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UNITED STATES DEPARTMENT OF AGRICULTURE

REVISED EDITION

OF

LAWS APPLICABLE

TO THE UNITED STATES

DEPARTMENT OF AGRICULTURE

1945

CONTAINING
LAWS APPLICABLE TO THE DEPARTMENT

UP TO AND INCLUDING THE 78TH CONGRESS,
REORGANIZATION PLANS, EXECUTIVE ORDERS REFLECTING
THE ORIGIN AND ORGANIZATION OF AGENCIES
OF THE DEPARTMENT, AND CURRENT

APPROPRIATION PROVISIONS.

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Tilt SIATES OF AMERICA 7.30-06

Volume 2

TITLE 23—HIGHWAYS

FEDERAL HIGHWAY ACT

§ 2. Definitions.—When used in this chapter, unless the context indicates otherwise

The term "forest roads" means roads wholly or partly within or adjacent to and serving the national forests.

(Nov. 9, 1921, ch. 119, § 2, 42 Stat. 212, June 19, 1922, ch. 227, $ 4, par. 3, 42 Stat. 660, June 16, 1936, ch. 582, § 1 (c), 49 Stat. 1519; June 8, 1938, ch. 328, § 1 (e), 52 Stat. 634; July 13, 1943, ch. 236, § 1, 57 Stat. 560.)

$ 23. Forest roads and trails; appropriations; manner of expenditure.—(a) Fifty per centum, but not to exceed $3,000,000 for any one fiscal year, of the appropriation made or that may hereafter be made for the survey, construction, reconstruction, and maintenance of forest roads and trails shall be expended under the direct supervision of the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of roads and trails of primary importance for the protection, administration, and utilization of the national forests, or when necessary, for the use and development of the resources upon which communities within or adjacent to the national forests are dependent, and shall be apportioned among the several States, Alaska, and Puerto Rico by the Secretary of Agriculture, according to the relative needs of the various national forests, taking into consideration the existing transportation facilities, value of timber, or other resources served, relative fire danger, and comparative difficulties of road and trail construction.

The balance of such appropriations shall be expended by the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of forests roads of primary importance to the State, counties, or communities within, adjoining, or adjacent to the national forests, and shall be prorated and apportioned by the Secretary of Agriculture for expenditures in the several States, Alaska, and Puerto Rico, according to the area and value of the land owned by the Government within the national forests therein as determined by the Secretary of Agriculture from such information, investigation, sources, and departments as the Secretary of Agriculture may deem most accurate.

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(b) Cooperation of Territories, States, and civil subdivisions thereof may be accepted but shall not be required by the Secretary of Agriculture.

(c) The Secretary of Agriculture may enter into contracts with any Territory, State, or civil subdivision thereof for the construction, reconstruction, or maintenance of any forest road or trail or part thereof.

(d) Construction work on forest roads or trails estimated to cost $5,000 or more per mile, exclusive of bridges, shall be advertised and let to contract.

If such estimated cost is less than $5,000 per mile, or if, after proper advertising, no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account; and for such purpose the Secretary of Agriculture may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, materials, tools, equipment, and facilities required to perform the work.

Any appropriation that may be made for expenditure under the provisions of this section may be expended for the purpose authorized in this section and for the payment of wages, salaries, and other expenses for help employed in connection with such work. (Nov. 9, 1921, ch. 119, § 23, 42 Stat. 218; May 17, 1932, ch. 190, 47 Stat. 158.)

$ 23a. Same; manner of expenditure of appropriation; approval of projects.-One-third, but not less than $3,000,000, of the appropriation made for any fiscal year for carrying out the provisions of section 23 of this title may after June 16, 1936 be expended for the purposes enumerated in the first paragraph of clause (a) of said section 23: Provided, That on or before January 1 of each year the Secretary of Agriculture shall apportion and prorate among the several States, Alaska, and Puerto Rico, as provided in said section 23, the sum authorized for the fiscal year immediately following and the Secretary of Agriculture is authorized to approve projects under any such apportionment, and to incur obligations or enter into contracts under his apportionment and prorating of the authorization, and his action in so doing shall be deemed a contractual obligation on the part of the Federal Government for the payment of the cost thereof. (June 16, 1936, ch. 582, § 2, 49 Stat. 1520.)

§ 23b. Same; administration of appropriation.-Appropriations for forest highways shall be administered in conformity with regulations jointly approved by the Secretary of Agriculture and the Federal Works Administrator. (Sept. 6, 1940, ch. 715, $ 6, 54 Stat. 869.)

TITLE 24-HOSPITALS, ASYLUMS, AND CEMETERIES

§ 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments. In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hos

pitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate nonFederal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 of this title. (May 10, 1943, ch. 95, $ 4, 57 Stat. 81.)

§ 35. Limitation of medical, surgical or hospital services.Hospitalization of the dependents of naval and Marine Corps personnel and of the persons outside the naval service mentioned in section 34 of this title shall be furnished only for acute medical and surgical conditions, exclusive of nervous, mental, or contagious diseases or those requiring domicillary care. Dental treatment shall be administered only as an adjunct to in-patient hospital care and shall not include dental prosthesis or orthodoniat. (May 10, 1943, ch. 95, § 5, 57 Stat. 8i.)

TITLE 25-INDIANS

$ 87. Interest of agents and employees in Indian contracts.No agent or employee of the United States Government or of any of the departments thereof, while in the service of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotioation, with the Government or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same. The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than $500 nor more than $5,000, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months. (June 22, 1874, ch. 389, § 10, 18 Stat. 177.)

§ 87a. Same; purchases from Indians by employees.-Anything contained in sections 68 and 87 of this title to the contrary notwithstanding, employees of the United States Government, including those in the Indian Service, may, under such rules and regulations as the Secretary of the Interior shall prescribe, be permitted to purchase from any Indian or Indian organization

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