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U.S. Code as of:
01/19/04
Section 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.
(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.
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