(e) "State" means any one of the several States of the United States, the District of Columbia, Alaska, Hawaii, or Puerto Rico.

(f) "Public agencies" mean the States and their agencies and political subdivisions established by law and which have authority to construct public works.

(g) "Applicant" means any public agency which makes application for Federal assistance under the act and this part.

(h) "Application" means the document or documents, including amendments and communications, filed with the Bureau by the applicant for an advance of funds for plan preparation.

(i) "Plan preparation" means architectural, engineering, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, estimates of costs, procedures and other planning activities in advance of the construction of specific public works.

(j) "Advances" means the Federal funds advanced under the authority of the Act and these regulations to any public agency to aid in financing the cost of plan preparation.

(k) "Agreement" means the document executed by the applicant and the Bureau covering the terms and conditions of an advance and the repayment thereof.

(1) "Latest available Federal census" means the Federal census of 1940.

§ 201.2 Intent of the act. The act has for its general purpose:

(a) To encourage States, their agencies, and the political subdivisions of the States to complete the plan preparation of specific public works and to take other steps necessary to enable them to undertake the construction of their public works when materials and manpower become available.

(b) To authorize the Federal Works Administrator to make advances of Federal funds for such plan preparation, which advances are to be repaid to the Government without interest.

§ 201.3 Apportionment of funds. Funds appropriated for the making of advances under the act shall be apportioned among the several States in the following manner:

(a) Ninety per centum in the proportion which the population of each State

bears to the total population of all the States, as shown by the latest available Federal census;

(b) States whose apportionments do not total one-half of one per centum of the total amount appropriated for advances after the above distribution shall have their apportionments increased to that percentage from the ten per centum available for discretionary use; and

(c) The balance of the funds as may be determined by the Commissioner with the approval of the Administrator.

§ 201.4 Advances. (a) The act authorizes assistance in the form of loans or advances of Federal funds for the plan preparation of specific public works. In order to simplify the administration of the act these regulations limit assistance to advances.

(b) An advance shall not be required to be repaid until funds become available to the public agency to construct the specific public work for which an advance has been made and, therefore, until such funds are available, an advance shall not be deemed by the United States to be a debt or obligation within the meaning of any constitutional, statutory, or other debt limitations.

(c) No interest charge shall be made for any advance.

(d) Advances shall not be approved to reimburse the applicant for any disbursement made or to defray any costs incurred prior to the approval of an application. Funds advanced shall not be used to defray the cost of any contract entered into by the public agency prior to the approval of the application for an advance if in such contract the public agency has agreed to finance the plan preparation from other funds.

(e) Funds advanced shall not be used for the acquisition of land or any interest in land.

§ 201.5 Submission of applications. Applications for advances for plan preparation shall be submitted to the Division Offices of the Bureau of Community Facilities.

§ 201.6 Types of public works. Applications for advances for the plan preparation of the following types of public works of States and other nonFederal public agencies, are eligible under the provisions of the act:

(a) Highways, roads and streets, for which other Federal funds are not legally

available, which shall consist of highways, roads, and urban streets, including such items as culverts, drainage facilities, sidewalks, curbs and gutters, guard rails and guard walls, road and street lighting, traffic control facilities, roadside landscaping, and other similar work.

(b) Bridges, viaducts and grade separations, for which other Federal funds are not legally available, which shall consist of bridges, viaducts, grade separation structures, grade crossing eliminations, tunnels, and other similar work. (c) Airports, for which other Federal funds are not legally available, which shall consist of all types of public airport buildings and landing facilities, including such items as terminal buildings, hangars, administration buildings, grading, leveling and seeding of landing fields, construction of runways, taxi strips, aprons, landing platforms, seaplane ramps, drainage facilities, lighting facilities, airway markers and beacons, and other airport and airway facilities.

(d) Sewer, water, and sanitation facilities, which shall consist of sewer systems, including such items as sewage treatment and disposal plants, sanitary sewers, storm sewers, and drainage systems; water systems, including such items as water supply and storage, water treatment plants, pumping stations, water distribution and irrigation systems; and sanitary facilities such as incinerator plants, malarial control facilities, and other similar work.

(e) Schools and other educational facilities, which shall consist of public school facilities such as school buildings, administration buildings, auditoriums, gymnasiums, and dormitories; public libraries; and other educational facilities.

(f) Hospitals and health facilities, which shall consist of public hospitals, nurses' homes, clinics, health centers and laboratories, sanitariums, and other health facilities.

