Page:United States Statutes at Large Volume 60 Part 1.djvu/670

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60 STAT.] 79TH OONG. , 2D SESS.-CH. 596-JULY 24, 1946 increased cost to local agencies of providing the educational services required by the Government: Harlan County Reservoir, Nebraska. Garrison Reservoir, North Dakota. Fort Randall Reservoir, South Dakota. Detroit Reservoir, Oregon. Dorena Reservoir, Oregon. Lookout Point Reservoir, Oregon. Bull Shoals Reservoir, Arkansas. Clearwater Reservoir, Missouri. SEC. 7. That the Secretary of War is hereby authorized and em- powered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way over, across, in, and upon acquired lands under his jurisdiction and control, and public lands permanently withdrawn or reserved for the use of the War Depart- ment, to any State, political subdivision thereof, or municipality, or to any individual, partnership, or corporation of any State, Territory, or possession of the United States, for (a) railroad tracks; (b) oil pipe lines; (c) substations for electric power transmission lines, tele- phone lines, and telegraph lines, and pumping stations for gas, water, sewer, and oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other fish-cultural improvements; (i) roads and streets; and (j) for any other purpose or purposes deemed advisable by the Secretary of War: Provided, That such rights-of- way shall be granted only upon a finding by the Secretary of War that the same will not be incompatible with the public interest: Provided further,That such rights-of-way shall not include any more land than is reasonably necessary for the purpose for which granted: And pro- vided further, That all or any part of such rights-of-way may be an- nulled and forfeited by the Secretary of War for failure to comply with the terms and conditions of any grant hereunder or for nonuse for a period of two consecutive years or abandonment of rights granted under authority hereof. Copies of all instruments granting ease- ments over public lands pursuant to this section shall be furnished to the Secretary of the Interior. SEC. 8. That the Secretary of War is authorized and empowered, in his discretion, to use any property or parts thereof, including lands other than lands withdrawn from public domain, under his control and jurisdiction for the prosecution of any authorized civil work or function administered by the War Department without charge, except usual handling charges, against appropriations for such civil works or functions. SEC. 9 . Whenever the Chief of Engineers shall find that any high- way, railway, or utility has been or is being damaged or destroyed by reason of the operation of any dam or reservoir project under the control of the War Department, he may utilize any funds available for the construction, maintenance, or operation of the project involved for the repair, relocation, restoration, or protection of such highway, railway, or utility: Provided, That this section shall not apply to highways, railways, and utilities previously provided for by the War Department, unless the Chief of Engineers determines that the actual damage has or will exceed that for which provision had pre- viously been made. SEC. 10. That the following works of improvement for the benefit of navigation and the control of destructive flood-waters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein: 643 Nebraska. North Dakota. South Dakota. Oregon. Arkansas. Missouri. Easements for rights of-way. Oondition. Forfeiture. Copies of instru. ments for Secretary of the Interior. Use of property. Damage to high- ways, etc. Nonapplicability. Projects authorized.