Cooperation of director in matters of national defense

N.D.C.C. § 24-02-03.1 — under Director of the Department of Transportation.

N.D.C.C. § 24-02-03.1

In order to facilitate national defense, the director is hereby authorized to cooperate with the appropriate federal agency, when requested by it, in: 1. Making of surveys, plans, specifications, and estimates for, and in the construction and maintenance of, flight strips and of roads and bridges necessary to provide access to military and naval reservations, defense industries, defense-industry sites, and sources of raw materials. 2. Acquiring of land necessary for the construction of such flight strips and roads and bridges by purchase or condemnation in the manner provided by law for the purchase or condemnation of land required for state highway construction. 3. Replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites. 4. Entering into contracts in any manner approved by the appropriate federal agency for the construction of any such flight strips or roads. 5. Performing such construction and maintenance work by force account, whether paid for in whole by federal funds or in part by federal funds and in part by funds provided by the state or any of its subdivisions. Provided, that no cooperative venture may be entered into when any funds appropriated by the legislative assembly for highway purposes are to be expended thereby, unless such expended funds are to be reimbursed from federal sources.

24-02-03.2. Director may protect roads from damage and negotiate settlement for damages. Whenever federally financed construction or maintenance activities are likely to affect any public road within this state, the director is hereby authorized to take such action as may be necessary to protect such public road from any damages that may be caused, and to negotiate with any contractor or any officer or agency of the federal government for the repair of damage or extraordinary maintenance that may be required on such public road. If the public road affected is under the jurisdiction of any county, city, or township, the director shall obtain the concurrence of the appropriate governing board of such county, city, or township before any agreement is entered into or any other action is taken with respect to such public road.