§ 277a TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 74

were contained in acts listed in a note set out under

section 269a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277c, 277d of

this title.

§ 277a. Investigations of commission; construction of works or projects

The Secretary of State, acting through the

American Commissioner, International Boundary Commission, United States and Mexico, is

further authorized to conduct technical and

other investigations relating to the defining, demarcation, fencing, or monumentation of the

land and water boundary between the United

States and Mexico, to flood control, water resources, conservation, and utilization of water,

sanitation and prevention of pollution, channel

rectification, stabilization, drainage of transboundary storm waters, and other related matters upon the international boundary between

the United States and Mexico; and to construct

and maintain fences, monuments and other demarcations of the boundary line between the

United States and Mexico, and sewer systems,

water systems, and electric light, power and gas

systems crossing the international border, and

to continue such work and operations through

the American Commissioner as are now in

progress and are authorized by law.

The President is authorized and empowered to

construct, operate, and maintain on the Rio

Grande River below Fort Quitman, Texas, any

and all works or projects which are recommended to the President as the result of such

investigations and by the President are deemed

necessary and proper.

(May 13, 1924, ch. 153, §2, 43 Stat. 118; Mar. 3,

1927, ch. 381, §2, 44 Stat. 1403; Aug. 19, 1935, ch.

561, 49 Stat. 660; Pub. L. 101–246, title IV,

§412(b)(2), Feb. 16, 1990, 104 Stat. 70.)

AMENDMENTS

1990—Pub. L. 101–246 inserted reference to drainage of

transboundary storm waters.

1935—Act Aug. 19, 1935, amended section generally.

1927—Act Mar. 3, 1927, increased appropriation from

$20,000 to $50,000.

CHANGE OF NAME

International Boundary Commission, United States

and Mexico, American section, to which powers, duties,

and functions of International Water Commission,

United States and Mexico, American section, were

transferred by act June 30, 1932, ch. 314, §510, 47 Stat.

417, reconstituted as International Boundary and Water

Commission by Water Treaty of 1944.

REPEALS

Act Mar. 3, 1927, cited as a credit to this section, was

repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat.

647.

WATER RESOURCES PLANNING

Jurisdiction, powers, or prerogatives of the International Boundary and Water Commission, United

States and Mexico, unaffected by Water Resources

Planning Act, see section 1962–1 of Title 42, The Public

Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277c, 277d of

this title.

§ 277b. Works or projects under treaty

(a) Construction, operation, maintenance, and

supervision; sewage interceptor system

The President is further authorized (1) to construct any project or works which may be provided for in a treaty entered into with Mexico

and to repair, protect, maintain, or complete

works now existing or now under construction

or those that may be constructed under the

treaty provisions aforesaid; and to construct

any project or works designed to facilitate compliance with the provisions of treaties between

the United States and Mexico; (2) to operate and

maintain any project or works so constructed

or, subject to such rules and regulations for continuing supervision by the said American Commissioner or any Federal agency as the President may cause to be promulgated, to turn over

the operation and maintenance of such project

or works to any Federal agency, or any State,

county, municipality, district, or other political

subdivision within which such project or works

may be in whole or in part situated, upon such

terms, conditions, and requirements as the

President may deem appropriate; and (3) to

carry out preliminary surveys, operations, and

maintenance of the interceptor system constructed to intercept sewage flows from Tijuana

from selected canyon areas.

(b) Rio Grande bank protection project

Expenditures for the Rio Grande bank protection project shall be subject to the provisions

and conditions made with respect to that

project in the first undesignated paragraph

under the heading ‘‘INTERNATIONAL OBLIGATIONS’’ contained in the Act of April 25, 1945 (59

Stat. 89).

(c) Anzalduas diversion dam

The Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in

the United States unless suitable arrangements

have been made with the prospective water

users for repayment to the Government of the

United States for such portions of the dam as

shall have been allocated to such purposes by

the Secretary of State.

(d) Improvements to Rio Grande Canalization

Project

Pursuant to the authority of subsection (a) of

this section and in order to facilitate further

compliance with the terms of the Convention for

Equitable Distribution of the Waters of the Rio

Grande, May 21, 1906, United States-Mexico, the

Secretary of State, acting through the United

States Commissioner of the International

Boundary and Water Commission, may make

improvements to the Rio Grande Canalization

Project, originally authorized by the Act of August 29, 1935 (49 Stat. 961). Such improvements

may include all such works as may be needed to

stabilize the Rio Grande in the reach between

the Percha Diversion Dam in New Mexico and

the American Diversion Dam in El Paso.

(May 13, 1924, ch. 153, §3, as added Aug. 19, 1935,

ch. 561, 49 Stat. 660; amended Pub. L. 101–246,

title IV, §412(b)(1), Feb. 16, 1990, 104 Stat. 70;

Pub. L. 104–319, title I, §104, Oct. 19, 1996, 110

Stat. 3866.)