Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 387. Removal of sand, gravel, etc.; leases, easements, etc.
Statutory text
The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users’ organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 76–418 § 10 · 53 Stat. 1187
Enacted · 43 U.S.C. § 387
Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196
Source evidence
Code source credit
Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196Enacted provision · exact public law section
Sec. 10. The Secretary, in his discretion, may (a) permit the Removal of sand, gravel, etc. removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted Proviso. Removals without charge if for public use. without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases, licenses, easements, or rights-of-way, Leases, easements, etc. for periods not to exceed fifty years, affecting lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project. Such permits or grants shall Condition. be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in section 485a of this title.
Amendments
1950—Act , permitted Secretary to grant permanent easements or rights-of-way provided that no easement or right-of-way in excess of 25 years be granted unless there has been prior written approval by the governing board of that water users’ organization as may be under contract obligation for repayment on account of the project involved.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in section 485a of this title apply to this section.
Credits
1939–1950 · 2 acts
- 1939Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196
- 1950Aug. 18, 1950, ch. 752, 64 Stat. 463.
Show as published
(Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)