Volume 86 · 1161
Public Law 92–549
To facilitate compliance with the treaty between the United States of America and the United Mexican States, signed November 23, 1970, and for other purposes.
Approved October 25, 1972
Statutory text
AN ACT
To facilitate compliance with the treaty between the United States of America and the United Mexican States, signed November 23, 1970, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “American-Mexican Boundary Treaty Act of 1972”.
TITLE I— AUTHORIZATION FOR CARRYING OUT TREATY PROVISIONS
Sec. 101.
In connection with the treaty between the United States of America and the United Mexican States to resolve pending boundary differences and maintain the Rio Grande and the Colorado River as the international boundary between the United States of America and the United Mexican States, signed November 23, 1970 (hereafter
23 UST 371.
in this Act referred to as the “treaty”), the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States, and Mexico (hereafter in this Act referred to as the “Commissioner”), is authorized—
to conduct technical and other investigations relating to—
Investigations.
the demarcation, mapping, monumentation, channel relocation, rectification, improvement, stabilization, and other matters relating to the preservation of the river boundaries between the United States and Mexico;
the establishment and delimitation of the maritime boundaries in the Gulf of Mexico and in the Pacific Ocean;
water resources; and
the sanitation and the prevention of pollution;
to acquire by donation, purchase, or condemnation, all lands
Land acquisition, purposes.
or interests in lands required—
for transfer to Mexico as provided in the treaty;
for construction of that portion of new river channels and the adjoining levees in the territory of the United States;
to preserve the Rio Grande and the Colorado River as the boundary by preventing the construction of works which may cause deflection or obstruction of the normal flow of the rivers or of their floodflows; and
for relocation of any structure or facility, public or private, the relocation of which, in the judgment, of the Commissioner, is necessitated by the project; and
to remove, modify, or repair the damages caused to Mexico
Damages, repair or compensation.
by works constructed in the United States which the International Boundary and Water Commission, United States and Mexico, as determined have an adverse effect on Mexico, or to compensate Mexico for such damages.
Sec. 102.
The Commissioner is authorized—
to construct, operate, and maintain all works provided for
Construction.
in the treaty and title I of this Act;
to enter into contracts with the owners of properties to be
Property relocation, contracts.
relocated whereby such owners undertake to perform, at the expense of the United States, any or all operations involved in such relocations; and
to turn over the operation and maintenance of any works referred to in paragraph (1) of this section to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such works may be situated, in whole or in part, upon such terms, conditions, and requirements as the Commissioner may deem appropriate.
Sec. 103.
Nothwithstanding any other provision of law, the Commissioner is authorized to dispose of by warranty deed, or otherwise, any land acquired by him on behalf of the United States, or obtained by the United States pursuant to treaty between the United States and Mexico, and not required for project purposes, under procedures to be formulated by the Commissioner, to adjoining landowners at such price as he considers fair and equitable, and, if not so disposed of, to turn such land over to the General services Administration for disposal under the provisions of the Federal Property and Administrative
40 USC 471 note.
Channel shifts boundary determination.
Services Act of 1949.
Sec. 104.
When a determination must be made under the treaty whether to permit a new channel to become the boundary, or whether or not to restore a river to its former channel, or whether, instead of restoration, the Governments should undertake a rectification of the river channel, the Commissioner’s decision, approved by the Secretary of State, shall be final so far as the United States is concerned, and the Commissioner is authorized to construct or arrange for the construction of such works as may be required to give effect to that decision.
Sec. 105.
Land acquired or to be acquired by the United States of America in accordance with the provisions of the treaty, including the tract provided for in section 106, shall become a geographical part of
State jurisdiction.
the State to which it attaches and shall be under the civil and criminal jurisdiction of such State, without affecting the ownership of such. The addition of land and the ceding of jurisdiction to a State shall take effect upon acceptance by such State.
Sec. 106.
Upon transfer of sovereignty from Mexico to the United States of the 481.68 acres of land acquired by the United States from Mexico near Hidalgo-Reynosa, administration over the portion of that land which is determined by the Commissioner not to be required for the construction and maintenance of the relocated river channel shall be assumed by the Department of the Interior; and the Department of the Interior, Fish and Wildlife Service, Bureau of Sport Fisheries and Wildlife, is authorized to plan, establish, develop, and administer such portion of the acquired lands as a part of the national wildlife refuge system.
Sec. 107.
The heading of section 322 of the Tariff Act of 1930
(19 U.S.C. 1322) is amended by inserting immediately before the period at the end thereof the following: “;UNITED STATES-MEXICO BOUNDARY TREATY OF 1970”.
Subsection (b) of such section 322 is amended by striking out “and” at the end of clause (2), by striking cut the period at the end of clause (3) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new clause:
“(4) personal property reasonably related to the use and enjoyment of a separated tract of land as described in article III of the Treaty To Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado Rivers as the International Boundary between the United States of America and the United Mexican
States signed on November 23, 1970.”.
Sec. 108.
There is authorized to be appropriated to the Department of State for the use of the United States section of the International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of the treaty and title I of this Act.
TITLE II— PRESIDIO FLOOD CONTROL PROJECT
Sec. 201.
The Secretary of State, acting through the Commissioner,
U.S.-Mexico flood control agreement, authorization.
is hereby’ authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for a coordinated plan by the United States and Mexico for international flood control works for protection of lands along the international section of the Rio Grande in the United States and in Mexico in the PresidioOjinaga Valley.
Sec. 202.
If an agreement is concluded pursuant to section 201 of title II of this Act, the Commissioner is authorized to construct, operate, and maintain flood control works located in the United States having substantially the characteristics described in “Report on the Flood Control Project Rio Grande, Presidio Valley, Texas”, prepared by the United States section, International Boundary’ and Water Commission, United States and Mexico; and there are hereby authorized
Appropriation.
to be appropriated to the Department of State for the use of the United States section of the Commission such sums as may be necessary to carry out the provisions of title II of this Act. No part of any appropriation under this section shall be expended for flood control works on any land, site, or easement unless such land, site, or easement has been acquired under the treaty for other purposes or by donation and, in the case of a donation, the title thereto has been approved in accordance with existing rules and regulations of the Attorney General of the United States.
Approved October 25, 1972.