22 U.S.C. § 276ee — Powers of board; personal liability of

Page 113 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 276ee (July 2, 1945, ch. 228, § 2, 59 Stat. 316; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section was formerly classified to section 225 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 276cc. Acceptance of funds and property from other sources; limitation; disbursement and investment The board is also authorized to accept, re- ceive, hold, and administer gifts, bequests and devises of money, securities, or other property, whether real or personal, from any source, for the benefit of the Kermit Roosevelt fund, but no such gift, bequest, or devise which entails any expenditure not to be met out of the gift, be- quest, devise, or the income thereof shall be ac- cepted without the consent of Congress. Such additional sums or property shall be receipted for by the Chief of Finance and may, at the dis- cretion of the board and unless otherwise re- stricted by the terms of the gift, bequest, or de- vise, be administered and disbursed in the same manner as the original corpus of the fund and the income therefrom. The board may in its dis- cretion sell or exchange securities or other prop- erty given, bequeathed, or devised to or for the benefit of the Kermit Roosevelt fund, and may invest and reinvest the proceeds thereof, to- gether with any other moneys in the fund, in such investments as it may determine from time to time: Provided, however, That the board is not authorized to engage in any business, nor shall it make any investments for the account of the fund which could not lawfully be made by a trust company in the District of Columbia, ex- cept that it may make any investment directly authorized by the instrument of gift, bequest, or devise under which the funds to be invested are derived, and may retain any investments accept- ed by it. (July 2, 1945, ch. 228, § 3, 59 Stat. 317.) Editorial Notes CODIFICATION Section was formerly classified to section 226 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 276dd. Income from property covered into Treasury; disbursement and investment The income from any property held or admin- istered by the board, as and when collected, shall be deposited in the Treasury of the United States to the credit of the trust fund established pursuant to section 276bb of this title, and it shall be and remain subject to investment, rein- vestment, and disbursement by the board for the uses and purposes set forth herein. (July 2, 1945, ch. 228, § 4, 59 Stat. 317.) Editorial Notes CODIFICATION Section was formerly classified to section 227 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 276ee. Powers of board; personal liability of members; compensation; decisions review- able by Secretary of the Army; annual report; jurisdiction of court The board shall have all the usual powers of a trustee in respect to all property administered by it, but the members of the board shall not be personally liable, except for misfeasance, on ac- count of any acts performed in their trust ca- pacity. The members of the board shall not be required to furnish bond, and no additional com- pensation shall accrue to any of them on ac- count of their duties as trustees. Within the lim- its prescribed by sections 276bb to 276dd of this title, the administration, control, and expendi- ture of this fund and its application to the pur- poses intended shall be according to the sole dis- cretion of the board, and the exercise of its dis- cretion and authority in regard thereto and its decisions thereon, including any payments made or authorized by it to be made from the Kermit Roosevelt fund, shall not be subject to review except by the Secretary of the Army, to whom the board shall, on the 1st day of January, each year, render a full report of its activities during the preceding twelve months. The actions of the board shall not be subject to judicial review ex- cept in an action brought in the United States District Court for the District of Columbia, which is given jurisdiction of such suits, for the purpose of enforcing the provisions of any trust accepted by the board. (July 2, 1945, ch. 228, § 5, 59 Stat. 317; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section was formerly classified to section 228 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. 