[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC277e]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER IV--INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 277e. Disposal of lands; issuance of licenses for use of
lands; compensation for injured property
The Secretary of State is authorized to lease any land heretofore or
hereafter acquired under any Act, Executive order, or treaty in
connection with projects, in whole or in part, constructed or
administered by the Secretary of State through the said American
Commissioner, or to dispose of such lands when no longer needed, subject
to applicable regulations under the Federal Property and Administrative
Services Act of 1949, as amended,\1\ by sale at public auction, after
thirty days' advertisement, at a price not less than that which may be
fixed by three disinterested appraisers, to be designated by the
Secretary of State, or by private sale, or otherwise, at not less than
such appraised value: Provided, That any of such land as shall have been
donated to the United States and which is no longer needed may be
reconveyed, without cost, to the grantor or his heirs: Provided,
further, That the lease or disposal of any land pursuant hereto may, in
the discretion of the Secretary of State, be subject to reservations in
favor of the United States for rights-of-way for irrigation, drainage,
river work, and other purposes, and any such disposal may be conditioned
upon and made subject to inclusion of such lands in any existing
irrigation district in the vicinity of such lands, the proceeds of any
such lease or sale to be covered into the Treasury of the United States:
And provided further, That in the discretion of the Secretary of State,
and subject to such conditions as he may deem appropriate, conveyances
of any other of such lands not needed by the United States may be made
to the State to which they lie adjacent or to any similarly situated
county, city, or other governmental subdivision of such State, without
cost, for use for public purposes.
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\1\ See References in Text note below.
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The Secretary of State is further authorized to issue revokable
licenses for public or private use for irrigation or other structures or
uses not inconsistent with the use of such lands made, or to be made, by
the United States, across any lands retained by the United States, and
to execute all necessary leases, title instruments, and conveyances, in
order to carry out the provisions of this section.
Whenever the construction of any project or works undertaken or
administered by the Secretary of State through the International
Boundary and Water Commission, United States and Mexico, results in the
interference with or necessitates the alteration or restoration of
constructed and existing irrigation or water-supply structures, sanitary
or sewage disposal works, or other structures, or physical property
belonging to any municipal or private corporation, company, association,
or individual, the Secretary of State may cause the restoration or
reconstruction of such works, structures, or physical property or the
construction of others in lieu thereof or he may compensate the owners
thereof to the extent of the reasonable value thereof as the same may be
agreed upon by the American Commissioner with such owner.
The Secretary of State acting through such officers as he may
designate, is further authorized to consider, adjust, and pay from funds
appropriated for the project, the construction of which resulted in
damages, any claim for damages accruing after March 31, 1937, caused to
owners of lands or other private property of any kind by reason of the
operations of the United States, its officers or employees, in the
survey, construction, operation, or maintenance of any project
constructed or administered through the American Commissioner,
International Boundary and Water Commission, United States and Mexico,
if such claim for damages does not exceed $1,000 and has been filed with
the American Commissioner within one year after the damage is alleged to
have occurred, and when in the opinion of the American Commissioner such
claim is substantiated by a report of a board appointed by the said
Commissioner.
(Aug. 27, 1935, ch. 763, 49 Stat. 906; June 19, 1939, ch. 212, 53 Stat.
841; Oct. 31, 1951, ch. 654, Sec. 2(15), 65 Stat. 707; Pub. L. 85-201,
Aug. 28, 1957, 71 Stat. 475.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was
