Page:United States Statutes at Large Volume 82.djvu/863

 82 STAT. ]

PUBLIC LAW 90-495-AUG. 23, 1968

821

(b) The Federal share payable on account of any project authorized by this section shall be 50 per centum. The sums apportioned in accordance with section 104(b)(3) of title 23, United States Code, 7? Stat. 276. shall be available to finance the Federal share payable under this section. (c) The Secretary shall not approve any project under this section until— (1) he has determined that the State, or the political subdivision thereof, where such project is to be located, or an agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility; (2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and (3) he has approved design standards for constructing such facility developed in cooperation with the State highway department. (d) The term "parking facilities", for purposes of this section, shall. "Packing faciiiinclude access roads, buildings, structures, equipment, improvements, and interests in lands. (e) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility. (f) The Secretary shall not approve any project under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of title 23, United States Code. 76 Stat. IMS. (g) The Secretary shall submit to Congress annually a report of the Report to condemonstration projects approved under this section together with his ^'•^^^• recommendations with respect to the future operation of these projects including, but not limited to, the possible sale of such projects to private enterprise and the possibility of future construction of projects of this type by private enterprise. PREVAILING RATE OF WAGE

SEC. 12. (a) Section 113 of title 23, United States Code, is amended 72 Stat. 895. to read as follows: "§ 113. Prevailing rate of wage " (a) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the initial construction work performed on highway projects on the Federal-aid systems, the primary and secondary, as well as their extensions in urban areas, and the Interstate System, authorized under the highway laws providing for the expenditure of Federal funds upon the Federal-aid systems, shall be paid wages at rates not less than those prevailing on the same tj^pe of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of August 30, 1935, known as the Davis-Bacon Act (40 U.S.C. 267a). ^9 su.^. ion. " (b) I n carrying out the duties of subsection (a) of this section, the 276a-5. ^^^"^ Secretary of Labor shall consult with the highway department of the State in which a project on any of the Federal-aid systems is to be performed. After giving due regard to the information thus obtained, he

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