(g) Other public buildings, which shall consist of city halls, courthouses, institutional buildings, administrative buildings, police and fire stations, armories, garages, storage buildings, community buildings, and other public buildings not included under paragraphs (c), (e), (f), (h), and (i) of this section. (h) Parks and other recreational facilities, which shall consist of public parks, playgrounds, fairgrounds, and other recreational facilities not included

under paragraph (e) of this section, including such items as recreation centers, gymnasiums, athletic fields, swimming pools, tennis courts, and other such recreational facilities.

(i) Miscellaneous public facilities, which shall consist of other types of public facilities such as transportation facilities, port facilities, electric power plants and distribution systems, public docks, wharves and piers, non-Federal river and harbor improvements, and other miscellaneous public facilities.

The following types of public works are not eligible for assistance under the provisions of the act:

(j) Public housing projects of Federal, State or local housing agencies or authorities.

(k) Federal projects of Federal departments, agencies, and instrumentalities. (1) Federal-aid and State highway projects of the Federal Public Roads Administration and the State Highway Departments.

§ 201.7 Conformity to over-all plan. Each application for an advance for plan preparation shall contain evidence that the public work to be planned conforms to an over-all State, local or regional plan approved by competent State, local or regional authority. Where no legally authorized over-all planning agency exists, evidence of the approval of the proposed public work by the authority having jurisdiction thereof shall be required.

§ 201.8 Arrangements for construction. Each application shall contain evidence that the applicant plans and reasonably expects to initiate the construction of the proposed public work within three years following the date proclaimed by the President or the Congress as the termination of the existing war emergency and to prosecute the project to completion.

§ 201.9 Agreements. (a) An agreement between the applicant and the Bureau shall be executed for each advance on a form furnished by the Bureau. No payment on any advance shall be made by the United States unless and until such agreement has been executed.

(b) Subsequent to execution of the advance agreement, no change shall be made which will increase the amount of the advance of the Federal government or alter its terms or conditions except upon agreement with the Bureau.

§ 201.10 Plan preparation. (a) The applicant shall be responsible for the character, adequacy, and method of plan preparation, in accordance with acceptable professional practices, and upon the receipt of the initial payment shall take prompt steps to initiate and prosecute the plan preparation to completion.

(b) If the plan preparation is performed on a contractual basis, State or local regulations affecting employment within the professions involved shall be observed.

(c) If applicants perform the plan preparation with their own forces, only costs arising directly from such plan preparation shall be paid from the funds advanced.

§ 201.11 Payment to applicants. Upon approval of an application a partial payment of the agreed advance may be made to the applicant. Final payment shall not be made until the plan preparation has been completed and final costs determined. Any funds advanced which are found to be in excess of the final costs incurred by the applicant in the plan preparation shall be promptly refunded.

§ 201.12 Repayment of advances. Each advance made for plan preparation shall be repaid in full without interest by the applicant out of the first funds that become available to it from any source for the construction of the specific public work so planned.

§ 201.13 Applicants' records. Applicants shall keep accurate accounting records of all costs involved in connection with plan preparation. The accounts and records of the applicant shall be open at all times to inspection by the authorized representatives of the Bureau, and copies shall be furnished when requested.

§ 201.14. Delegation of authority. The Bureau of Community Facilities of the Federal Works Agency shall be responsible for the carrying out of the provisions of the act, and the Commissioner is hereby authorized to delegate such of the duties and responsibilities imposed upon him to such official or officials of the Bureau of Community Facilities as in his judgment will result in economy and efficiency in effectuating the purposes of the act and of this part.

§ 201.15 Operating procedures and instructions. The Commissioner is hereby authorized to issue such operating procedures and instructions not in conflict with the act or with this part as he may deem necessary for carrying out the provisions and effectuating the purposes of the act and 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.

§ 201.16 Reports to the Administrator. The Commissioner will submit to the Administrator a semi-annual report of operations under the act and such other special reports as he may request.

Part

4

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Part

PART 4-FELLOWSHIPS IN TEACHER EDUCATION FOR TEACHERS FROM THE OTHER AMERICAN REPUBLICS

CODIFICATION: Part 4 was revoked by Reg

ulation, U. S. Commissioner of Education, April 2, 1945, approved by Acting Administrator Federal Security Agency, approved by the Secretary of State, April 21, 1945, 10 F.R. 4612. The provisions of this part are now contained in Part 28 of Title 22.