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LegalText 43 U.S.C. § 389 Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy us united_states_code code_section 43 PUBLIC LANDS 12 RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT 389 43 U.S.C. § 389 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip /us/usc/t43/s389 data/legal/raw/us/code/title-43/usc43.xml 1312f7b8402d97e13c7314095518916affd85886a4fe1bc965205d7f109194e0 d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f c1a5152040e6378160a3c65bf67ff613b64e9e039718ca7ea07ab6dd68922510 2026-07-04 official
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43 U.S.C. § 389 - Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

Text

The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.

(Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.)

Notes

Statutory Notes and Related Subsidiaries

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