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, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. Page 114 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 277 SUBCHAPTER IV—INTERNATIONAL BOUNDARY AND WATER COMMISSION § 277. International Boundary Commission, United States and Mexico; study of boundary waters The President is authorized to designate the American Commissioner on the International Boundary Commission, United States and Mex- ico, or other Federal agency, to cooperate with a representative or representatives of the Gov- ernment of Mexico in a study regarding the eq- uitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers, for the purpose of obtaining information which may be used as a basis for the negotiation of a treaty with the Government of Mexico rel- ative to the use of the waters of these rivers and to matters closely related thereto. On comple- tion of such study the results shall be reported to the Secretary of State. (May 13, 1924, ch. 153, § 1, 43 Stat. 118; Mar. 3, 1927, ch. 381, § 1, 44 Stat. 1403; Aug. 19, 1935, ch. 561, 49 Stat. 660.) Editorial Notes AMENDMENTS 1935—Act Aug. 19, 1935, created the International Boundary Commission to take the place of the three special commissioners. 1927—Act Mar. 3, 1927, provided for a study of Tia Juana River in addition to the lower Rio Grande and Colorado Rivers. Statutory Notes and Related Subsidiaries CHANGE OF NAME International Boundary Commission, United States and Mexico, American section, to which powers, duties, and functions of International Water Commission, United States and Mexico, American section, were transferred by act June 30, 1932, ch. 314, pt. II, title V, § 510, 47 Stat. 417, reconstituted as International Bound- ary and Water Commission by Water Treaty of 1944. SHORT TITLE Pub. L. 100–465, Oct. 3, 1988, 102 Stat. 2272, which en- acted sections 277g to 277g–3 of this title, is known as the Rio Grande Pollution Correction Act of 1987. For complete classification of this Act to the Code, see Short Title note set out under section 277g of this title and Tables. Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, which en- acted sections 277d–34 to 277d–42 of this title, is known as the American-Mexican Boundary Treaty Act of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 277d–34 of this title and Tables. Pub. L. 88–300, Apr. 29, 1964, 78 Stat. 184, which en- acted sections 277d–17 to 277d–25 of this title, is known as the American-Mexican Chamizal Convention Act of 1964. For complete classification of this Act to the Code, see Short Title note set out under section 277d–17 of this title and Tables. Act Sept. 13, 1950, ch. 948, 64 Stat. 846, which enacted sections 277d–1 to 277d–9 of this title, is known as the American-Mexican Treaty Act of 1950. For complete classification of this Act to the Code, see Short Title note set out under section 277d–1 of this title and Ta- bles. REPEALS Act Mar. 3, 1927, cited as a credit to this section, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 647. ANNUAL APPROPRIATIONS Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title. § 277a. Investigations of commission; construc- tion of works or projects The Secretary of State, acting through the American Commissioner, International Bound- ary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, de- marcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water re- sources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, stabilization, drainage of transboundary storm waters, and other related matters upon the international boundary be- tween the United States and Mexico; and to con- struct and maintain fences, monuments and other demarcations of the boundary line be- tween the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the inter- national border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law. The President is authorized and empowered to construct, operate, and maintain on the Rio Grande River below Fort Quitman, Texas, any and all works or projects which are rec- ommended to the President as the result of such investigations and by the President are deemed necessary and proper. (May 13, 1924, ch. 153, § 2, 43 Stat. 118; Mar. 3, 1927, ch. 381, § 2, 44 Stat. 1403; Aug. 19, 1935, ch. 561, 49 Stat. 660; Pub. L. 101–246, title IV, § 412(b)(2), Feb. 16, 1990, 104 Stat. 70.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–246 inserted reference to drainage of transboundary storm waters. 1935—Act Aug. 19, 1935, amended section generally. 1927—Act Mar. 3, 1927, increased appropriation from $20,000 to $50,000. Statutory Notes and Related Subsidiaries CHANGE OF NAME International Boundary Commission, United States and Mexico, American section, to which powers, duties, and functions of International Water Commission, United States and Mexico, American section, were transferred by act June 30, 1932, ch. 314, pt. II, title V, § 510, 47 Stat. 417, reconstituted as International Bound- ary and Water Commission by Water Treaty of 1944. REPEALS Act Mar. 3, 1927, cited as a credit to this section, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 647. WATER RESOURCES PLANNING Jurisdiction, powers, or prerogatives of the Inter- national Boundary and Water Commission, United States and Mexico, unaffected by Water Resources