23 U.S.C. § 210 — Defense access roads

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 military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement re- quired to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the mag- nitude 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 ap- portionment among the several States, for pay- ing all or any part of the cost of construction, reconstruction, resurfacing, restoration, reha- bilitation, 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 train- ing 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 De- fense, or such other official as the President may designate, as being important for civilian or military defense, such project may be con- structed 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 unim- proved, required for any project authorized by this section with sufficient promptness, the Sec- retary is authorized to acquire, enter upon, take possession thereof, and expend funds for projects thereon, prior to approval of title by the Attor- ney 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 other- wise 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 in- terest in lands may include the cost of examina- tion and abstract of title, certificate of title, ad- vertising, and any fees incidental to such acqui- sition; 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 ac- quired. The Secretary is further authorized and directed by proper deed executed in the name of the United States to convey any lands or inter- ests 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 condi- tions as may be agreed upon by the Secretary and the State transportation department, or po- litical subdivisions to which the conveyance is to be made. (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 the Secretary may advance to any State out of funds appropriated for defense access roads transferred and avail- able 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 pro- gresses. The sums so advanced shall be deposited Page 341 TITLE 23—HIGHWAYS § 210 in a special fund by the State official authorized by State law to receive such funds, to be dis- bursed 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 determina- tion by the Secretary that funds advanced to any State under the provisions of this sub- section 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 repay- ments shall be returned to the credit of the ap- propriation from which the funds were ad- vanced. (h) Funds appropriated for the purposes of this section shall be available to pay the cost of re- pairing damage caused to highways by the oper- ation of vehicles and equipment in the construc- tion of classified military installations and fa- cilities 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 in- stallations. This subsection shall apply notwith- standing any provision of contract holding a party thereto responsible for such damage, if the Secretary of Defense or his designee shall deter- mine, 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 INFRA- STRUCTURE.—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 flood- ing, sea level fluctuation, a natural disaster, or any other current or projected change in appli- cable 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. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 86–657, § 8(d), July 14, 1960, 74 Stat. 524; Pub. L. 87–61, title I, § 105, June 29, 1961, 75 Stat. 123; Pub. L. 97–424, title I, § 155, Jan. 6, 1983, 96 Stat. 2134; Pub. L. 100–17, title I, § 133(b)(15), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(2), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 110–417, div. B, title XXVIII, § 2814(a), Oct. 14, 2008, 122 Stat. 4728; Pub. L. 112–81, div. B, title XXVIII, § 2816(a), Dec. 31, 2011, 125 Stat. 1689; Pub. L. 112–141, div. A, title I, § 1516, July 6, 2012, 126 Stat. 574; Pub. L. 115–232, div. B, title XXVIII, § 2865, Aug. 13, 2018, 132 Stat. 2285; Pub. L. 116–92, div. B, title XXVIII, § 2808, Dec. 20, 2019, 133 Stat. 1885.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 116–92, § 2808(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘The Secretary is authorized, out of the funds appro- priated for defense access roads, to provide for the con- struction and maintenance of defense access roads (in- cluding 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 nec- essary closures, closures due to mean sea level fluctua- tion and flooding, or restrictions at military reserva- tions and defense industry sites.’’ Subsec. (b). Pub. L. 116–92, § 2808(2), substituted ‘‘con- struction, reconstruction, resurfacing, restoration, re- habilitation, and preservation of, or enhancements to,’’ for ‘‘the construction and maintenance of’’. Subsec. (c). Pub. L. 116–92, § 2808(3), substituted ‘‘cer- tified to the Secretary’’ for ‘‘certified to him’’, ‘‘activi- ties for construction, maintenance, reconstruction, en- hancement, improvement, and repair’’ for ‘‘construc- tion, maintenance, and repair work’’, ‘‘in those areas’’ for ‘‘therein’’, and ‘‘condition for—’’ and pars. (1) and (2) for ‘‘condition for such training purposes and for re- pairing the damage caused to such highways by the op- erations of men and equipment in such training.’’ Subsec. (g). Pub. L. 116–92, § 2808(4), substituted ‘‘the Secretary may advance’’ for ‘‘he may advance’’, ‘‘con- struction and other activities’’ for ‘‘construction which has been’’, and ‘‘upon demand by the Secretary’’ for ‘‘upon his demand’’. Subsec. (i). Pub. L. 116–92, § 2808(5), added subsec. (i) and struck out former subsec. (i) which read as follows: ‘‘Beginning in fiscal year 2019, funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to, and for any in- frastructure to mitigate the risks posed to, highways by recurrent flooding and sea level fluctuation, if the Secretary of Defense shall determine that continued access to a military installation has been impacted by past flooding and mean sea level fluctuation.’’ 