Page 143 TITLE 23—HIGHWAYS § 204

1So in original. Probably should be ‘‘of funds’’.

94–280, title I, §117(b), May 5, 1976, 90 Stat. 437;

Pub. L. 97–424, title I, §126(f), Jan. 6, 1983, 96

Stat. 2116; Pub. L. 102–240, title I, §1032(f), Dec.

18, 1991, 105 Stat. 1975.)

AMENDMENTS

1991—Pub. L. 102–240 struck out ‘‘forest highways’’ before ‘‘, forest development roads’’ in two places.

1983—Pub. L. 97–424 substituted ‘‘park road’’ for

‘‘park roads and trails’’ wherever appearing.

1976—Pub. L. 94–280 substituted ‘‘or on October 1’’ for

‘‘or a date not earlier than one year preceding the beginning’’ in first sentence and ‘‘three years’’ for ‘‘two

years’’ in second sentence.

1962—Pub. L. 87–866 inserted ‘‘public lands development roads and trails,’’ before ‘‘park roads and trails’’

in two places.

1960—Pub. L. 86–657 substituted ‘‘Funds authorized’’

for ‘‘Funds now authorized’’ in first sentence.

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.

§ 204. Federal Lands Highways Program

(a) Recognizing the need for all Federal roads

which are public roads to be treated under the

same uniform policies as roads which are on the

Federal-aid systems, there is established a coordinated Federal lands highways program which

shall consist of the public lands highways, park

roads, parkways, and Indian reservation roads as

defined in section 101 of this title. The Secretary, in cooperation with the Secretary of the

Interior and the Secretary of Agriculture, shall

develop appropriate transportation planning

procedures and safety, bridge, and pavement

management systems for roads funded under the

Federal Lands Highway Program. Notwithstanding any other provision of this title, no public

lands highway project may be undertaken in any

State pursuant to this section unless the State

concurs in the selection and planning of the

project.

(b) Funds available for public lands highways

shall be used by the Secretary to pay for the

cost of planning, research, engineering and construction thereof. Funds available for park

roads, parkways, and Indian reservation roads

shall be used by the Secretary or the Secretary

of the Interior to pay for the cost of construction and improvement thereof. In connection

therewith, the Secretary and the Secretary of

the Interior, as appropriate, may enter into construction contracts and such other contracts

with a State or civil subdivision thereof or Indian tribe as deemed advisable. In the case of Indian reservation roads, Indian labor may be employed in such construction and improvement

under such rules and regulations as may be prescribed by the Secretary of the Interior. No ceiling on Federal employment shall be applicable

to construction or improvement of Indian reservation roads. Funds available for each class of

Federal lands highways shall be available for

any kind of transportation project eligible for

assistance under this title that is within or adjacent to or provides access to the areas served by

the particular class of Federal lands highways.

The Secretary of Interior may reserve funds

from the Bureau of Indian Affairs’ administrative funds associated with the Indian reservation roads program to finance the Indian technical centers authorized under section 326.

(c) Before approving as a project on an Indian

reservation road any project eligible for funds

apportioned under section 104 or section 144 of

this title in a State, the Secretary must determine that the obligation of funds for such

project is supplementary to and not in lieu of

the obligation, for projects on Indian reservation roads, of a fair and equitable share of funds

apportioned to such State under section 104 of

this title. Notwithstanding any other provision

of this title, Indian reservation roads under the

jurisdiction of the Bureau of Indian Affairs of

the Department of the Interior shall be eligible

to expend not more than 15 percent funds 1 apportioned for Indian reservation roads from the

Highway Trust Fund for the purpose of road

sealing projects. The Bureau of Indian Affairs

shall continue to retain responsibility, including

annual funding request responsibility, for road

maintenance programs on Indian reservations.

(d) Cooperation of States, counties, or other

local subdivisions may be accepted in construction and improvement, and any funds received

from a State, county, or local subdivision shall

be credited to appropriations available for the

class of Federal lands highways to which such

funds were contributed.

