dreamproit/uscode huggingface dataset:
22 U.S.C. § 277d–18 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–18. Construction, operation, and maintenance of works; Bridge of the Americas
(a) In general
The United States Commissioner is authorized to construct, operate, and maintain all works provided for in said convention and sections 277d–17 to 277d–25 of this title, and to turn over the operation and maintenance of any such 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 Commissioner may deem appropriate.
(b) Bridge of the Americas
The United States Commissioner is authorized to receive payments of money from public or private sources in the United States or Mexico made for the purpose of sharing in the cost of operations, maintenance, and replacement of the Bridge of the Americas which crosses the Rio Grande between El Paso, Texas, and Cd. Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the Commission which is currently available. Funds received under this subsection shall be available only for the replacement of such bridge.
(c) Advance appropriations
The authority of subsection (b) of this section may be exercised only to the extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 88–300, § 2, Apr. 29, 1964, 78 Stat. 184; Pub. L. 103–236, title IV, § 423(a), Apr. 30, 1994, 108 Stat. 457; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 703], Nov. 29, 1999, 113 Stat. 1536, 1501A–460.)
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–113 inserted “operations, maintenance, and” after “cost of”.
1994—Pub. L. 103–236 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
22 U.S.C. § 277d–20 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–20. Limitation on application for reimbursement or compensation
Application for reimbursement or compensation under section 277d–19 of this title shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred.
(Pub. L. 88–300, § 4, Apr. 29, 1964, 78 Stat. 185.)
22 U.S.C. § 277d–21 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–21. Attorneys’ fees; penalties
The Commissioner, in rendering an award in favor of any claimant under section 277d–19 of this title, may, as part of such award, determine and allow reasonable attorneys’ fees which shall not exceed 10 per centum of the amount awarded, 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.)
22 U.S.C. § 277d–22 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
22 U.S.C. § 277d–23 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Amendments
text: 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.
22 U.S.C. § 277d–24 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Codification
text: “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.
22 U.S.C. § 277d–25 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
22 U.S.C. § 277d–26 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 accordance with article 13 of the 1944 Water Treaty with Mexico, and accomplishment thereof by the International Boundary and Water Commission, United States Section, would be in accord with the Memorandum of Understanding “as to Functions and Jurisdiction of Agencies of the United States in Relation to the Colorado and Tijuana Rivers and the Rio Grande Below Fort Quitman, Texas, Under Water Treaty Signed at Washington, February 3, 1944,” between the Department of State and the United States Section, International Boundary and Water Commission and the Department of the Interior dated February 14, 1945.
(Pub. L. 88–411, § 1, Aug. 10, 1964, 78 Stat. 386.)
22 U.S.C. § 277d–27 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–27. Execution of agreements
The United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to carry out those measures agreed upon for execution by the United States in the agreements concluded pursuant to section 277d–26 of this title.
(Pub. L. 88–411, § 2, Aug. 10, 1964, 78 Stat. 386.)
22 U.S.C. § 277d–28 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–28. Authorization of appropriations
There is authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, not in excess of $300,000 for the initial cost of the work authorized in sections 277d–26 to 277d–28 of this title, and not to exceed $30,000 based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually thereafter for necessary maintenance.
(Pub. L. 88–411, § 3, Aug. 10, 1964, 78 Stat. 386; Pub. L. 93–126, § 7(b), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95–105, title V, § 514(b), Aug. 17, 1977, 91 Stat. 862.)
heading: Amendments
text: 1977—Pub. L. 95–105 inserted “based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,” after “$30,000”.
1973—Pub. L. 93–126 substituted “$30,000” for “$20,000”.
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95–105, set out as a note under section 277d–3 of this title.
22 U.S.C. § 277d–29 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–29. Rio Grande canalization project; flood and sediment control; agreements authorized; control gates; costs; authorization of appropriations
For the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954, as amended [16 U.S.C. 1001 et seq.], for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of Said Commissioner, to facilitate and implement the operation and maintenance of said project.
Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance.
Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project.
Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary.
There is hereby authorized to be appropriated not in excess of $50,000 per annum for contributions to maintenance authorized by this section.
(Pub. L. 88–600, Sept. 18, 1964, 78 Stat. 956; Pub. L. 93–126, § 7(c), Oct. 18, 1973, 87 Stat. 452.)
heading: References in Text
text: The Watershed Protection and Flood Prevention Act of August 4, 1954, as amended, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which is classified generally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.
heading: Amendments
text: 1973—Pub. L. 93–126 substituted “$50,000” for “$23,000”.
22 U.S.C. § 277d–30 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–30. Lower Rio Grande drainage conveyance canal projects; agreements with Mexico for construction, operation, and maintenance; division of costs; non-Federal assurances of one-half of Federal costs
The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized, notwithstanding any other provision of law and subject to the conditions provided in this section and section 277d–31 of this title to conclude an agreement or agreements with the appropriate official or officials of the Government of the United Mexican States for the construction, operation, and maintenance by the United Mexican States under the supervision of the International Boundary and Water Commission, United States and Mexico, of a drainage conveyance canal through Mexican territory for the discharge of waters of El Morillo and other drains in the United Mexican States into the Gulf of Mexico in the manner, and having substantially the characteristics, described in said Commission’s minute numbered 223, dated November 30, 1965. The agreement or agreements shall provide that the cost of construction including costs of design and right-of-way and the costs of operation and maintenance, shall be equally divided between the United Mexican States and the United States. Before concluding the agreement or agreements, the Secretary of State shall receive satisfactory assurances from private citizens or a responsible local group that they or it will pay to the United States Treasury one-half of the actual United States costs of such construction, including costs of design and right-of-way, and one-half of the actual costs of operation and maintenance allocated under such agreement or agreements to the United States. Payments to the United States Treasury under this section shall be covered into the Treasury as miscellaneous receipts.
