§ 387. — Removal of sand, gravel, etc.; leases, easements, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC387]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 387. Removal of sand, gravel, etc.; leases, easements, etc.
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lands or interests in lands withdrawn or acquired and being administered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interest in lands withdrawn or acquired and being administered under the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.
(Aug. 4, 1939, ch. 418, Sec. 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752,
64 Stat. 463.)
References in Text
The Federal reclamation laws, referred to in text, are defined in
section 485a of this title.
Amendments
1950--Act Aug. 18, 1950, 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.
Definitions
The definitions in section 485a of this title apply to this section.
Section Referred to in Other Sections
This section is referred to in sections 485, 485d, 485e, 485f, 485g,
485i, 485j, 485k of this title; title 16 sections 460q-5, 460dd-2,
460mm-4.
