22 U.S.C. § 277c: Agreements with political…

Summary

The President, or a federal agency he chooses, can do several things to carry out sections 277 to 277d. He can make agreements with state or local governments so they provide, for free, the land or land rights needed to build, run, or keep up a project, though the United States will still check and approve the land titles. Those local governments can be asked to operate and maintain the project when it is done. The President may also let the local government keep the land title instead of transferring it to the United States. He can buy property, use eminent domain, or accept gifts of property. He can remove public federal lands from sale or settlement while they are needed, and the Secretary of the Interior will record that. The President can later undo such a withdrawal. He can also make any rules needed to carry out these powers.

Title 22, §277c

Foreign Relations and Intercourse, Source: USLM XML via OLRC

In order to carry out the provisions of sections 277 to 277d of this title, the President, or any Federal agency he may designate is authorized, (a) in his discretion, to enter into agreements with any one or more of said political subdivisions, in connection with the construction of any project or works provided for in paragraph (2) of section 277a and section 277b of this title, under the terms of which agreements there shall be furnished to the United States, gratuitously, except for the examination and approval of titles, the lands or easements in lands necessary for the construction, operation, and maintenance in whole or in part of any such project or works, or for the assumption by one or more of any such political subdivisions making such agreement, of the operation and maintenance of such project or works in whole or in part upon the completion thereof: Provided, however, That when an agreement is reached that necessary lands or easements shall be provided by any such political subdivision and for the future operation and maintenance by it of a project or works or a part thereof, in the discretion of the President the title to such lands and easements for such projects or works need not be required to be conveyed to the United States but may be required only to be vested in and remain in such political subdivision; (b) to acquire by purchase, exercise of the power of eminent domain, or by donation, any real or personal property which may be necessary; (c) to withdraw from sale, public entry or disposal of such public lands of the United States as he may find to be necessary and thereupon the Secretary of the Interior shall cause the lands so designated to be withdrawn from any public entry whatsoever, and from sale, disposal, location or settlement under the mining laws or any other law relating to the public domain and shall cause such withdrawal to appear upon the records in the appropriate land office having jurisdiction over such lands, and such lands may be used for carrying out the purposes of sections 277 to 277d of this title: Provided, That any such withdrawal may subsequently be revoked by the President; and (d) to make or approve all necessary rules and regulations.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1936—Act May 22, 1936, inserted “paragraph (2) of section 277a”.

Statutory Notes and Related Subsidiaries

Repeal;

Savings Provision

Clause (c), except the proviso thereof, repealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, effective on and after Oct. 21, 1976. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

§277c Agreements with Political Subdivisions; Acquisition of Lands