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43 U.S.C. § 387Removal of sand, gravel, etc.; leases, easements, etc.

submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 257 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can allow sand, gravel, and other materials to be removed from reclamation-project land, and can grant leases, easements, and rights-of-way on that land, as long as doing so doesn't conflict with the project's purpose.

The Secretary may, at his discretion: (a) allow sand, gravel, other minerals, and building materials to be removed from land — withdrawn or acquired and run under federal reclamation law for a project's construction, operation, or maintenance — with or without competitive bidding. Removal can be free of charge if a public agency is using the material to build public roads or streets within the project or nearby. (b) grant leases and licenses lasting up to 50 years, and easements or rights-of-way with or without a time limit, affecting that same reclamation-project land. However, if a water users' organization is contractually obligated to repay costs for the project, an easement or right-of-way lasting more than 25 years can only be granted with prior written approval from that organization's governing board. The Secretary can only make these permits or grants when, in his judgment, doing so won't conflict with the purposes the land is being managed for, and they must include whatever terms adequately protect the interests of the United States and the project.
the actual law source: uscode.house.gov ↗public domain

The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand,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and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: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.

Source credit: (Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of Aug. 4, 1939, ch. 418 · 53 Stat. 1196
  • 1950Amended · Act of Aug. 18, 1950, ch. 752 · 64 Stat. 463

A history note hasn’t been published yet. The record shows enactment by ch. 418 on 1939-08-04.

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