§387 — Title 43 Public Lands | U.S. Code

Summary

The Secretary can allow people to take sand, gravel, and other minerals or building materials from lands the federal government controls for reclamation projects. The Secretary can charge for this or not. If a public agency will use the materials to build public roads inside the project or nearby, the material can be given free. The Secretary can also give leases or licenses for up to 50 years, and grant easements or rights-of-way for any time period. These permissions can only be given when the Secretary thinks they won’t conflict with the project’s purpose. If a water users’ organization has a repayment contract for the project, any easement or right-of-way longer than 25 years needs that organization’s governing board to approve it in writing. All permits must include terms that protect the United States and the project.

Title 43, §387

Public Lands — Source: USLM XML via OLRC

The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of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and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: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

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Definitions The definitions in section 485a of this title apply to this section.

§387 Removal of Sand, Gravel, Etc.; Leases, Easements, Etc.