Volume 49 · 660
Public Law 74–561
To amend the Act of May 13, 1924, entitled “An Act providing for a study regarding the equitable use of the waters of the Rio Grande”, and so forth, as amended by the public resolution of March 3, 1927.
Approved August 19, 1935
Statutory text
AN ACT
To amend the Act of May 13, 1924, entitled “An Act providing for a study regarding the equitable use of the waters of the Rio Grande”, and so forth, as amended by the public resolution of March 3, 1927.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of May 13, 1924, entitled “An Act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico”, as amended by the public resolution of March 3, 1927, is hereby amended to read as follows:
Study of equitable use of waters of.
“The President is hereby authorized to designate the American Commissioner on the International Boundary Commission, United States and Mexico, or other Federal agency, to cooperate with a representative or representatives of the Government of Mexico in a study regarding the equitable use of the waters of the lower Rio
Purpose.
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 relative to the use of the waters of these rivers and to matters closely related
Report to Secretary of State.
thereto. On completion of such study the results shall be reported to the Secretary of State.
“Sec. 2.
The Secretary of State, acting through the American Commissioner, International Boundary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, demarcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water resources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, and stabilization and other related matters upon the international boundary between the United States and Mexico; and to construct and maintain fences, monuments and other demarcations of the boundary line between the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the international border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law.
Projects below Fort Quitman, Tex.; construction etc.
“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 recommended to the President as the result of such investigations and by the President are deemed necessary and proper.
“Sec. 3.
(a) The President is further authorized to construct any project or works which may be provided for in a treaty entered into
Maintenance of existing works.
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 compliance with the provisions of
Operation, supervision, etc.
treaties between the United States and Mexico; and (b) to operate and maintain any project or works so constructed or, subject to such rules and regulations for continuing supervision by the said American Commissioner or any Federal agency as the President 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.
“Sec. 4.
In order to carry out the provisions of this Act, the
Agreements with political subdivisions authorized.
Post, p. 1370.
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 subdivisions, in connection with the construction of any project or works provided for in section 3 hereof, under the terms of
Terms.
which agreements there shall be furnished to the United States,
Lands necessary for construction, maintenance, etc., of projects.
gratuitously, except for the examination and approval of titles, the lands or easements in lands necessary for the construction, operation, and maintenance 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
Provisos.
Easements, etc.
necessary lands or easements shall be provided by any such political subdivision and for the future operation 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
Acquisition of real or personal property.
domain, or by donation, any real or personal property which may be necessary; (c) to withdraw from sale, public entry or disposal of
Withdrawal of necessary public lands from entry, etc.
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 withdrawn 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 this Act: Provided, That any such withdrawal
Revocation of withdrawals.
Rules and regulations.
may subsequently be revoked by the President; and (d) to make or approve all necessary rules and regulations.
“Sec. 5.
Any moneys contributed by or received from the United
Use of receipts.
Mexican States for the purpose of cooperating or assisting in carrying out the provisions of this Act shall be available for expenditure in connection with any appropriation which may be made for the purposes of this Act.”
Approved, August 19, 1935.