2018—Subsec. (a)(1). Pub. L. 115–232, § 2865(a), sub- stituted ‘‘closures, closures due to mean sea level fluc- tuation and flooding, or restrictions’’ for ‘‘closures or restrictions’’. Subsec. (i). Pub. L. 115–232, § 2865(b), added subsec. (i). 2012—Subsec. (a)(2). Pub. L. 112–141 inserted ‘‘, in con- sultation with the Secretary of Transportation,’’ before ‘‘shall determine’’. 2011—Subsec. (a)(2). Pub. L. 112–81 inserted at end ‘‘The Secretary of Defense shall determine the mag- nitude of the required improvements without regard to the extent to which traffic generated by the reserva- tion is greater than other traffic in the vicinity of the reservation.’’ 2008—Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1) and added par. (2). 2006—Subsec. (e). Pub. L. 109–284 substituted ‘‘sec- tions 3114 to 3116 and 3118 of title 40’’ for ‘‘the Act of February 26, 1931; 46 Stat. 1421’’. 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 ‘‘Trans- portation’’ 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). Page 342 TITLE 23—HIGHWAYS [§ 211 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. ECONOMIC ADJUSTMENT COMMITTEE CONSIDERATION OF ADDITIONAL DEFENSE ACCESS ROADS FUNDING SOURCES Pub. L. 112–81, div. B, title XXVIII, § 2816(b), Dec. 31, 2011, 125 Stat. 1689, provided that: ‘‘(1) CONVENING OF COMMITTEE.—Not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense, as the chairperson of the Economic Adjustment Committee established in Executive Order No. 127887 [12788] (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program under section 210 of title 23, United States Code. ‘‘(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the results of the Economic Adjustment Committee deliberations and containing an implementation plan to expand fund- ing sources for the mitigation of significant transpor- tation impacts to access to military reservations pur- suant to subsection (b) of section 210 of title 23, United States Code, as amended by subsection (a).’’ SEPARATE BUDGET REQUEST FOR PROGRAM Pub. L. 112–81, div. B, title XXVIII, § 2816(c), Dec. 31, 2011, 125 Stat. 1689, provided that: ‘‘Amounts requested for a fiscal year for the defense access roads program under section 210 of title 23, United States Code, shall be set forth as a separate budget request in the budget transmitted by the President to Congress for that fiscal year under section 1105 of title 31, United States.’’ [§ 211. Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173] Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, re- lated to timber access road hearings. [§ 212. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, re- lated to the Inter-American Highway. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. [§ 213. Repealed. Pub. L. 114–94, div. A, title I, § 1109(c)(2), Dec. 4, 2015, 129 Stat. 1343] Section, added Pub. L. 112–141, div. A, title I, § 1122(a), July 6, 2012, 126 Stat. 494, related to transportation al- ternatives. A prior section 213, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 911, related to construction of Rama Road in Re- public of Nicaragua, prior to repeal by Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. [§ 214. Repealed. Pub. L. 112–141, div. A, title I, § 1119(b), July 6, 2012, 126 Stat. 491] Section, added Pub. L. 87–866, § 6(b), Oct. 23, 1962, 76 Stat. 1147; amended Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115, related to public lands develop- ment roads and trails. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. [§ 215. Repealed. Pub. L. 112–141, div. A, title I, § 1114(b)(2)(A), July 6, 2012, 126 Stat. 468] Section, added Pub. L. 109–59, title I, § 1118(a), Aug. 10, 2005, 119 Stat. 1179, related to territorial highway pro- gram. A prior section 215, added Pub. L. 91–605, title I, § 112(a), Dec. 31, 1970, 84 Stat. 1720; amended Pub. L. 95–599, title I, § 129(f), Nov. 6, 1978, 92 Stat. 2708; Pub. L. 96–106, § 9, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, § 133(b)(16), Apr. 2, 1987, 101 Stat. 172, related to terri- torial highway program, prior to repeal by Pub. L. 109–59, title I, § 1118(a), Aug. 10, 2005, 119 Stat. 1179. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. [§ 216. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, added Pub. L. 91–605, title I, § 113(a), Dec. 31, 1970, 84 Stat. 1721, related to the Darien Gap Highway. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 217. Bicycle transportation and pedestrian walkways (a) USE OF STP AND CONGESTION MITIGATION PROGRAM FUNDS.—Subject to project approval by the Secretary, a State may obligate funds ap- portioned to it under sections 104(b)(2) and 104(b)(4) of this title for construction of pedes- trian walkways and bicycle and shared micro- mobility transportation facilities and for car- rying out nonconstruction projects related to safe access for bicyclists and pedestrians. (b) USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM FUNDS.—Subject to project approval by the Secretary, a State may obligate funds ap- portioned to it under section 104(b)(1) of this title for construction of pedestrian walkways and bicycle transportation facilities on land ad- jacent to any highway on the National Highway System. (c) USE OF FEDERAL LANDS HIGHWAY FUNDS.— Funds authorized for forest highways, forest de- velopment roads and trails, public lands devel- opment roads and trails, park roads, parkways,