22 U.S.C. § 277b — Works or projects under treaty

Page 115 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 277c 1 See Repeal; Savings Provision note below. Planning Act, see section 1962–1 of Title 42, The Public Health and Welfare. § 277b. Works or projects under treaty (a) Construction, operation, maintenance, and supervision; sewage interceptor system The President is further authorized (1) to con- struct any project or works which may be pro- vided for in a treaty entered into with Mexico and to repair, protect, maintain, or complete works now existing or now under construction or those that may be constructed under the treaty provisions aforesaid; and to construct any project or works designed to facilitate com- pliance with the provisions of treaties between the United States and Mexico; (2) to operate and maintain any project or works so constructed or, subject to such rules and regulations for con- tinuing supervision by the said American Com- missioner or any Federal agency as the Presi- dent may cause to be promulgated, to turn over the operation and maintenance of such project or works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the President may deem appropriate; and (3) to carry out preliminary surveys, operations, and maintenance of the interceptor system con- structed to intercept sewage flows from Tijuana from selected canyon areas. (b) Rio Grande bank protection project Expenditures for the Rio Grande bank protec- tion project shall be subject to the provisions and conditions made with respect to that project in the first undesignated paragraph under the heading ‘‘INTERNATIONAL OBLIGA- TIONS’’ contained in the Act of April 25, 1945 (59 Stat. 89). (c) Anzalduas diversion dam The Anzalduas diversion dam shall not be op- erated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of the United States for such portions of the dam as shall have been allocated to such purposes by the Secretary of State. (d) Improvements to Rio Grande Canalization Project Pursuant to the authority of subsection (a) and in order to facilitate further compliance with the terms of the Convention for Equitable Distribution of the Waters of the Rio Grande, May 21, 1906, United States-Mexico, the Sec- retary of State, acting through the United States Commissioner of the International Boundary and Water Commission, may make improvements to the Rio Grande Canalization Project, originally authorized by the Act of Au- gust 29, 1935 (49 Stat. 961). Such improvements may include all such works as may be needed to stabilize the Rio Grande in the reach between the Percha Diversion Dam in New Mexico and the American Diversion Dam in El Paso. (May 13, 1924, ch. 153, § 3, as added Aug. 19, 1935, ch. 561, 49 Stat. 660; amended Pub. L. 101–246, title IV, § 412(b)(1), Feb. 16, 1990, 104 Stat. 70; Pub. L. 104–319, title I, § 104, Oct. 19, 1996, 110 Stat. 3866.) Editorial Notes REFERENCES IN TEXT The first undesignated paragraph under the heading ‘‘INTERNATIONAL OBLIGATIONS’’ contained in the Act of April 25, 1945 (59 Stat. 89), referred to in subsec. (b), is not classified to the Code. AMENDMENTS 1996—Subsec. (d). Pub. L. 104–319 added subsec. (d). 1990—Pub. L. 101–246 designated existing provisions as subsec. (a), redesignated cls. (a) and (b) as (1) and (2), respectively, added cl. (3), and added subsecs. (b) and (c). § 277c. Agreements with political subdivisions; acquisition of lands In order to carry out the provisions of sections 277 to 277d of this title, the President, or any Federal agency he may designate is authorized, (a) in his discretion, to enter into agreements with any one or more of said political subdivi- sions, in connection with the construction of any project or works provided for in paragraph (2) of section 277a and section 277b of this title, under the terms of which agreements there shall be furnished to the United States, gratuitously, except for the examination and approval of ti- tles, the lands or easements in lands necessary for the construction, operation, and mainte- nance in whole or in part of any such project or works, or for the assumption by one or more of any such political subdivisions making such agreement, of the operation and maintenance of such project or works in whole or in part upon the completion thereof: Provided, however, That when an agreement is reached that necessary lands or easements shall be provided by any such political subdivision and for the future op- eration and maintenance by it of a project or works or a part thereof, in the discretion of the President the title to such lands and easements for such projects or works need not be required to be conveyed to the United States but may be required only to be vested in and remain in such political subdivision; (b) to acquire by purchase, exercise of the power of eminent domain, or by donation, any real or personal property which may be necessary; (c) 1 to withdraw from sale, public entry or disposal of such public lands of the United States as he may find to be necessary and thereupon the Secretary of the Interior shall cause the lands so designated to be with- drawn from any public entry whatsoever, and from sale, disposal, location or settlement under the mining laws or any other law relating to the public domain and shall cause such withdrawal to appear upon the records in the appropriate land office having jurisdiction over such lands, and such lands may be used for carrying out the purposes of sections 277 to 277d of this title: Pro- vided, That any such withdrawal may subse- quently be revoked by the President; and (d) to make or approve all necessary rules and regula- tions.