[§ 211 TITLE 23—HIGHWAYS Page 146

fense 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 highway 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). 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 highway 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 highway 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 highway 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 highway 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 highway 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, §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.)

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 enacted

sections 258a to 258e of Title 40, Public Buildings, Property, and Works. For complete classification of this Act

to the Code, see Tables.

AMENDMENTS

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.

[§ 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, related to timber access road hearings.

§ 212. Inter-American Highway

(a) Funds appropriated for the Inter-American

Highway shall be used to enable the United

States to cooperate with the Governments of the

American Republics situated in Central Amer-