43 U.S.C. § 388 — Contracts for materials; liability of United

Page 91 TITLE 43—PUBLIC LANDS § 388 quirements therefor, is authorized to make such provision as he deems to be necessary and in the public interest for the education of dependents of persons employed on the actual construction of projects or features of projects, by the Bureau of Reclamation, in any cases in which he finds that by reason of such construction activity, an undue burden is, or will be cast upon the facili- ties of the public-school districts serving the areas in which construction is being under- taken, and to pay for the same from any funds available for the construction of said projects: Provided, That the Secretary of the Interior shall enter into cooperative arrangements with local school districts wherein such features are situated to contribute toward covering the cost of furnishing the educational services required for such dependents, or for the operation by those school districts of Government facilities, or for the expansion of local school facilities. Such cost incurred hereunder shall be charged to the project concerned and shall be repayable in the same manner and to the same extent as are its other costs of construction. (June 29, 1948, ch. 733, § 1, 62 Stat. 1108.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. § 385b. Repealed. Pub. L. 86–533, § 1(18), June 29, 1960, 74 Stat. 248 Section, act June 29, 1948, ch. 733, § 2, 62 Stat. 1108, re- lated to reports to Congress of all activities undertaken pursuant to provisions of section 385a of this title. § 385c. Omitted Editorial Notes CODIFICATION Section, which related to tuition charge per pupil, was from the Interior Department Appropriation Act, 1949, act June 29, 1948, ch. 754, 62 Stat. 1125, and was not repeated in subsequent appropriation acts. § 386. Application of excess-land provisions of reclamation laws to certain lands The excess-land provisions of the Federal rec- lamation laws shall not be applicable to lands which on June 16, 1938, had an irrigation water supply from sources other than a Federal rec- lamation project and which will receive a sup- plemental supply from the Colorado-Big Thomp- son project. (June 16, 1938, ch. 485, 52 Stat. 764.) § 387. Removal of sand, gravel, etc.; leases, ease- ments, etc. The Secretary, in his discretion, may (a) per- mit the removal, from lands or interests in lands withdrawn or acquired and being adminis- tered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclama- tion laws in connection with the construction or operation and maintenance of any project: Pro- vided, That, if a water users’ organization is under contract obligation for repayment on ac- count of the project or division involved, ease- ments or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Sec- retary, their exercise will not be incompatible with the purposes for which the lands or inter- ests in lands are being administered, and shall be on such terms and conditions as in his judg- ment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being adminis- tered. (Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 485a of this title. AMENDMENTS 1950—Act Aug. 18, 1950, permitted Secretary to grant permanent easements or rights-of-way provided that no easement or right-of-way in excess of 25 years be grant- ed unless there has been prior written approval by the governing board of that water users’ organization as may be under contract obligation for repayment on ac- count of the project involved. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 388. Contracts for materials; liability of United States When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such con- struction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construc- tion, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor. (Aug. 4, 1939, ch. 418, § 12, 53 Stat. 1197.) Page 92 TITLE 43—PUBLIC LANDS § 389 Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 389. Relocation of highways, railroads, trans- mission lines, etc., exchange of water, water rights or electric energy The Secretary is authorized, in connection with the construction or operation and mainte- nance of any project, (a) to purchase or condemn suitable lands or interests in lands for reloca- tion of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is neces- sitated by said construction or operation and maintenance, and to perform any or all work in- volved in said relocations on said lands or inter- ests in lands, other lands or interests in lands owned and held by the United States in connec- tion with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to per- form any or all work involved in said reloca- tions; and (c) for the purpose of effecting com- pletely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construc- tion or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Sec- retary without regard to provisions of law gov- erning the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or re- placement of water, water rights, or electric en- ergy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project. (Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 390. Utilization of dams and reservoir projects for irrigation purposes; additional construc- tion; necessity of authorization; apportion- ment of cost; limitation On and after December 22, 1944, whenever the Secretary of the Army determines, upon rec- ommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the pro- visions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such addi- tional works in connection therewith as he may deem necessary for irrigation purposes. Such ir- rigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an au- thorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other pur- poses. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irri- gation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is author- ized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem rea- sonable, for the interim use for irrigation pur- poses of such storage until such storage is re- quired for municipal and industrial water sup- ply. No contracts for the interim use of such storage shall be entered into which would sig- nificantly affect then-existing uses of such stor- age. (Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IX, § 931, Nov. 17, 1986, 100 Stat. 4196.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. AMENDMENTS 1986—Pub. L. 99–662 inserted at end ‘‘In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is au- thorized to allocate water which was allocated in the project purpose for municipal and industrial water sup- ply and which is not under contract for delivery, for such periods as he may deem reasonable, for the in- terim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956,