OCR Text |
Show 554 thorized navigation and flood-control improvements.816 In addition, whenever a state or designated local agency shall undertake to secure lands needed in connection with such projects for the purpose of conveying the same to the United States free of cost and shall be unable to do so, the Secretary of the Army may acquire such lands.316 In the case of Reclamation projects, the Secretary of the Interior is authorized to purchase or condemn property or rights therein.817 Importantly facilitating later federal recla- mation activities, an 1890 statute required that in all patents for lands thereafter taken up under the land laws or on entries or claims validated by that statute, west of the one-hundredth meridian:818 it shall be expressed that there is reserved from the lands in said patent described, a right of way thereon for ditches or canals constructed by the authority of the United States. Specific authority to acquire property by purchase or con- demnation is also contained in the Bonneville Project Act and the Fort Peck Project Act.319 Similarly, express authority for the acquisition of property or rights is also contained in the Water Conservation and Utilization Act.320 As already noted, in authorizing flood-control works by the Secretary of Agriculture, Congress specified a requirement of state consent in connection with acquisition of land.321 A like restriction is stipulated under the 1911 Weeks Law, making pro- vision for acquisition of forested, cut-over, or denuded lands ""Act of April 24,1888, 25 Stat. 94, 33 U. S. C. 591; Act of March 1,1917, § 3, 39 Stat. 948, 950, 33 U. S. C. 701. 816 Act of August 8, 1917, § 9, 40 Stat. 250, 267, 33 U. S. O. 593; Act of August 18,1941, § 6, 55 Stat. 638, 650, 33 U. S. C. 701c-2. 81T Act of June 17,1902, § 7, 32 Stat. 388, 389,43 U. S. O. 421. 818 Act of August 30, 1890, § 1, 26 Stat. 371, 391, 43 U. S. C. 945. 819Act of August 20, 1937, §2(c), 50 Stat. 731, 732, 16 U. S. 0. 832a (c) ; Act of May 18, 1938, §§ 2(c), 2(d), 52 Stat. 403, 404, 16 U. S. 0. 833a(c), 833a(d). 820 Act of October 14,1940, § 10(b), 54 Stat. 1119,1125,16 U. S. C. 590z-8(b). 321 Act of December 22,1944, § 13, 58 Stat. 887,905. |