Page 145 TITLE 23—HIGHWAYS § 210

management agency for reference to the Secretary of

Agriculture. Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 97–424 redesignated former subsec.

(e) as (g) and substituted ‘‘forest highways’’ for ‘‘foresthighway program’’.

Subsec. (h). Pub. L. 97–424 redesignated former subsec. (f) as (h), substituted reference to each class of

Federal lands highways for reference to forest highways, and reference to scenic easements for reference

to sanitary, water, and fire control facilities.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by sections 1030 and 1032 of Pub. L.

102–240 effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after

Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set

out as a note under section 104 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 138, 315 of this

title; title 41 section 252; title 49 section 303.

§ 205. Forest development roads and trails

(a) Funds available for forest development

roads and trails shall be used by the Secretary

of Agriculture to pay for the costs of construction and maintenance thereof, including roads

and trails on experimental and other areas

under Forest Service administration. In connection therewith, the Secretary of Agriculture

may enter into contracts with a State or civil

subdivision thereof, and issue such regulations

as he deems advisable.

(b) Cooperation of States, counties, or other

local subdivisions may be accepted but shall not

be required by the Secretary of Agriculture.

(c) Construction estimated to cost $50,000 or

more per mile or $50,000 or more per project for

projects with a length of less than one mile, exclusive of bridges and engineering, shall be advertised and let to contract. If such estimated

cost is less than $50,000 per mile or $50,000 per

project for projects with a length of less than

one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed

excessive, the work may be done by the Secretary of Agriculture on his own account.

(d) Funds available for forest development

roads and trails shall be available for adjacent

vehicular parking areas and for sanitary, water,

and fire control facilities.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L.

86–657, §8(c), July 14, 1960, 74 Stat. 524; Pub. L.

88–423, §4(d), Aug. 13, 1964, 78 Stat. 398; Pub. L.

90–495, §9, Aug. 23, 1968, 82 Stat. 820; Pub. L.

102–240, title I, §1032(c), Dec. 18, 1991, 105 Stat.

1975.)

AMENDMENTS

1991—Subsec. (c). Pub. L. 102–240 substituted ‘‘$50,000’’

for ‘‘$15,000’’ wherever appearing.

1968—Subsec. (c). Pub L. 90–495 increased from $10,000

to $15,000 the cost limitation on construction per mile,

or per project for projects of less than a mile, which the

Forest Service may construct on its own account and

struck out provisions spelling out the functions which

the Secretary of Agriculture is authorized to perform

in carrying out such construction.

1964—Subsec. (a). Pub. L. 88–423 inserted ‘‘and other’’

after ‘‘experimental’’.

1960—Subsec. (a). Pub. L. 86–657 substituted ‘‘may

enter into contracts’’ for ‘‘may enter into construction

contracts’’.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 315 of this title.

[§§ 206 to 209. Repealed. Pub. L. 97–424, title I,

§ 126(d), Jan. 6, 1983, 96 Stat. 2115]

Section 206, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908,

provided for use of funds for construction and improvement of park roads and trails and for administration of

such funds according to regulations jointly approved by

the Secretary and the Secretary of the Interior.

Section 207, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908;

Pub. L. 93–87, title I, §150, Aug. 13, 1973, 87 Stat. 275,

provided for use of funds for construction and improvement of parkways, including acquisition of rights-ofway and related scenic easements, administration of

such funds according to regulations jointly approved by

the Secretary and the Secretary of the Interior, and

that parkway projects on a Federal-aid system be subject to all requirements of this title and of any other

law applicable to highways on such system.

Section 208, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908;

Pub. L. 87–282, Sept. 22, 1961, 75 Stat. 584; Pub. L. 93–643,

§102(c), Jan. 4, 1975, 88 Stat. 2281, provided for use of

funds for construction and improvement of Indian reservation roads and bridges, supervision of such projects

by the Secretary, that such funds be only supplementary to funds apportioned under section 104 of this

title, for use of Indian labor in such projects, and for

cooperation with States and localities.

Section 209, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908;

Pub. L. 88–423, §4(b), Aug. 13, 1964, 78 Stat. 397, provided

for use of funds for construction and maintenance of

public lands highways, cooperation with State agencies, the application of section 112 of this title to public

lands highways, and for use of such funds for adjacent

ancillary facilities and services.

§ 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 material 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 De-