and restrictions with respect to the Army and Navy hospital at Hot Springs, Arkansas: Provided, That the rules, regulations, and restrictions prescribed under the authority of this order shall, so far as feasible, be uniform with those obtaining with respect