§ 389. — Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 43USC389]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 389. Relocation of highways, railroads, transmission lines,
etc., exchange of water, water rights or electric energy
The Secretary is authorized, in connection with the construction or
operation and maintenance of any project, (a) to purchase or condemn
suitable lands or interests in lands for relocation of highways,
roadways, railroads, telegraph, telephone, or electric transmission
lines, or any other properties whatsoever, the relocation of which in
the judgment of the Secretary is necessitated by said construction or
operation and maintenance, and to perform any or all work involved in
said relocations on said lands or interests in lands, other lands or
interests in lands owned and held by the United States in connection
with the construction or operation and maintenance of said project, or
properties not owned by the United States; (b) to enter into contracts
with the owners of said properties whereby they undertake to acquire any
or all property needed for said relocation, or to perform any or all
work involved in said relocations; and (c) for the purpose of effecting
completely said relocations, to convey or exchange Government properties
acquired or improved under (a) above, with or without improvements, or
other properties owned and held by the United States in connection with
the construction or operation and maintenance of said project, or to
grant perpetual easements therein or thereover. Grants or conveyances
hereunder shall be by instruments executed by the Secretary without
regard to provisions of law governing the patenting of public lands.
The Secretary is further authorized, for the purpose of orderly and
economical construction or operation and maintenance of any project, to
enter into such contracts for exchange or replacement of water, water
rights, or electric energy or for the adjustment of water rights, as in
his judgment are necessary and in the interests of the United States and
the project.
(Aug. 4, 1939, ch. 418, Sec. 14, 53 Stat. 1197.)
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.