(e) Construction of each project shall be performed by contract awarded by competitive bidding, unless the Secretary or the Secretary of

the Interior shall affirmatively find that, under

the circumstances relating to such project, some

other method is in the public interest. Notwithstanding the foregoing, the provisions of section

23 of the ‘‘Buy Indian’’ Act of June 25, 1910 (36

Stat. 891), and the provisions of section 7(b) of

the Indian Self-Determination and Education

Assistance Act (88 Stat. 2205) shall apply to all

funds administered by the Secretary of the Interior which are appropriated for the construction

and improvement of Indian reservation roads.

(f) All appropriations for the construction and

improvement of each class of Federal lands

highways shall be administered in conformity

with regulations and agreements jointly approved by the Secretary and the Secretary of

the appropriate Federal land managing agency.

(g) The Secretary shall transfer to the Secretary of Agriculture from appropriations for

forest highways such amounts as may be needed

to cover necessary administrative expenses of

the Forest Service in connection with forest

highways.

(h) ELIGIBLE PROJECTS.—Funds available for

each class of Federal lands highways may be

available for the following:

(1) Transportation planning for tourism and

recreational travel including the National

Forest Scenic Byways Program, Bureau of

Land Management Back Country Byways Program, National Trail System Program, and

other similar Federal programs that benefit

recreational development.
§ 204 TITLE 23—HIGHWAYS Page 144

(2) Adjacent vehicular parking areas.

(3) Interpretive signage.

(4) Acquisition of necessary scenic easements and scenic or historic sites.

(5) Provision for pedestrians and bicycles.

(6) Construction and reconstruction of roadside rest areas including sanitary and water

facilities.

(7) Other appropriate public road facilities

such as visitor centers as determined by the

Secretary.

(i) TRANSFERS TO SECRETARY OF THE INTERIOR.—The Secretary shall transfer to the Secretary of the Interior from the appropriation for

public land highways amounts as may be needed

to cover necessary administrative costs of the

Bureau of Land Management in connection with

public lands highways.

(j) INDIAN RESERVATION ROADS PLANNING.—Up

to 2 percent of funds made available for Indian

reservation roads for each fiscal year shall be allocated to those Indian tribal governments applying for transportation planning pursuant to

the provisions of the Indian Self-Determination

and Education Assistance Act. The Indian tribal

government, in cooperation with the Secretary

of the Interior, and, as may be appropriate, with

a State, local government, or metropolitan planning organization, shall develop a transportation improvement program, that includes all

Indian reservation road projects proposed for

funding. Projects shall be selected by the Indian

tribal government from the transportation improvement program and shall be subject to the

approval of the Secretary of the Interior and the

Secretary.

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

97–424, title I, §126(b), Jan. 6, 1983, 96 Stat. 2114;

Pub. L. 100–17, title I, §133(b)(13), (14), Apr. 2,

1987, 101 Stat. 172; Pub. L. 102–240, title I, §§1030,

1032(b), title VI, §6004(c), Dec. 18, 1991, 105 Stat.

1970, 1974, 2169.)

REFERENCES IN TEXT

Section 23 of the ‘‘Buy Indian’’ Act of June 25, 1910 (36

Stat. 861), referred to in subsec. (e), is classified to section 47 of Title 25, Indians.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (j), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25. Section 7(b) of the Act is classified to

section 450e(b) of Title 25. For complete classification

of this Act to the Code, see Short Title note set out

under section 450 of Title 25 and Tables.

AMENDMENTS

1991—Subsec. (a). Pub. L. 102–240, §1032(b)(1), struck

out ‘‘forest highways,’’ before ‘‘public lands highways’’

and inserted provisions requiring Secretary, in cooperation with Secretaries of the Interior and Agriculture, to develop transportation planning procedures

and safety, bridge, and pavement management systems

for roads funded under Federal Lands Highway Program, and provisions prohibiting public lands highway

projects from being undertaken in any State pursuant

to this section unless State concurs in selection and

planning of project.

