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LegalText 43 U.S.C. § 387 Removal of sand, gravel, etc.; leases, easements, etc. us united_states_code code_section 43 PUBLIC LANDS 12 RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT 387 43 U.S.C. § 387 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/s387 data/legal/raw/us/code/title-43/usc43.xml 4887e1563898a0388e3c614b098e7cfec45778faa4c8064a7db2bbe6e3496b80 d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f 4425670950bbe076bbb48e7dfdc960509c1a719569a0440879ab33ba0a2feeda 2026-07-04 official
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43 U.S.C. § 387 - Removal of sand, gravel, etc.; leases, easements, etc.

Text

The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of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and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: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

(Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)

Notes

Editorial Notes

References in TextThe Federal reclamation laws, referred to in text, are defined in section 485a of this title.

Amendments1950—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.