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23 U.S.C. § 210 — Defense access roads
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—**
(1) **In general.—** — When defense access 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, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
(i) military reservations;
(ii) defense industry sites;
(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iv) sources of raw materials;
(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
(i) military reservations;
(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iii) defense industry sites.
(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, i
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Source location: Title 23, Chapter 2, § 210; chapter-002-other-highways.md
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**(a) Authorization.—**
(1) **In general.—** — When defense access 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, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
(i) military reservations;
(ii) defense industry sites;
(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iv) sources of raw materials;
(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
(i) military reservations;
(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iii) defense industry sites.
(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation.
**(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 construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to, defense access roads.
**(c)** Funds appropriated for defense maneuvers and exercises, may be used by the Secretary in areas certified to the Secretary by the Secretary of Defense as maneuver areas for such activities for construction, maintenance, reconstruction, enhancement, improvement, and repair as may be necessary to keep the highways in those areas, which have been or may be used for training of the Armed Forces, in suitable condition for—
(1) that training; and
(2) repairing the damage to those highways caused by—
(A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or
(B) 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 sections 3114 to 3116 and 3118 of title 40). 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.
**(f)** The provisions of [section 112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section112&num=0&edition=prelim) 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 the Secretary 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 and other activities 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 demand by the Secretary, 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.
**(i) Repair of Certain Damages and Infrastructure.—** The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reuse Studies.—** Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation.
**(b) Adjustment and Diversification Assistance.—**
(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the en
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2391
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In all cases where the construction is to be performed by the State transportation department or under its supervision, a request for submission of bids shall be made by advertisement unless some other method is approved by the Secretary. The Secretary shall require such plans and specifications and such methods of bidding as shall be effective in securing competition.
**(b) Bidding Requirements.—**
(1) **In general.—** — Subject to paragraphs (2) and (3), construction of each project, subject to the provisions of subsection (a) of this section, shall be performed by contract awarded by competitive bidding, unless the State transportation department demonstrates, to the satisfaction of the Secretary, that some other method is more cost effective or that an emergency exists. Contracts for the construction of each project shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting established criteria of responsibility. No requirement or obligation shall be imposed as a condition precedent to the award of a contract to such bidder for a project, or to the Secretary’s concurrence in the award of a contract to such bidder, unless such requirement or obligation is otherwise lawful and is specifically set forth in the advertised specifications.
(2) **Contracting for engineering and design services.—**
(A) *General rule.—* — Subject to paragraph (3), each contract for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services with respect to a project subject to the provisions of subsection (a) of this section shall be awarded in the same manner as a contract for architectural and engineering services is negotiated under cha
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
**(b)** In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which [section 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of Operation and Maintenance Funds.—** Appropriations for operation and maintenance of the active forces shall be available for the following:
(1) The repair of facilities.
(2) The installation of equipment in public and private plants.
**(b) Leasing and Road Maintenance Authority.—** The Secretary of Defense and the Secretary of each military department may provide for the following:
(1) The leasing of buildings and facilities (including the payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with—
(A) the conduct of field exercises and maneuvers; and
(B) the administration of the Act of July 9, 1942 ([43 U.S.C. 315q](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315q&num=0&edition=prelim)).
(2) The maintenance of defense access roads which are certified to the Secretary of Transportation as important to the national defense under the provisions of [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim).
**(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.—**
(1) Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified.
(2) In this subsection:
(A) The term “Member of Congress” includes a Delegate or Resident Commissioner to the Congress.
(B) The term “real property” includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other are
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2661
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) as are authorized by law.
**(b)** Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(c)** In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for the fiscal year in which a contract is proposed to be awarded for the project.
**(d)** Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]
**(e)**
(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Projects Authorized.—** The Secretary concerned may carry out one or more of the following projects on or related to a military installation:
(1) A stormwater management project for the purposes of—
(A) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
(B) protecting nearby waterways and stormwater-stressed ecosystems.
(2) A shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road.
(3) A project to provide water storage and filtration, flood mitigation, or otherwise support water resilience.
**(b) Project Methods and Funding Sources.—** Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a project under this section as, or as part of, any of the following:
(1) An authorized military construction project.
(2) An unspecified minor military construction project under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim), including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
(3) A military installation resilience project under [section 2815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2815&num=0&edition=prelim), including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
(4) A defense community infrastructure resilience project under [section 2391(d) of this title](https://uscode.h
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2815a
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Federal law — U.S. Code and appendices · legal_authorities
Page 340
TITLE 23—HIGHWAYS
§ 210
application of section 112 of this title to public lands
highways, and for use of such funds for adjacent ancil-
lary facilities and services.
§ 210. Defense access roads
(a) AUTHORIZATION.—
(1) IN GENERAL.—When defense access roads
are certified to the Secretary as important to
the national defense by the Secretary of De-
fense or such other official as the President
may designate, the Secretary is authorized,
out of the funds appropriated for defense ac-
cess roads, to provide for—
(A) the construction and maintenance of
defense access roads (including bridges,
tubes, tunnels, and culverts or other hydrau-
lic appurtenances on those roads) to—
(i) military reservations;
(ii) defense industry sites;
(iii) air or sea ports that are necessary
for or are planned to be used for the de-
ployment or sustainment of members of
the Armed Forces, equipment, or supplies;
or
(iv) sources of raw materials;
(B) the reconstruction or enhancement of,
or improvements to, those roads to ensure
the continued effective use of the roads, re-
gardless of current or projected increases in
mean tides, recurrent flooding, or other
weather-related conditions or natural disas-
ters; and
(C) replacing existing highways and high-
way connections that are shut off from gen-
eral public use by necessary closures, clo-
sures due to mean sea level fluctuation and
flooding, or restrictions at—
(i) military reservations;
(ii) air or sea ports that are necessary for
or are planned to be used for the deploy-
ment or sustainment of members of the
Armed Forces, equipment, or supplies; or
(iii) defense industry sites.
(2) If it is determined that an action of the
Department of Defense will cause a significant
transportation impact to access to a mil
Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 210
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.