§ 210. — Defense access roads.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC210]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 210. Defense access roads
(a) The Secretary is authorized, out of the funds appropriated for
defense access roads, to provide for the construction and maintenance of
defense access roads (including bridges, tubes, and tunnels thereon) to
military reservations, to defense industries and defense industry sites,
and to the sources of raw materials when such roads are certified to the
Secretary as important to the national defense by the Secretary of
Defense or such other official as the President may designate, and for
replacing existing highways and highway connections that are shut off
from the general public use by necessary closures or restrictions at
military reservations and defense industry sites.
(b) Funds appropriated for the purposes of this section shall be
available, without regard to apportionment among the several States, for
paying all or any part of the cost of the construction and maintenance
of defense access roads.
(c) Funds appropriated for defense maneuvers and exercises, may be
used by the Secretary in areas certified to him by the Secretary of
Defense as maneuver areas for such construction, maintenance, and repair
work as may be necessary to keep the highways therein, which have been
or may be used for training of the Armed Forces, in suitable condition
for such training purposes and for repairing the damage caused to such
highways by the operations of men and equipment in such training.
(d) Whenever any project for the construction of a circumferential
highway around a city or of a radial intracity route thereto submitted
by any State is certified by the Secretary of Defense, or such other
official as the President may designate, as being important for civilian
or military defense, such project may be constructed out of the funds
heretofore or hereafter authorized to be appropriated for defense access
roads.
(e) If the Secretary shall determine that the State transportation
department of any State is unable to obtain possession and the right to
enter upon and use the required rights-of-way, lands, or interest in
lands, improved or unimproved, required for any project authorized by
this section with sufficient promptness, the Secretary is authorized to
acquire, enter upon, take possession thereof, and expend funds for
projects thereon, prior to approval of title by the Attorney General, in
the name of the United States, such rights-of-way, lands, or interest in
lands as may be required in such State for such projects by purchase,
donation, condemnation, or otherwise in accordance with the laws of the
United States (including the Act of February 26, 1931; 46 Stat.
1421).\1\ The cost incurred by the Secretary in acquiring any such
rights-of-way, lands, or interest in lands may include the cost of
examination and abstract of title, certificate of title, advertising,
and any fees incidental to such acquisition; and shall be payable out of
the funds available for paying the cost or the Federal share of the cost
of the project for which such rights-of-way, lands, or interests in
lands are acquired. The Secretary is further authorized and directed by
proper deed executed in the name of the United States to convey any
lands or interests in lands acquired in any State under the provisions
of prior Acts or of this section to the State transportation department
of such State or to such political subdivision thereof as its laws may
provide, upon such terms and conditions as may be agreed upon by the
Secretary and the State transportation department, or political
subdivisions to which the conveyance is to be made.
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\1\ See References in Text note below.
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(f) The provisions of section 112 of this title are applicable to
defense access roads.
(g) If the Secretary shall determine that it is necessary for the
expeditious completion of any defense access road project he may advance
to any State out of funds appropriated for defense access roads
transferred and available to the Department of Transportation the
Federal share of the cost of construction thereof to enable the State
transportation department to make prompt payments for acquisition of
rights-of-way, and for the construction as it progresses. The sums so
advanced shall be deposited in a special fund by the State official
authorized by State law to receive such funds, to be disbursed solely
upon vouchers approved by the State transportation department for
rights-of-way which have been or are being acquired and for construction
which has been actually performed under this section. Upon determination
by the Secretary that funds advanced to any State under the provisions
of this subsection are no longer required, the amount of the advance
which is determined to be in excess of requirements for the project
shall be repaid upon his demand, and such repayments shall be returned
to the credit of the appropriation from which the funds were advanced.
(h) Funds appropriated for the purposes of this section shall be
available to pay the cost of repairing damage caused to highways by the
operation of vehicles and equipment in the construction of classified
military installations and facilities for ballistic missiles if the
Secretary shall determine that the State transportation department of
any State is, or has been, unable to prevent such damage by restrictions
upon the use of such highways without interference with, or delay in,
the completion of a contract for the construction of such military
reservations or installations. This subsection shall apply
notwithstanding any provision of contract holding a party thereto
responsible for such damage, if the Secretary of Defense or his designee
shall determine, in fact, that construction estimates and the bid of
such party did not include allowance for repairing such damage. This
subsection shall apply to damage caused by construction work commenced
prior to June 1, 1961, and still in progress on that date and
construction work which is commenced or for which a contract is awarded
on or after June 1, 1961.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 86-657, Sec. 8(d),
July 14, 1960, 74 Stat. 524; Pub. L. 87-61, title I, Sec. 105, June 29,
1961, 75 Stat. 123; Pub. L. 97-424, title I, Sec. 155, Jan. 6, 1983, 96
Stat. 2134; Pub. L. 100-17, title I, Sec. 133(b)(15), Apr. 2, 1987, 101
Stat. 172; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A)(i), June 9,
1998, 112 Stat. 193.)
References in Text
Act of February 26, 1931, referred to in subsec. (e), is act Feb.
26, 1931, ch. 307, 46 Stat. 1421, as amended, known as the Declaration
of Taking Act, which was classified to sections 258a to 258e-1 of former
Title 40, Public Buildings, Property, and Works, and was repealed and
reenacted as sections 3114 to 3116 and 3118 of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304.
Amendments
1998--Subsecs. (e), (g), (h). Pub. L. 105-178 substituted ``State
transportation department'' for ``State highway department'' wherever
appearing.
1987--Subsec. (g). Pub. L. 100-17 substituted ``Transportation'' for
``Commerce''.
1983--Subsec. (c). Pub. L. 97-424 substituted ``Funds appropriated
for defense maneuvers and exercises'' for ``Not exceeding $5,000,000 of
any funds appropriated under the Act approved October 16, 1951 (65 Stat.
422)''.
1961--Subsec. (h). Pub. L. 87-61 added subsec. (h).
1960--Subsec. (g). Pub. L. 86-657 added subsec. (g).
Section Referred to in Other Sections
This section is referred to in title 10 sections 114, 2661.