(Pub. L. 89–584, § 1, Sept. 19, 1966, 80 Stat. 808.)
22 U.S.C. § 277d–31 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–31. Authorization of appropriations
To defray costs that accrue to the United States under the agreement or agreements referred to in section 277d–30 of this title for the construction, operation, and maintenance of drainage conveyance canal projects, there are authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, the following amounts:
(1) Not to exceed $690,000 for costs of construction.
(2) Upon completion of construction, not to exceed $25,000 based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually for costs of operation and maintenance.
(Pub. L. 89–584, § 2, Sept. 19, 1966, 80 Stat. 808; Pub. L. 93–126, § 7(a), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95–105, title V, § 514(a), Aug. 17, 1977, 91 Stat. 862.)
heading: Amendments
text: 1977—Par. (2). Pub. L. 95–105 inserted “based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,” after “$25,000”.
1973—Par. (2). Pub. L. 93–126 substituted “$25,000” for “$20,000”.
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95–105, set out as a note under section 277d–3 of this title.
22 U.S.C. § 277d–32 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–32. Tijuana River flood control project; agreement 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 hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tijuana River, which shall be located and have substantially the characteristics described in “Report on an International Flood Control Project, Tijuana River Basin”, prepared by the United States Section, International Boundary and Water Commission, United States and Mexico.
(Pub. L. 89–640, § 1, Oct. 10, 1966, 80 Stat. 884.)
22 U.S.C. § 277d–33 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–33. Authorization; construction, operation, and maintenance, appropriations, and acquisition of land
Pursuant to the agreement concluded under the authority of section 277d–32 of this title, the United States Commissioner is authorized to construct, operate, and maintain the portion of the “International Flood Control Project, Tijuana River Basin,” assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States section the sum of $10,800,000 for construction costs of such project, as modified, based on estimated June 1976 prices, plus or minus such amounts as may be justified by reason of price index fluctuations in costs involved therein, and such sums as may be necessary for its maintenance and operation, except that no funds may be appropriated under sections 277d–32 and 277d–33 of this title for the fiscal year ending on September 30, 1977. Contingent upon the furnishing by the city of San Diego of its appropriate share of the funds for the acquisition of the land and interests therein needed to carry out the agreement between the United States and Mexico to construct such project, the Secretary of State, acting through the United States Commissioner, is further authorized to participate financially with non-Federal interests in the acquisition of said lands and interest therein, to the extent that funds provided by the city of San Diego are insufficient for this purpose.
(Pub. L. 89–640, § 2, Oct. 10, 1966, 80 Stat. 884; Pub. L. 94–425, Sept. 28, 1976, 90 Stat. 1333.)
heading: Amendments
text: 1976—Pub. L. 94–425 substituted provisions authorizing appropriations of $10,800,000 for construction costs for project based on June 1976 prices, with exception that no funds may be appropriated for fiscal year ending Sept. 30, 1977 for provisions authorizing appropriations not to exceed $12,600,000 for construction costs for project, eliminated provision requiring approval of title by Attorney General, and inserted provision authorizing financial participation of Secretary of State through Commissioner to acquire land for construction of project contingent upon city of San Diego furnishing its appropriate share of funds.
22 U.S.C. § 277d–34 (FOREIGN RELATIONS AND INTERCOURSE)
§ 277d–34. American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation
In connection with the treaty between the United States of America and the United Mexican States to resolve pending boundary differences and maintain the Rio Grande and the Colorado River as the international boundary between the United States of America and the United Mexican States, signed November 23, 1970, (hereafter in this Act referred to as the “treaty”), the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States, and Mexico (hereafter in this Act referred to as the “Commissioner”), is authorized—
(1) to conduct technical and other investigations relating to—
(A) the demarcation, mapping, monumentation, channel relocation, rectification, improvement, stabilization, and other matters relating to the preservation of the river boundaries between the United States and Mexico;
(B) the establishment and delimitation of the maritime boundaries in the Gulf of Mexico and in the Pacific Ocean;
(C) water resources; and
(D) the sanitation and the prevention of pollution;
(2) to acquire by donation, purchase, or condemnation, all lands or interests in lands required—
(A) for transfer to Mexico as provided in the treaty;
(B) for construction of that portion of new river channels and the adjoining levees in the territory of the United States;
(C) to preserve the Rio Grande and the Colorado River as the boundary by preventing the construction of works which may cause deflection or obstruction of the normal flow of the rivers or of their floodflows; and
(D) for relocation of any structure or facility, public or private, the relocation of which, in the judgment of the Commissioner, is necessitated by the project; and
(3) to remove, modify, or repair the damages caused to Mexico by works constructed in the United States which the International Boundary and Water Commission, United States and Mexico, as determined have an adverse effect on Mexico, or to compensate Mexico for such damages.
(Pub. L. 92–549, title I, § 101, Oct. 25, 1972, 86 Stat. 1161.)
heading: References in Text
text: This Act, referred to in text, means Pub. L. 92–549, Oct. 25, 1972, 86 Stat. 1161, which enacted sections 277d–34 to 277d–42 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Short Title
text: Pub. L. 92–549, § 1, Oct. 25, 1972, 86 Stat. 1161, provided: “That this Act [enacting this section and sections 277d–35 to 277d–42 of this title and amending section 1322 of Title 19, Customs Duties] may be cited as the ‘American-Mexican Boundary Treaty Act of 1972’.”