§ 277d–22 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 82

ed, to be paid out of but not in addition to the

amount of award, to the attorneys representing

the claimant. Any attorney who charges, demands, receives, or collects for services rendered

in connection with such claim any amount in

excess of that allowed by the terms of this section, if award be made, shall be fined not more

than $2,000 or imprisoned not more than one

year, or both.

(Pub. L. 88–300, §5, Apr. 29, 1964, 78 Stat. 185.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–22, 277d–24, 277d–25 of this title.

§ 277d–22. Prohibition against duplicate payments; eligibility for payments unaffected by

means employed for acquisition of property;

rights and powers unaffected

Payments to be made as herein provided shall

be in addition to, but not in duplication of, any

payments that may otherwise be authorized by

law. The means employed to acquire the property, whether by condemnation or otherwise,

shall not affect eligibility for reimbursement or

compensation under sections 277d–17 to 277d–25

of this title. Nothing contained in such sections

shall be construed as creating any legal right or

cause of action against the United States or as

precluding the exercise by the Government of

the right of eminent domain or any other right

or power that it may have under such sections

or any other law; nor shall such sections be construed as precluding an owner or tenant from asserting any rights he may have under other laws

or the Constitution of the United States.

(Pub. L. 88–300, §6, Apr. 29, 1964, 78 Stat. 186.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–24, 277d–25 of this title.

§ 277d–23. Taxation; exclusion from gross income

No amount received as an award under subsection a. and subsections b. (1) and (3) of section 277d–19 of this title shall be included in

gross income for purposes of chapter 1 of title 26.

However, amounts received under subsection b.

(1) shall be included in gross income to the extent that such amounts are not used within one

year of the receipt thereof to purchase replacement housing or facilities.

(Pub. L. 88–300, §7, Apr. 29, 1964, 78 Stat. 186; Pub.

L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

AMENDMENTS

1986—Pub. L. 99–514 substituted ‘‘Internal Revenue

Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’,

which for purposes of codification was translated as

‘‘title 26’’ thus requiring no change in text.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–22, 277d–24, 277d–25 of this title.

§ 277d–24. Definitions; exemption from administrative procedure provisions

As used in sections 277d–17 to 277d–25 of this

title, the term ‘‘land’’ shall include interests in

land, and the term ‘‘fair value’’ shall mean fair

value of the interest acquired. The provisions of

such sections shall be exempt from the operations of subchapter II of chapter 5, and chapter

7, of title 5.

(Pub. L. 88–300, §8, Apr. 29, 1964, 78 Stat. 186.)

CODIFICATION

‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’

substituted in text for ‘‘the Administrative Procedure

Act of June 11, 1946 (60 Stat. 237), as amended (5 U.S.C.

1001–1011)’’ on authority of Pub. L. 89–554, §7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted

Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–22, 277d–25 of this title.

§ 277d–25. Authorization of appropriations

There are authorized to be appropriated to the

Department of State for the use of the United

States section of said Commission not to exceed

$44,900,000 to carry out the provisions of said

convention and sections 277d–17 to 277d–25 of this

title and for transfer to other Federal agencies

to accomplish by them or other proper agency

relocation of their facilities necessitated by the

project. Of the appropriations authorized by this

section, not to exceed $4,200,000 may be used to

carry out the provisions of section 277d–19 of

this title. The provisions of section 277d–3 of this

title are hereby expressly extended to apply to

the carrying out of the provisions of said convention and sections 277d–17 to 277d–25 of this

title.

(Pub. L. 88–300, §9, Apr. 29, 1964, 78 Stat. 186.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–22, 277d–24 of this title.

§ 277d–26. Lower Colorado River emergency

flood control works; agreements with Mexico

for joint construction, operation and maintenance

The Secretary of State, acting through the

United States Commissioner, International

Boundary and Water Commission, United States

and Mexico, is authorized to conclude, with the

appropriate official or officials of the Government of Mexico, agreements for emergency flood

control measures of international character in

the reaches of the lower Colorado River between

Imperial Dam and the Gulf of California, in both

the United States and Mexico, such agreements

to provide: (a) for the joint clearing and maintaining free of trees and brush the bed and banks

of the channel; for removing sediment deposits

from the river channel; and (b) for corrective actions to guard against sedimentation and consequent aggradation of the river channel incident to desilting operations at diversion dams in

the two countries: Provided, That, prior approval

of the Secretary of the Interior is required of

any proposed agreement with Mexico under

clause (b) of this section which would involve

construction and/or operation of works on the

Colorado River in the United States under the

jurisdiction of the Secretary. The measures contemplated herein are for the purpose of controlling floods on the lower Colorado River in ac-