43 U.S.C. § 389 — Relocation of highways, railroads, trans-

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,