Subsec. (b). Pub. L. 102–240, §6004(c), inserted at end

‘‘The Secretary of Interior may reserve funds from the

Bureau of Indian Affairs’ administrative funds associated with the Indian reservation roads program to finance the Indian technical centers authorized under

section 326.’’

Pub. L. 102–240, §1032(b)(2)(B), (C), struck out ‘‘forest

highways and’’ before ‘‘public lands highways’’ and inserted at end ‘‘Funds available for each class of Federal

lands highways shall be available for any kind of transportation project eligible for assistance under this title

that is within or adjacent to or provides access to the

areas served by the particular class of Federal lands

highways.’’

Pub. L. 102–240, §1032(b)(2)(A), substituted ‘‘planning,

research, engineering and construction thereof’’ for

‘‘construction and improvements thereof’’ and was executed by making the substitution for the first reference

to ‘‘construction and improvement thereof’’ to reflect

the probable intent of Congress.

Subsec. (c). Pub. L. 102–240, §§1030, 1032(b)(3), substituted ‘‘eligible for funds apportioned under section

104 or section 144 of this title’’ for ‘‘on a Federal-aid

system’’ and inserted at end ‘‘Notwithstanding any

other provision of this title, Indian reservation roads

under the jurisdiction of the Bureau of Indian Affairs of

the Department of the Interior shall be eligible to expend not more than 15 percent funds apportioned for Indian reservation roads from the Highway Trust Fund

for the purpose of road sealing projects. The Bureau of

Indian Affairs shall continue to retain responsibility,

including annual funding request responsibility, for

road maintenance programs on Indian reservations.’’

Subsecs. (h) to (j). Pub. L. 102–240, §1032(b)(4), added

subsecs. (h) to (j) and struck out former subsec. (h)

which read as follows: ‘‘Funds available for each class

of Federal lands highways shall be available for adjacent vehicular parking areas and scenic easements.’’

1987—Subsec. (b). Pub. L. 100–17, §133(b)(13), inserted

‘‘the Secretary or’’ after ‘‘used by’’ in second sentence.

Subsec. (e). Pub. L. 100–17, §133(b)(14), struck out ‘‘of

1975’’ after ‘‘Education Assistance Act’’.

1983—Pub. L. 97–424 substituted ‘‘Federal Lands Highways Program’’ for ‘‘Forest highways’’ in section

catchline.

Subsecs. (a), (b). Pub. L. 97–424 added subsec. (a), redesignated former subsec. (a) as (b), inserted reference

to public lands highways, inserted ‘‘and improvement’’

after ‘‘construction’’, inserted reference to reservations, Indian tribes, and the Secretary of the Interior,

and inserted provision that funds available for park

roads, parkways, and Indian reservation roads shall be

used by the Secretary of the Interior to pay for the cost

of construction and improvement thereof. Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 97–424 added subsec. (c). Former

subsec. (c) redesignated (e).

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

(b) as (d) and substituted provision that cooperation

may be accepted in construction and improvement, and

that any funds received from a State, county, or local

subdivision be credited to appropriations available for

the class of Federal lands highways to which such funds

were contributed, for provision that cooperation may

be accepted but may not be required by the Secretary.

Former subsec. (d) redesignated (f).

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

(c) as (e) and substituted provisions relating to competitive bidding and preference for Indians for provisions that construction estimated to cost $5,000 or more

per mile, exclusive of bridges, was to be advertised and

let to contract, that if such estimated cost was less

than $5,000 per mile or if, after proper advertising, no

acceptable bid was received or the bids deemed excessive, the work might be done by the Secretary on his

own account, and that for such purpose, the Secretary

might purchase, lease, hire, rent, or otherwise obtain

all necessary supplies, materials, tools, equipment, and

facilities required to perform the work, and might pay

wages, salaries, and other expenses for help employed

in connection with such work. Former subsec. (e) redesignated (g).

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

(d) as (f), inserted reference to each class of Federal

lands highways and to agreements, and substituted reference to the Secretary of the appropriate Federal land
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-