| OCR Text |
Show 553 practical matter, the requirement thus becomes insignificant since the remaining projects to which it does apply would be primarily local in scope. When Congress in 1944 authorized prosecution by the Secretary of Agriculture of flood-control work in 11 watersheds, it provided that nothing in the author- izing act shall be construed as authorizing "the acquisition of any land by the Federal Government until the legislature of the State in which the land lies shall have consented to the acquisition of lands by the United States for the purposes within the scope of this section."311 Other Conditions.-Still other provisions in the nature of conditions precedent have been prescribed for other types of projects. Thus, in the case of water-conservation and utiliza- tion projects, there must be a finding by the President that labor, materials, and property should be made available to the Department of the Interior by other federal agencies, to the extent needed to make up the difference between the estimated construction cost and the part to be met with appropriated funds, together with nonfederal contributions.312 Another ex- ample appears in the Boulder Canyon Project Act which re- quires the execution of power contracts to insure repayment of the cost of the dam and power plant.313 Special Problems in Construction.-Several special prob- lems incident to the construction of water-resource projects have received statutory recognition. These include matters concerning land acquisition, whether construction shall be by contract or force account, and relocation of inundated facilities. Land Acquisition.-It has long been required by law that "no land shall be purchased on account of the United States, except under a law authorizing such purchase."314 Various special provisions have followed in connection with water- resource development. Thus, the Secretary of the Army is generally empowered to acquire by purchase or condemnation land needed for au- 811 Act of December 22,1944, § 13, 58 Stat. 887, 905. 812 Act of October 14,1940, § 3(a), 54 Stat. 1119,1120,16 U. S. C. 590z-l(a). m Act of December 21,1928, § 4(b), 45 Stat. 1057,1059, 43 U. S. O. 617c(b). SWR. S. § 3736, from Act of May 1, 1820, § 7, 3 Stat. 567, 568, 41 U. S. C. 14. |
