43 U.S.C. § 945b — Jurisdiction; procedure

Page 293 TITLE 43—PUBLIC LANDS § 945b present or prospective reservoir system: Pro- vided further, That the plan for the location and construction of any such railway, or any part thereof, shall be first submitted to the Sec- retary of the Army and approved by him and by the Chief of Engineers of the United States Army. (Feb. 27, 1901, ch. 614, 31 Stat. 815; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 944. Right of way in Oklahoma and Arizona Where, under sections 934 to 939 of this title, or under special Acts of Congress, or under the laws of the former Territories of Oklahoma and Arizona, railroads have been constructed and were on June 26, 1906, in operation in Oklahoma or Arizona which passed through any of the lands theretofore reserved for said Territories, such lands shall be disposed of subject to such railroad right or easement, but only to the ex- tent of the right of way conferred by the said sections for such railroad purposes. (June 26, 1906, ch. 3548, 34 Stat. 481.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 945. Reservation in patents of right of way for ditches or canals In all patents for lands taken up after August 30, 1890, under any of the land laws of the United States or on entries or claims validated by this Act, west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States. (Aug. 30, 1890, ch. 837, § 1, 26 Stat. 391.) Editorial Notes REFERENCES IN TEXT The land laws of the United States, referred to in text, are classified generally to this title. This Act, referred to in text, is act Aug. 30, 1890, ch. 837, 26 Stat. 371, which enacted sections 212 and 945 of this title, section 861a of former Title 10, The Army, section 446 of Title 16, Conservation, sections 497, 601, and 651 of former Title 31, Money and Finance, section 887 of Title 33, Navigation and Navigable Waters, sec- tion 120 of former Title 40, Public Buildings, Property, and Works, and amended sections 321 and 662 of this title. For complete classification of this Act to the Code, see Tables. § 945a. Compensation for rights-of-way for cer- tain reclamation projects Notwithstanding the existence of any reserva- tion of right-of-way to the United States for ca- nals under section 945 of this title, or any State statute, the Secretary of the Interior shall pay just compensation, including severance dam- ages, to the owners of private land utilized for ditches or canals in connection with any rec- lamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after Janu- ary 1, 1961, and such compensation shall be paid notwithstanding the execution of any agree- ments or any judgments entered in any con- demnation proceeding, prior to September 2, 1964. (Pub. L. 88–561, § 1, Sept. 2, 1964, 78 Stat. 808; Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 873.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–624 inserted ‘‘to the United States’’ and ‘‘or any State statute,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 88–561, § 3, as added by Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 874, provided that: ‘‘The amendment made by this Act [enacting section 945b of this title and amending this section] shall apply to any condemna- tion action pending in any district court of the United States on the date of enactment of this Act [Oct. 4, 1966] and to any such action instituted after that date.’’ § 945b. Jurisdiction; procedure Jurisdiction of an action brought by the United States or the landowner for the deter- mination of just compensation pursuant to sec- tion 945a of this title is hereby conferred on the United States district court in the district in which any such land is situated, without limita- tion to the amount of compensation sought by such suit. The procedure for such an action shall be governed by the Federal Rules of Civil Proce- dure for the condemnation of real and personal property. (Pub. L. 88–561, § 2, as added Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 874.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure for the con- demnation of real and personal property, referred to in Page 294 TITLE 43—PUBLIC LANDS § 946 text, means rule 71A of the Federal Rules of Civil Pro- cedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to Federal condemnation actions pending in any district court of the United States on or after Oct. 4, 1966, see section 3 of Pub. L. 88–561, as added by Pub. L. 89–624, set out as an Effective Date of 1966 Amendment note under section 945a of this title. § 946. Right of way to canal ditch companies and irrigation or drainage districts for irrigation or drainage purposes and operation and maintenance of reservoirs, canals, and laterals The right of way through the public lands and reservations of the United States is granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorpo- ration or, if not a private corporation, a copy of the law under which the same is formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof, and, upon presentation of satisfactory showing by the applicant, such additional rights of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the con- struction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Gov- ernment of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having juris- diction of such reservation; and the privilege herein granted shall not be construed to inter- fere with the control of water for irrigation and other purposes under authority of the respective States or Territories. (Mar. 3, 1891, ch. 561, § 18, 26 Stat. 1101; Mar. 4, 1917, ch. 184, § 1, 39 Stat. 1197; May 28, 1926, ch. 409, 44 Stat. 668.) Editorial Notes AMENDMENTS 1926—Act May 28, 1926, substituted ‘‘canal ditch com- pany, irrigation or drainage district’’ for ‘‘canal or ditch company or drainage district’’ and inserted ‘‘or, if not a private corporation, a copy of the law under which the same is formed’’ after ‘‘articles of incorpora- tion’’ and ‘‘, and, upon presentation of satisfactory showing by the applicant, such additional right of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said res- ervoirs, canals, and laterals’’ after ‘‘marginal limits thereof’’. 1917—Act Mar. 4, 1917, inserted ‘‘or drainage district,’’ after ‘‘any canal or ditch company,’’ and ‘‘or drainage,’’ after ‘‘for the purpose of irrigation’’. Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 947. Map; damages to settlers Any canal or ditch company desiring to secure the benefits of sections 946 to 949 of this title shall, within twelve months after the location of ten miles of its canal, if the same be upon sur- veyed lands, and if upon unsurveyed lands, with- in twelve months after the survey thereof by the United States, file with the officer, as the Sec- retary of the Interior may designate, of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. When- ever any person or corporation, in the construc- tion of any canal, ditch, or reservoir, injures or damages the possession of any settler on the public domain, the party committing such in- jury or damage shall be liable to the party in- jured for such injury or damage. (Mar. 3, 1891, ch. 561, § 19, 26 Stat. 1102; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. 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. ‘‘Officer, as the Secretary of the Interior may des- ignate’’ substituted for ‘‘register’’ on authority of sec- tion 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred func- tions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. § 948. Application to existing and future canals The provisions of sections 946 to 949 of this title shall apply to all canals, ditches, or res- ervoirs, heretofore or hereafter constructed,